Bill would limit judges in death penalty cases

JEFFERSON CITY, Mo. -- Missouri judges would face new restrictions when imposing death sentences if jurors can't agree, under a bill approved by the Senate Monday.

The bill sponsored by Sen. David Klarich, R-Clayton, would let a judge to impose a death sentence if at least 9 of 12 jurors agree on death.

But if there are eight jurors in favor, a judge must sentence a person to life in prison without parole. Missouri law now leaves the choice of execution or life imprisonment up to the judge when a jury that has convicted someone of first-degree murder cannot agree on a sentence.

The legislation, approved on a 29-3 vote, heads back to the House for further debate. More than a dozen Senate amendments were added to the bill, which deal with court procedures and administration.

"It takes away the power and discretion from the judge but it's only minimal. It's a compromise," Klarich said. "What this does is allow 25 percent of the jury to express their opinion that the death penalty should not be an option in a particular case."

Klarich said that if a quarter of a jury is in question in a death penalty case, "then you have a problem."