SB 223 -- JURY INSTRUCTIONS ON LESSER INCLUDED OFFENSES

SPONSOR:  Caskey (Hosmer)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Criminal Law by a vote of 9 to 0.

This bill clarifies that a criminal offense is charged when:
(1) it is in an indictment or information; or (2)  it is a
lesser included offense.  The bill also codifies Missouri
Supreme Court notes on use for criminal jury instructions, by
requiring a court to instruct the jury with respect to a lesser
included offense only if there is a basis for acquitting the
defendant of the higher charge and convicting him of the
included offense.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill is necessary to
clarify and codify Missouri Supreme Court procedure as to when
an offense is charged and as to when a court must instruct a
jury on a lesser included offense.

Testifying for the bill was Representative Britt.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am