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HB 2876

Modifies provisions relating to trial procedures for murder in the first degree

2026 Regular Session Introduced by Kimberly-Ann Collins

Missouri HB 2876 requires a two-stage trial for first-degree murder with death penalty: guilt first, then a jury decides punishment (death or life without parole).

Referred: Emerging Issues(H)
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Bill Summary · HB 2876

What this bill does

Missouri HB 2876 proposes to modify the trial procedures for murder in the first degree (capital murder) by establishing a two-stage, bifurcated trial process in cases where the death penalty is authorized and not waived. The bill also sets rules for punishment assessment, jury versus court roles, and post-enactment sentencing adjustments for certain prior sentences.

Main purpose and intent

  • To require a bifurcated trial structure for first-degree murder when the death penalty is authorized and not waived.
  • To assign the punishment-determination phase (second stage) to the trier of fact (jury) in those cases, regardless of whether the first-stage verdict was reached by a jury or a judge.
  • To provide explicit procedures for punishment assessment, evidence, and possible outcomes (death or life without parole) in the second stage.
  • To address sentencing for pre-enactment cases where a judge previously imposed a sentence after a jury could not reach a unanimous verdict, mandating resentencing to life without parole or governor approval for release.

Key provisions and changes

  1. Two-stage trial when death penalty is submitted (565.030)

    • If death penalty is submitted and not waived, trial proceeds in two stages before the same trier.
    • First stage: Determine guilt or innocence of the submitted murder charge; punishment is not decided at this stage.
    • If there are additional offenses charged with the murder count, the judge handles punishment for those offenses after a finding of guilt and after determining prior offender status.

  2. Handling lesser offenses at first stage (565.030)

    • If the first stage yields a guilty verdict on murder in the first degree but the defendant is found guilty of a lesser homicide, the second stage proceeds as in other criminal cases for punishment.

  3. Second stage punishment trial (565.030)

    • If first-stage guilty of murder in the first degree and death penalty was not waived, a second stage determines punishment.
    • Only a jury may assess the punishment. If the defendant waives a jury or a jury is not empaneled, the court imposes life imprisonment without eligibility for probation, parole, or release except by governor action.
    • Evidence during the second stage (aggravation/mitigation) may be presented consistent with criminal trial rules, including victim impact, and rebuttal/surrebuttal are allowed.
    • The jury must be instructed on the relevant law and may hear aggravating and mitigating evidence, with the state having the right to open and close the argument.

  4. Jury’s punishment decision and conditions (565.030)

    • The jury (or court in waiver/no-empanelment scenarios) shall decide life without parole or death.
    • If death is chosen, the jury must specify the aggravating factors found beyond a reasonable doubt.
    • If the jury cannot reach a decision on punishment, the court shall impose life imprisonment without eligibility for probation, parole, or release (except by governor act).
    • Any pre-August 28, 2026 sentences by a judge after a non-unanimous jury verdict must be resentenced to life without parole, upon motion.

  5. Intellectual disability determination (565.030)

    • The issue of intellectual disability may be taken up by agreement of the parties with court leave, prior to trial, without prejudicing the right to have it submitted to the trier of fact as provided.

  6. Definitions and scope (565.030)

    • Defines intellectual disability and sets the offense scope to offenses committed on or after August 28, 2001.

  7. Jury instructions and aggravating/mitigating factors (565.032)

    • In all first-degree murder cases where death penalty is authorized, the judge must include instructions directing consideration of statutory aggravating factors and whether the evidence justifies death or life without parole.
    • Aggravating and mitigating circumstances are listed, including a wide range of factors such as prior murder convictions, committing the murder during another felony, targeting officials, the victim’s status, cruelty, and gang activity, among others.
    • Mitigating circumstances include lack of significant prior criminal history, mental disturbance, victim participation/consent, minor participation by accomplices, duress, diminished capacity, and defendant’s age.

Who and what would be affected

  • Defendants charged with murder in the first degree in Missouri where the death penalty is authorized and not waived.
  • Courts, prosecutors, and defense teams handling such cases.
  • Sentencing procedures in cases where juries fail to reach a unanimous death verdict or cases subjected to pre-2026 sentencing rules under current law.
  • Individuals with intellectual disability involved in capital murder cases (procedural option for pre-trial determination).

Procedural and timeline notes

  • The bill contemplates a two-stage trial structure for first-degree murder with death penalty consideration.
  • If death is not pursued or the death penalty is waived, the case proceeds as in other criminal cases.
  • Resentencing provisions apply to sentences imposed prior to August 28, 2026, where a judge sentenced after a non-unanimous jury verdict.
  • The bill specifies timelines for stages and requires specific jury participation (second-stage punishment to be decided by the jury unless a waiver exists).

Additional context

  • The bill is sponsored by Representative Collins (co-sponsor Kimberly-Ann Collins) and introduced in the 2026 session of the Missouri General Assembly.
  • It is positioned as modifying sections 565.030 and 565.032, RSMo, replacing them with two new sections bearing the same numbers but updated provisions.

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

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