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HB 2259

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

2026 Regular Session Introduced by Jo Doll

Missouri replaces non-unanimous punishment with life without parole as the default when the jury cannot unanimously decide on death in first-degree murder cases.

Referred: Emerging Issues(H)
#courts #crimesandpunishment #criminalprocedure #juries
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Bill Summary · HB 2259

Summary of HB 2259 (2026) – Missouri

Purpose and intent

  • Reforms the trial procedures for first-degree murder when the death penalty is involved.
  • Replaces the current rule that allows a court to impose punishment if the jury cannot reach a unanimous verdict on punishment.
  • Establishes a two-stage trial procedure and directs that, if the death penalty is not waived and the jury cannot unanimously decide on punishment, the outcome is life imprisonment without parole unless the court or governor acts otherwise.

Key provisions and changes

  1. Scope and general rule

  2. Repeals current section 565.030 and enacts a new section with the same citation number (565.030) outlining revised trial procedures for murder in the first degree.

  3. Non-submission or death-penalty waiver scenarios

  4. If murder in the first degree is charged but not submitted to the jury, or if the state waives the death penalty, the trial proceeds as in other criminal cases (i.e., no special two-stage framework).

  5. Two-stage trial when death penalty is submitted

  6. If murder in the first degree is submitted to the jury and the death penalty is not waived, the trial proceeds in two stages before the same trier.

    • Stage 1: The jury determines guilt or innocence of the submitted offense. Punishment is not decided at this stage.
    • If other offenses with murder are charged and punished, the court may assess punishment for those offenses after guilt is found and after adjudicating prior offender status.

  7. Second-stage punishment trial if guilty of murder in the first degree

  8. If the jury finds the defendant guilty of murder in the first degree, a second stage is held to determine punishment, following rules for evidence and argument on punishment as in other criminal cases.

  9. The jury or judge then assesses punishment accordingly.

  10. Second-stage punishment for lesser homicide after murder verdict

  11. If the trier finds the defendant guilty of murder in the first degree but later finds the defendant guilty of a lesser homicide, the second stage proceeds with punishment determination as in other criminal cases.

  12. Second-stage punishment for initial first-stage conviction

  13. If the trier at Stage 1 finds guilty of murder in the first degree, a second stage determines punishment with the possibility of presenting aggravating/mitigating evidence, including victim impact, under court discretion.

  14. The state bears the first argument; if the trier is a jury, it is instructed on the law. The trier must decide punishment to life imprisonment without parole unless specified otherwise by statute and certain criteria are met.

  15. Conditions for death-penalty verdict or life sentence

  16. If the trier imposes death, findings must specify aggravating circumstances found beyond a reasonable doubt.

  17. If the jury cannot unanimously decide on aggravation versus mitigation, the court may impose life imprisonment without parole.

  18. If the trier declines to impose death under all circumstances, the court follows life-imprisonment provisions.

  19. Post-verdict resentencing for pre-August 28, 2026 sentences

  20. Any defendant sentenced prior to August 28, 2026, by a judge after a jury was unable to reach a unanimous decision must be resentenced to life imprisonment without parole, upon motion in the original sentencing court or the circuit court of the county of incarceration.

  21. Intellectual disability considerations

  22. Written agreement by the parties and leave of court may allow the issue of intellectual disability to be decided prior to trial without prejudicing the right to have it determined by the trier of fact.

  23. Definitions and applicability

  24. Defines “intellectual disability” with substantial limitations in functioning and adaptive behavior, manifested before age 18.

  25. Applies to offenses committed on or after August 28, 2001.

Who and what is affected

  • Defendants charged with murder in the first degree where the death penalty is sought and not waived.
  • Trial procedures: introduction of a two-stage process for guilt and punishment.
  • Sentencing outcomes: shifts from potential death or court-imposed life terms to life imprisonment without parole as the default punishment when punishment is contested and no unanimous decision on death is reached.
  • Past cases: requires resentencing for certain individuals whose sentences were imposed after a jury could not unanimously decide on punishment before the bill’s effective date.
  • Intellectual disability considerations: possible pre-trial determination with agreement of parties.

Procedural and timeline aspects

  • The bill specifies a two-stage trial structure for cases with death-penalty submission.
  • If death is not imposed, punishment is determined in Stage 2 under normal criminal procedure.
  • If a unanimous decision on punishment cannot be reached, the default becomes life imprisonment without parole (LWOP) except by governor act.
  • Resentencing for pre-August 28, 2026 sentences where the judge originally sentenced after a non-unanimous punishment verdict.
  • Effective date: language indicates applicability to offenses committed on or after August 28, 2001, with most changes relevant to cases proceeding after the bill’s enactment; specific timing for implementation is tied to when the bill becomes law, including the resentencing provision for past cases.

Practical impact

  • Aligns Missouri murder trial practice with a fixed LWOP outcome when the jury cannot unanimously decide on punishment, removing death-penalty-override language.
  • Potentially increases the number of LWOP sentences from cases that would previously have allowed death or court-determined outcomes after non-unanimous punishment verdicts.
  • Adds a formal, two-stage trial framework for certain murder cases, with structured presentation of aggravating/mitigating evidence in the punishment phase.
  • Creates a mechanism to ensure consistency in sentencing for older cases via mandatory resentencing.

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

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