Establishes provisions relating to postconviction relief to set aside a sentence of death
Summary
HB1169 repeals and replaces Missouri’s existing statute governing postconviction relief in death penalty cases. The bill creates a new section requiring courts to determine whether a person filing a motion to set aside a death sentence is indigent and, if so, to appoint two attorneys to represent that person. It also limits when a movant may رفض or reject appointed counsel, allowing rejection only after the court finds the person is competent and understands the legal consequences.
The bill sets detailed qualifications for appointed counsel in capital postconviction proceedings. At least one attorney must have recent training in postconviction and death penalty litigation, at least three years of criminal litigation experience, and experience in postconviction motions, felony jury trials, or felony direct appeals. Counsel must certify their qualifications to the state public defender, may not have represented the movant at trial or on direct appeal, and must be paid reasonable compensation with necessary litigation expenses covered by the state public defender. The bill applies to motions filed under Missouri Supreme Court Rules 24.035 and 29.15 challenging a death sentence and directs compliance with applicable federal requirements for capital postconviction review.
Impact
HB1169 would change Missouri law by replacing section 547.370, RSMo, with a more detailed framework for appointment and qualification of counsel in death-sentence postconviction proceedings. It affects indigent capital defendants, appointed defense attorneys, the state public defender system, and courts handling postconviction motions, while also aligning state procedures with federal capital habeas-related requirements.
Sentiment
Based on the bill text and available context, the measure appears to be a technical and procedural update focused on ensuring qualified representation in capital postconviction cases rather than a broadly controversial policy change. No committee transcript or vote record is available here, so there is no documented public debate or recorded opposition in the provided materials. The caption and language suggest the bill is framed as an administration-of-justice measure.
Contention
The main potential points of contention are the mandatory appointment of two counsel for indigent movants, the strict qualification standards for attorneys, and the restriction on a movant’s ability to رفض or reject appointed counsel absent a competency finding. Supporters would likely view these provisions as necessary to ensure competent representation in death penalty cases and to meet federal standards, while critics might focus on the added cost to the state public defender system and the limits on a defendant’s choice of counsel. No specific opposing arguments are documented in the provided record.