Death penalty, if held unconstitutional, resentencing procedure
If the death penalty is ever ruled unconstitutional, anyone convicted of first-degree murder gets life in prison instead, with no chance of probation or parole — only the governor can let them out. If a specific reason used to give someone the death penalty is ruled unconstitutional, the Missouri Supreme Court can send the case back to be re-sentenced or have a new punishment trial.
565.040. , if held , procedure. — 1. In the event that the death penalty provided in this chapter is held to be unconstitutional, any person of shall be sentenced by the court to life imprisonment without eligibility for , , or except by act of the governor, with the that when a specific found in a case is held to be unconstitutional or for another reason, the supreme court of Missouri is further to the case for resentencing or retrial of the punishment 5 of section 565.035.
2. In the event that any death sentence imposed pursuant to this chapter is held to be unconstitutional, the which previously sentenced the to death shall cause the defendant to be brought before the court and shall sentence the defendant to life imprisonment without eligibility for probation, parole, or release except by act of the governor, with the exception that when a specific aggravating circumstance found in a case is held to be inapplicable, unconstitutional or invalid for another reason, the supreme court of Missouri is further authorized to remand the case for retrial of the punishment pursuant to subsection 5 of section 565.035.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2016 H.B. 2332 merged with S.B. 590)
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