565.040. Death penalty, if held unconstitutional, resentencing procedure. - Missouri Statutes

Death penalty, if held unconstitutional, resentencing procedure.

565.040. 1. In the event that the death penalty provided in thischapter is held to be unconstitutional, any person convicted of murder in thefirst degree shall be sentenced by the court to life imprisonment withouteligibility for probation, parole, or release except by act of the governor,with the exception that when a specific aggravating circumstance found in acase is held to be unconstitutional or invalid for another reason, the supremecourt of Missouri is further authorized to remand the case for resentencing orretrial of the punishment pursuant to subsection 5 of section 565.036.

2. In the event that any death sentence imposed pursuant to this chapteris held to be unconstitutional, the trial court which previously sentenced thedefendant to death shall cause the defendant to be brought before the courtand shall sentence the defendant to life imprisonment without eligibility forprobation, parole, or release except by act of the governor, with theexception that when a specific aggravating circumstance found in a case isheld to be inapplicable, unconstitutional or invalid for another reason, thesupreme court of Missouri is further authorized to remand the case for retrialof the punishment pursuant to subsection 5 of section 565.035.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-1-84