Chapter 561 Collateral Consequences of Conviction

561.016 - Basis of disqualification or disability.

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1.No person shall suffer any legal disqualification or disability because of a finding of guilt or conviction of an offense or the sentence on his conviction, unless the disqualification or disability involves the deprivation of a right or privilege which is:

(1)Necessarily incident to execution of the sentence of the court; or

(2)Provided by the Constitution or the code; or

(3)Provided by a statute other than the code, when the conviction is of an offense defined by such statute; or

(4)Provided by the judgment, order or regulation of a court, agency or official exercising a jurisdiction conferred by law, or by the statute defining such jurisdiction, when the commission of the offense or the conviction or the sentence is reasonably related to the competency of the individual to exercise the right or privilege of which he or she is deprived.

2.Proof of a conviction as relevant evidence upon the trial or determination of any issue, or for the purpose of impeaching the convicted person as a witness, is not a disqualification or disability within the meaning of this chapter.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

561.026 - Disqualification from voting and jury service.

Notwithstanding any other provision of law except for section 610.140, a person who is convicted:

(1)Of any offense shall be disqualified from registering and voting in any election under the laws of this state while confined under a sentence of imprisonment;

(2)Of a felony or misdemeanor connected with the exercise of the right of suffrage shall be forever disqualified from registering and voting;

(3)Of any felony shall be forever disqualified from serving as a juror.

(L. 1977 S.B. 60, A.L. 1982 H.B. 1600, A.L. 2012 H.B. 1647, A.L. 2014 S.B. 491)

Effective 1-01-17

(1987) This disqualification together with others in Missouri law means that Missouri has not substantially preserved or restored the civil rights of former felons for the purpose of permitting possession of a firearm by the felon pursuant to federal law. United States v. Presley, 667 F.Supp. 678 (W.D. Mo.).

561.031 - Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when — requirements.

1.In the following proceedings, the provisions of section 544.250, 544.270, 544.275, 546.030, or of any other statute, or the provisions of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01, 29.07, 31.02, 31.03, 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58, 37.59, and 37.64 to the contrary notwithstanding, when the physical appearance in person in court is required of any person, such personal appearance may be made by means of two-way audio-visual communication, including but not limited to closed circuit television or computerized video conferencing; provided that such audio-visual communication facilities provide two-way audio-visual communication between the court and the person:

(1)First appearance before an associate circuit judge on a criminal complaint;

(2)Waiver of preliminary hearing and preliminary hearing with consent of the defendant;

(3)Arraignment on an information or indictment where a plea of not guilty is entered;

(4)Arraignment on an information or indictment where a plea of guilty is entered upon waiver of any right such person might have to be physically present;

(5)Any pretrial or posttrial criminal proceeding not allowing the cross-examination of witnesses;

(6)Sentencing after conviction at trial upon waiver of any right such person might have to be physically present;

(7)Sentencing after entry of a plea of guilty;

(8)Any civil proceeding other than trial by jury;

(9)Any civil or criminal proceeding which is not required to be a matter of record; and

(10)Any civil or criminal proceeding by the consent of the parties.

2.This section shall not prohibit other appearances via closed circuit television upon waiver of any right such person held in custody or confinement might have to be physically present.

3.Nothing contained in this section shall be construed as establishing a right for any person held in custody to appear on television or as requiring that any governmental entity or place of custody or confinement provide a two-way audio-visual communication system.

(L. 1988 H.B. 1344 § 1, A.L. 1990 H.B. 974 merged with S.B. 558, A.L. 1999 H.B. 257, A.L. 2009 H.B. 62 merged with H.B. 481)

561.021 - Forfeiture of public office — disqualification.

1.A person holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, who is convicted of an offense shall, upon sentencing, forfeit such office if:

(1)He or she is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, or he or she pleads guilty or nolo contendere of such an offense; or

(2)He or she is convicted of or pleads guilty or nolo contendere to an offense involving misconduct in office, or dishonesty; or

(3)The Constitution or a statute other than the code so provides.

2.Except as provided in subsection 3 of this section, a person who pleads guilty or nolo contendere or is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, shall be ineligible to hold any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, until the completion of his or her sentence or period of probation.

3.A person who pleads guilty or nolo contendere or is convicted under the laws of this state or under the laws of another jurisdiction of a felony connected with the exercise of the right of suffrage shall be forever disqualified from holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof.