FIRST REGULAR SESSION

HOUSE BILL NO. 284

91ST GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE HOSMER.

Read 1st time January 4, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

0251L.01I


AN ACT

To amend chapter 552, RSMo, by adding thereto one new section relating to criminal procedure involving mentally retarded individuals.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 552, RSMo, is amended by adding thereto one new section, to be known as section 552.090, to read as follows:

552.090. 1. Any other law to the contrary notwithstanding, any information, evidence, statement or confession obtained during a custodial interrogation of a person who has mental retardation shall be excluded from introduction at trial as evidence in a criminal trial unless an attorney was present during the custodial interrogation to represent the person who has mental retardation.

2. Any individual who interviews a person with mental retardation for purposes of criminal or abuse investigations shall immediately, prior to any interrogation, make reasonable efforts to notify such person's parent, guardian or designated protector.

3. As used in this section, the term "mental retardation" has the same meaning as that contained in section 630.005, RSMo.



Missouri House of Representatives