1. The Missouri office of prosecution services may establish a conviction review unit to investigate claims of actual innocence of any defendant including those who plead guilty.
2. The Missouri office of prosecution services shall have the power to promulgate rules and regulations to receive and investigate claims of actual innocence.
3. The Missouri office of prosecution services shall create an application process that at a minimum shall include that:
(1)Any application for review of a claim of actual innocence shall not have any excessive fees and fees shall be waived in cases of indigence;
(2)No application shall be accepted if there is any pending motion, writ, appeal, or other matter pending regarding the defendant's conviction, except for any motion to vacate or set asid
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1. The Missouri office of prosecution services may establish a conviction review unit to investigate claims of actual innocence of any defendant including those who plead guilty.
2. The Missouri office of prosecution services shall have the power to promulgate rules and regulations to receive and investigate claims of actual innocence.
3. The Missouri office of prosecution services shall create an application process that at a minimum shall include that:
(1) Any application for review of a claim of actual innocence shall not have any excessive fees and fees shall be waived in cases of indigence;
(2) No application shall be accepted if there is any pending motion, writ, appeal, or other matter pending regarding the defendant's conviction, except for any motion to vacate or set aside the judgment pursuant to section 547.031 . Any application filed shall be considered a pleading under the Missouri rules of civil procedure and all attorneys shall comply with supreme court rule 55.03 when signing the application and the application shall be sworn and signed under penalty of perjury by the applicant. Any witness statements attached shall be sworn and signed under penalty of perjury; and
(3) Any review and investigation shall be based on newly discovered and reliable evidence of actual innocence not presented at a trial. Such newly discovered and reliable evidence shall establish by clear and convincing evidence the actual innocence of the defendant.
4. The conviction review unit shall consist of two attorneys, hired by the executive director of the Missouri office of prosecution services, who have extensive experience prosecuting and defending criminal matters, an investigator, a paralegal, and such administrative staff as is needed to efficiently and effectively process all applications and claims. The executive director of the Missouri office of prosecution services shall coordinate the activities and budget of the conviction review unit and act as an ex officio member of the unit.
5. Once the review is complete, the conviction review unit shall present its findings and recommendations to:
(1) The office of the prosecuting attorney or circuit attorney who prosecuted the defendant's case; the attorney general's office if it prosecuted the case, or the special prosecutor who prosecuted the case; or
(2) If the review was requested by a prosecuting attorney's office, the circuit attorney's office, attorney general, or special prosecutor, the findings and recommendation shall be presented to the office which requested the review.
6. The circuit attorney, prosecuting attorney of any county, special prosecutor, attorney general's office if it prosecuted the case, Missouri office of prosecution services, or other prosecutor who prosecuted the case is not required to accept or follow the findings and recommendations of the conviction review unit.
7. (1) The application, investigation, reports, interviews, findings, and recommendations, and any documents, written, electronic or otherwise, received or generated by the conviction review unit are closed records.
(2) The conviction review unit's findings and recommendations submitted to the prosecuting attorney, circuit attorney, the attorney general's office if it prosecuted the case, or the special prosecutor who prosecuted the case shall become open records after the receiving entity of the submission makes a decision not to pursue a motion under section 547.031 or, if such a motion is filed, after the finality of all proceedings under section 547.031 , including appeals authorized therein.
8. Nothing in this section shall be construed to prevent a prosecuting attorney or circuit attorney from filing a motion under section 547.031 before the review under this section is complete.