Missouri 2026 Regular Session Status: In Committee

SB 1391 — Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

Last action — Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced December 01, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

SB 1391 - This act modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death. Current law provides that when a motion to set aside a sentence of death is filed, the court shall find on the record whether the movant is indigent and if so, the court shall appoint two counsel. This act instead provides that when a circuit court imposes a judgment and sentence of death, the circuit court shall find on the record whether the defendant is indigent. If finding so, the court shall appoint two counsel for the preparation and litigation of a defendant's motion under Rules of the Supreme Court of Missouri. Furthermore, if the court finds that the defendant is not indigent, the court may enter an order denying the appointment of counsel. Additionally, this act adds three years of litigation experience in the field of postconviction law and five years as a member of the Missouri Bar to the qualifications of one of the counsel. The court may also appoint other counsel whose background, knowledge, or experience would otherwise be proper representation of the defendant for postconviction relief. Finally, the state shall comply with any additional requirements of federal law and regulation relating to appointment of counsel for capital sentences and certification by the United States Attorney General. This act is identical to SB 741 (2025), and to a provision contained in HCS/HB 2254 and is similar to HB 1169 (2025). TRISTAN BENSON, JR.

Bill Text

Action History

  1. Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee

  2. Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee

  3. Hearing Cancelled S Judiciary and Civil and Criminal Jurisprudence Committee

  4. Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

  5. S First Read

  6. Prefiled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 198 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (198)

198 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 1391 do?
SB 1391 - This act modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death. Current law provides that when a motion to set aside a sentence of death is filed, the court shall find on the record whether the movant is indigent and if so, the court shall appoint two counsel. This act instead provides that when a circuit court imposes a judgment and sentence of death, the circuit court shall find on the record whether the defendant is indigent. If finding so, the court shall appoint two counsel for the preparation and litigation of a defendant's motion under Rules of the Supreme Court of Missouri. Furthermore, if the court finds that the defendant is not indigent, the court may enter an order denying the appointment of counsel. Additionally, this act adds three years of litigation experience in the field of postconviction law and five years as a member of the Missouri Bar to the qualifications of one of the counsel. The court may also appoint other counsel whose background, knowledge, or experience would otherwise be proper representation of the defendant for postconviction relief. Finally, the state shall comply with any additional requirements of federal law and regulation relating to appointment of counsel for capital sentences and certification by the United States Attorney General. This act is identical to SB 741 (2025), and to a provision contained in HCS/HB 2254 and is similar to HB 1169 (2025). TRISTAN BENSON, JR.
Who sponsors SB 1391?
SB 1391 is sponsored by Nick Schroer.
What is the current status of SB 1391?
This bill is in committee in the Senate. Introduced December 01, 2025. It must pass committee before a floor vote.
Where can I track SB 1391?
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Last checked for changes 2 months ago · updated continuously

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