561.016. Basis of disqualification or disability. — 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.
Notes of Decisions
Chandler v. Allen, 108 S.W.3d 756 (Mo. Ct. App. 2003).
· cites it 24× “Allen’s request that his employment in the Broadway State Office Building be terminated violated section 561.016, RSMo 2000, and his prior conduct was not a basis for the safety concerns of others within the building.”
Mager v. City of St. Louis, 699 S.W.2d 68 (Mo. Ct. App. 1985).
· cites it 11× “190 is void and unenforceable because it is in conflict with § 561.016 RSMo.1978 and Mo. Const, art. I, § 2.”
Hardy v. City of Berkeley, 936 S.W.2d 879 (Mo. Ct. App. 1997).
· cites it 7× “This, plaintiff alleged, brought the provisions of Section 561.016 into play which precludes him from being legally disqualified as a result of being a convicted felon.”
Davis v. Kempker, 167 S.W.3d 721 (Mo. Ct. App. 2005).
· cites it 2× “He asserts that the classification revisions impose an increased punishment, making them collateral consequences of his conviction more severe than at the time of the commission of the crimes and the time of his conviction, pursuant to § 561.”
United States v. Presley, 667 F. Supp. 678 (W.D. Mo. 1987).
· cites it 3× “Section 561.016, RSMo. A Missouri court has recently stated that the effect of the statute is to abrogate older principles under which there was a general suspension of a convict’s “civil rights.”
In Re Marriage of Burnside, 777 S.W.2d 660 (Mo. Ct. App. 1989).
“1976), and when the present Criminal Code was adopted in 1977, it was replaced by present § 561.016. While former § 222.010 was in effect, it was construed to prevent a convict from contracting a valid marriage.”
Foxworth v. Foxworth, 732 S.W.2d 931 (Mo. Ct. App. 1987).
· cites it 13× “Two years earlier, on January 1, 1979, § 561.016, RSMo 1978, took effect. It was part of The Criminal Code, S.”
Magruder v. Petre, 690 S.W.2d 830 (Mo. Ct. App. 1985).
“Sections 561.016, .021 and .026 thereof include a comprehensive scheme providing for various disqualifications, ineligibilities, disabilities and disenfranchisements resulting from criminal convictions.”
Jones v. Bd. of Police Commissioners, 896 S.W.2d 655 (Mo. Ct. App. 1995).
· cites it 2× “Jones contends that, under § 561.016 RSMo 1994, the Board was required to consider his application for a commission, even though he had several pri- or convictions of serious felonies.”
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