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Missouri requires two qualified attorneys for indigent defendants facing the death penalty in postconviction relief

Original title: POSTCONVICTION RELIEF

Last action · April 21, 2026: Reported Do Pass (H)Sponsor: Barry Hovis

Introduced
Committee
Floor Vote
Passed
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What This Bill Would Do

Missouri HB 2254 mandates that circuit courts immediately appoint two qualified lawyers to represent defendants sentenced to death during postconviction proceedings. The state public defender will provide reasonable compensation and litigation expenses for the appointed counsel, and newly codified rules set specific experience and training requirements for at least one of the appointed attorneys.

Why it matters

individuals sentenced to death receive state-funded legal representation with strict qualifications for postconviction hearings, while the state public defender is required to cover all associated compensation and litigation expenses.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

indigent defendants

Indigent defendants sentenced to death receive the mandatory appointment of two qualified attorneys to handle postconviction relief motions.

Directly affected

state public defender

The state public defender must provide reasonable compensation and litigation expenses for all attorneys appointed under this measure.

Directly affected

appointed counsel

Attorneys appointed to these cases must meet strict experiential and training thresholds and must certify their qualifications to the state public defender.

Key Facts

  • Circuit courts must find on the record whether a defendant is indigent at the time a death sentence and judgment are imposed.
  • If the defendant is indigent, the court must appoint two counsel without delay to represent the defendant in postconviction motions under Missouri supreme court rule 24.035 or 29.15.
  • A defendant may only reject the appointment of counsel if the court finds on the record, after a hearing, that the defendant is competent to make that decision with an understanding of its legal consequences.
  • At least one appointed attorney must have completed at least twelve hours of training on postconviction phases and death penalty cases within the preceding two years.
Show all 8 facts
  • At least one appointed attorney must have three years of criminal law litigation experience, three years of postconviction law experience, and have participated in at least five class A felony postconviction motions to final judgment.
  • Appointed counsel must not have represented the defendant at trial or on direct appeal.
  • The state public defender must provide reasonable compensation and necessary litigation expenses for appointed counsel.
  • The state must comply with federal requirements under 28 U.S.C Sections 2261 and 2265 and 28 CFR Section 26.22.

Frequently Asked Questions

Who qualifies to serve as appointed counsel for a death row inmate's postconviction relief?
At least one appointed attorney must be a member of The Missouri Bar or admitted under rule 9, have completed 12 hours of specialized training within the past two years, possess 3 years of criminal and 3 years of postconviction litigation experience, have participated in at least 5 class A felony postconviction motions to final judgment, and meet additional felony trial or appeal requirements.
Can a defendant choose to reject appointed counsel?
A defendant may reject counsel only if the court holds a hearing and finds on the record that the defendant is fully competent to make that choice and understands its legal consequences.
Who pays for the appointed attorneys?
The state public defender provides reasonable compensation and necessary litigation expenses for all counsel appointed under this section.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

12 actions
  1. Apr 21, 2026HouseCommittee
    Reported Do Pass (H)
  2. Apr 20, 2026HouseCommittee
    Voted Do Pass (H)
  3. Apr 20, 2026House
    Executive Session Completed (H)
  4. Mar 31, 2026HouseCommittee
    Referred: Rules - Legislative(H)
  5. Mar 9, 2026HouseCommittee
    HCS Reported Do Pass (H)
  6. Mar 4, 2026HouseCommittee
    HCS Voted Do Pass (H)
Show 6 earlier actions
  1. Mar 4, 2026House
    Executive Session Completed (H)
  2. Feb 18, 2026House
    Public Hearing Completed (H)
  3. Jan 8, 2026HouseCommittee
    Referred: Judiciary(H)
  4. Jan 8, 2026HouseFloor
    Read Second Time (H)
  5. Jan 7, 2026HouseIntroduced
    Read First Time (H)
  6. Dec 8, 2025HouseIntroduced
    Prefiled (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Codification of Strict Capital Defense Standards

The bill updates existing postconviction appointment guidelines by removing bracketed text and establishing explicit training hour minimums and trial experience counts for counsel.

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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