Missouri legislation · 2026 Regular Session
Missouri HB2915: Establishes provisions relating to freestanding claims of actual innocence
Status: In committee, May 15, 2026
What the bill says
To amend chapter 547, RSMo, by adding thereto one new section relating to claims of actual innocence. Section A. Chapter 547, RSMo, is amended by adding thereto one new section, to be known as section 547.033, to read as follows: 547.033. Any person in the custody of, or under the supervision of, the department of corrections may raise a claim of actual innocence in a postconviction action or proceeding challenging the validity of the original judgment or sentence. The court shall have the authority to review, decide, and issue an order on such a claim if the court finds that there is clear an.
From the introduced text:
To amend chapter 547, RSMo, by adding thereto one new section relating to claims of actual innocence. Section A. Chapter 547, RSMo, is amended by adding thereto one new section, to be known as section 547.033, to read as follows: 547.033. Any person in the custody of, or under the supervision of, the department of corrections may raise a claim of actual innocence in a postconviction action or proceeding challenging the validity of the original judgment or sentence. The court shall have the authority to review, decide, and issue an order on such a claim if the court finds that there is clear and convincing evidence supporting the claim of actual innocence and that such evidence undermines confidence in the correctness of the judgment. In considering a claim of actual innocence, the court shall evaluate all relevant evidence including, but not limited to, evidence not presented to the original trier of fact at trial, during plea hearings, or at other proceedings. A claim of actual innocence may be supported by newly discovered or newly available evidence. The court may dismiss the claim without a hearing if the court determines that the petitioner has failed to make a prima facie showing of actual innocence. If the court determines, based on the totality of the evidence, that the burden of proof has …
Sponsors
- Collins, Kimberly-Ann (D, 077) · primary sponsor