Section 546.740

Title XXXVII CRIMINAL PROCEDURE

Chapter 546

Effective - 28 Aug 1995 

  546.740.  Execution, witnesses. — The chief administrative officer of the correctional center, or his duly appointed representative shall be present at the execution and the director of the department of corrections shall invite the presence of the attorney general of the state, and at least eight reputable citizens, to be selected by him; and he shall at the request of the defendant, permit such clergy or religious leaders, not exceeding two, as the defendant may name, and any person, other than another incarcerated offender, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution; but no person under twenty-one years of age shall be allowed to witness the execution.

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(RSMo 1939 § 4114, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

Prior revisions: 1929 § 3724; 1919 § 4068; 1909 § 5274

(2014) Specific duties imposed under section prevail over general statutory discretion granted by subsection 6 of section 217.025; warden therefore lacked discretion to deny defendant's request to have non-incarcerated defendant present at his execution.  State ex rel. Taylor v. Russell, 449 S.W.3d 380 (Mo.banc).