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HB 2348

Modifies provisions relating to jury instructions for the offense of murder in the first degree

2026 Regular Session Introduced by Michael Burton and 2 co-sponsors

Missouri HB 2348 bars the court from imposing death if the jury can’t reach a punishment verdict; life without parole becomes the default.

Referred: Emerging Issues(H)
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Bill Summary · HB 2348

Summary of HB 2348 (Missouri, 2026)

Purpose and intent

  • Modifies how trials for murder in the first degree proceed and changes the potential final punishment if the jury cannot agree on punishment.
  • Specifically, the bill removes death as a possible court-imposed punishment option when the jury cannot reach a verdict on punishment, aligning outcomes with other criminal cases after a jury verdict of guilt.

Key provisions and changes

  • Section 565.030 reorganized with the following structure for first-degree murder:
    1. If murder in the first degree is charged but not submitted to the jury or if the death penalty is waived, the trial proceeds like other criminal cases.
    2. If murder in the first degree is submitted to the jury without a death-penalty waiver, the trial proceeds in two stages before the same trier:
      • Stage 1: The jury determines guilt or innocence on submitted offenses; no punishment decision at this stage. If other offenses are charged with murder in the first degree, the court may assess punishment for those offenses after guilt and after determining prior offender status.
    3. If murder in the first degree is submitted and the death penalty is not waived, and the jury finds the defendant guilty of a lesser homicide, a second stage follows where punishment is argued and assessed as in other cases.
    4. If the jury finds guilt on murder in the first degree at Stage 1 (death penalty not waived), a second stage proceeds focusing solely on punishment. This stage may admit aggravation/mitigation evidence, including victim impact and other permitted evidence. The state presents first; if the jury is seated, it is instructed on the law, and both sides may argue. The trier would determine punishment under standard rules (life without parole, etc.). The bill specifies:
      • If the trier (including a jury) finds any of the specified conditions (e.g., intellectual disability by preponderance, lack of proven aggravating circumstances beyond reasonable doubt, mitigating evidence outweighing aggravation, or a decision not to impose death) the punishment is life imprisonment without eligibility for probation, parole, or release, except by governor action. If the jury cannot decide on punishment, the court may impose life without parole.
      • If death is chosen, the findings must list the aggravating circumstances found beyond a reasonable doubt. For a hung jury on punishment, life without parole is imposed by the court.
  1. With written agreement and court leave, the issue of the defendant’s intellectual disability may be addressed before trial without prejudicing the right to submit the issue to the trier at Stage 4 (as applicable).
  2. Definitions of “intellectual disability/intellectually disabled” align with substantial limitations in general functioning and specific adaptive deficits documented before age 18.
  3. The section governs offenses committed on or after August 28, 2001 (retains this temporal applicability).
  • The explanatory notes emphasize that the bill removes the possibility of the court imposing death as a fallback when the jury cannot agree on punishment.

Who/what is affected

  • First-degree murder trials in Missouri, including:
    • The procedures for bifurcated trials (guilt phase then punishment phase).
    • The process and outcome if the jury cannot reach a punishment verdict.
    • Potential use of aggravating/mitigating evidence during the punishment phase.
  • Defendants in first-degree murder cases, particularly as it relates to the possibility (or lack thereof) of death as a court-imposed punishment if the jury is deadlocked on sentencing.
  • Judicial instructions and prosecutorial/defense trial strategy regarding punishment proceedings.

Procedural and timeline aspects

  • The bill preserves a two-stage trial framework when death penalty is not waived and murder in the first degree is charged.
  • The key procedural change is in Stage 4 (the punishment stage) where death cannot be imposed by the court if the jury is unable to decide on punishment; life without parole would be the default in such circumstances.
  • Intellectual disability determinations may be addressed pre-trial with agreement, under certain conditions.
  • Effective date is tied to offenses committed on or after August 28, 2001 for applicable provisions.

Additional notes

  • The bill is modeled similarly to SB 225 (2025).
  • Sponsors include Rep. Proudie and co-sponsors Michael Burton, Kimberly-Ann Collins, and Raychel Proudie.
  • Action history shows referral to Emerging Issues (H) and previous readings in early 2026.

Compiled from official sources — confirm details with the bill’s official record.

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