HCS HB 68 -- DEATH PENALTY COMMISSION

SPONSOR:  Hosmer (Liese)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 1.

This substitute creates a commission on the death penalty, which
is created to study all aspects of the death penalty in
Missouri.  The substitute designates the members of the
commission and directs it to hold public hearings.  The
commission's findings, which must include recommendations for
corrective amendments to the statutes and court rules, are to be
available to the Governor, the Legislature, and the Supreme
Court by January 1, 2004.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the commission and its study
are necessary to ensure that the poor, mentally ill, mentally
retarded, minorities, persons with inexperienced counsel, and
other persons are not being unfairly or disproportionately
subjected to the death penalty.  Problems in other states'
imposition of death sentences, such as those revealed recently
in Illinois, reinforce the need for this study.

Testifying for the bill were Representative Liese; Dr. Martin
Towey; Missouri Human Rights Commission; Missouri Association of
Criminal Defense Attorneys; Missourians to Abolish the Death
Penalty; Missouri Catholic Conference; Kevin Green, father of a
murder victim; Mary Mifflin, sister of a death row inmate; and
American Civil Liberties Union.

OPPONENTS:  Those who oppose the bill say that evidence has not
shown any examples of cases where persons who are either on
death row in Missouri or who have been executed in Missouri have
been exonerated.  Supporters say that the appellate process is
already extensive enough to discover any errors that might
exist, and that the Governor already has the power to review all
death sentences and to prevent any execution from being carried
out if evidence dictates that the execution is unjust.

Testifying against the bill were Carol Angelbeck, mother of
murder victim; Ken Jones, Moniteau County Sheriff; William and
Karen Long, son and daughter-in-law of murder victims; Bill
Polezus, parent of murder victim; and Peggy Coleman, mother of
murder victim.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:42 am