SB 1697

                                      SECOND REGULAR SESSION
                 SENATE BILL NO. 1697
                                      103RD GENERAL ASSEMBLY
                                      INTRODUCED BY SENATOR SCHROER.
 7310S.01I  KRISTINA MARTIN, Secretary
                                                   AN ACT
 To amend chapter 566, RSMo, by adding thereto one new section relating to the death penalty for
           certain sexual offenses.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A. Chapter 566, RSMo, is amended by adding thereto
2  one new section, to be known as section 566.250, to read as
3  follows:
1566.250.  1. This section shall be known and may be
2  cited as the "Anti-Epstein Child Protection Act".
32.     Where statutory rape in the first degree or sexual
4  trafficking of a child in the first degree is charged but
5  not submitted or where the state waives the death penalty,
6  the submission to the trier and all subsequent proceedings
7  in the case shall proceed as in all other criminal cases.
83.     Where statutory rape in the first degree or sexual
9  trafficking of a child in the first degree is submitted to
10  the trier without a waiver of the death penalty, the trial
11  shall proceed in two stages before the same trier.  At the
12  first stage the trier shall decide only whether the
13  defendant is guilty or not guilty of any submitted offense.
14  The issue of punishment shall not be submitted to the trier
15  at the first stage.  If an offense is charged other than
16  statutory rape in the first degree or sexual trafficking of
17  a child in the first degree in a count together with a count
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18 of statutory rape in the first degree or sexual trafficking
19 of a child in the first degree, the trial judge shall assess
20 punishment on any such offense according to law, after the
21 defendant is found guilty of such offense and after he finds
22 the defendant to be a prior offender pursuant to chapter 558.
234.   If statutory rape in the first degree or sexual
24 trafficking of a child in the first degree is submitted and
25 the death penalty was not waived but the trier finds the
26 defendant guilty of a lesser sexual offense, a second stage
27 of the trial shall proceed as in all other criminal cases.
28 The attorneys may then argue as in other criminal cases the
29 issue of punishment, after which the trier shall assess and
30 declare the punishment as in all other criminal cases.
315.   If the trier at the first stage of a trial where
32 the death penalty was not waived finds the defendant guilty
33 of statutory rape in the first degree or sexual trafficking
34 of a child in the first degree, a second stage of the trial
35 shall proceed at which the only issue shall be the
36 punishment to be assessed and declared.    Evidence in
37 aggravation and mitigation of punishment, may be presented
38 subject to the rules of evidence at criminal trials.     Such
39 evidence may include, within the discretion of the court,
40 evidence concerning the victim and the impact of the offense
41 upon the family of the victim and others.    Rebuttal and
42 surrebuttal evidence may be presented.    The state shall be
43 the first to proceed.    If the trier is a jury it shall be
44 instructed on the law.    The attorneys may then argue the
45 issue of punishment to the jury, and the state shall have
46 the right to open and close the argument.    The trier shall
47 assess and declare the punishment at life imprisonment
48 without eligibility for probation, parole, or release except
49 by act of the governor:
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50(1)    If the trier finds by a preponderance of the
51 evidence that the defendant is intellectually disabled;
52(2)    If the trier concludes that there is evidence in
53 mitigation of punishment which is sufficient to outweigh the
54 evidence in aggravation of punishment found by the trier; or
55(3)    If the trier decides under all of the
56 circumstances not to assess and declare the punishment at
57 death.     If the trier is a jury it shall be so instructed.
58 If the trier is a jury it shall be instructed before the
59 case is submitted that if it is unable to decide or agree
60 upon the punishment the court shall assess and declare the
61 punishment at life imprisonment without eligibility for
62 probation, parole, or release except by act of the governor
63 or death.     The court shall follow the same procedure as set
64 out in this section whenever it is required to determine
65 punishment for statutory rape in the first degree or sexual
66 trafficking of a child in the first degree.
676.    Upon written agreement of the parties and with
68 leave of the court, the issue of the defendant's
69 intellectual disability may be taken up by the court and
70 decided prior to trial without prejudicing the defendant's
71 right to have the issue submitted to the trier of fact as
72 provided in subsection 4 of this section.
737.    As used in this section, the terms "intellectual
74 disability" or "intellectually disabled" refer to a
75 condition involving substantial limitations in general
76 functioning characterized by significantly subaverage
77 intellectual functioning with continual extensive related
78 deficits and limitations in two or more adaptive behaviors
79 such as communication, self-care, home living, social
80 skills, community use, self-direction, health and safety,
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81 functional academics, or leisure and work, which conditions
82 are manifested and documented before eighteen years of age.
838.   The provisions of this section shall only govern
84 offenses committed on or after August 28, 2026.
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