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SECOND REGULAR SESSION
SENATE BILL NO. 1102
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5401S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 561.021, 561.026, and 571.070, RSMo, and to enact in lieu thereof four new
sections relating to the restoration of the civil right to ship, transport, possess, or receive
a firearm, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 561.021, 561.026, and 571.070, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 561.021, 561.026, 571.070, and 571.074, to 3
read as follows:4
561.021. 1. A person holding any public office, 1
elective or appointive, under the government of this state 2
or any agency or political subdivision thereof, who is 3
convicted of an offense shall, upon sentencing, forfeit such 4
office if: 5
(1) He or she is convicted under the laws of this 6
state of a felony or under the laws of another jurisdiction 7
of an offense which, if committed within this state, would 8
be a felony, or he or she pleads guilty or nolo contendere 9
of such an offense; or 10
(2) He or she is convicted of or pleads guilty or nolo 11
contendere to an offense involving misconduct in office, or 12
dishonesty; or 13
(3) The Constitution or a statute other than the code 14
so provides. 15
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2. Except as provided in subsection 3 of this section, 16
a person who pleads guilty or nolo contendere or is 17
convicted under the laws of this state of a felony or under 18
the laws of another jurisdiction of an offense which, if 19
committed within this state, would be a felony, shall be 20
ineligible to hold any public office, elective or 21
appointive, under the government of this state or any agency 22
or political subdivision thereof, until the completion of 23
his or her sentence or period of probation. 24
3. Except as provided in subsection 4 of this section, 25
a person who pleads guilty or nolo contendere or is 26
convicted under the laws of this state or under the laws of 27
another jurisdiction of a felony connected with the exercise 28
of the right of suffrage shall be forever disqualified from 29
holding any public office, elective or appointive, under the 30
government of this state or any agency or political 31
subdivision thereof. 32
4. The provisions of subsection 3 of this section 33
shall not apply to any person who has had his or her civil 34
rights restored under section 571.074. 35
561.026. 1. Notwithstanding any other provision of 1
law except for section 610.140 and except as provided in 2
subsection 2 of this section, a person who is convicted: 3
(1) Of any offense shall be disqualified from 4
registering and voting in any election under the laws of 5
this state while confined under a sentence of imprisonment; 6
(2) Of a felony or misdemeanor connected with the 7
exercise of the right of suffrage shall be forever 8
disqualified from registering and voting; 9
(3) Of any felony shall be forever disqualified from 10
serving as a juror. 11
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2. The provisions of subdivision (2) of subsection 1 12
of this section shall not apply to any person who has had 13
his or her civil rights restored under section 571.074. 14
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession and: 3
(1) Such person has been convicted of a felony under 4
the laws of this state, or of a crime under the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; or 7
(2) Such person is a fugitive from justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally incompetent. 10
2. Unlawful possession of a firearm is a class C 11
felony, unless a person has been convicted of a dangerous 12
felony as defined in section 556.061, or the person has a 13
prior conviction for unlawful possession of a firearm in 14
which case it is a class B felony. 15
3. The provisions of subdivision (1) of subsection 1 16
of this section shall not apply to: 17
(1) Any person who has had his or her civil right to 18
ship, transport, possess, or receive a firearm restored 19
under section 571.074 after each crime that would otherwise 20
have been the basis for a violation of subdivision (1) of 21
subsection 1 of this section; or 22
(2) The possession of an antique firearm. 23
571.074. 1. Except as provided in subsection 2 of 1
this section, any person who has been deprived of his or her 2
civil right to ship, transport, possess, or receive a 3
firearm because of a conviction for a felony under the laws 4
of this state or of a crime under the laws of any state or 5
of the United States which, if committed within this state, 6
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would be a felony shall have his or her civil right to ship, 7
transport, possess, or receive a firearm automatically 8
restored upon such person's discharge from confinement, 9
probation, or parole, whichever occurs later. 10
2. The provisions of subsection 1 of this section 11
shall not apply to: 12
(1) Any person who has been convicted of an offense 13
which requires registration as a sex offender unless such 14
person has been removed from the sex offender registry or 15
exempted from having to register as a sex offender; 16
(2) Any person convicted of any offense listed in 17
subsection 1 of section 566.147; or 18
(3) Any person who has been convicted of a violent 19
felony as defined in subsection 3 of this section. 20
3. As used in this section, the term "violent felony" 21
shall mean a felony conviction of any of the following 22
offenses: 23
(1) Violating an ex parte order of protection or a 24
full order of protection under section 455.085; 25
(2) Violating an ex parte order of protection for a 26
child or a full order of protection for a child under 27
section 455.538; 28
(3) Murder in the first degree under section 565.020; 29
(4) Murder in the second degree under section 565.021; 30
(5) Voluntary manslaughter under section 565.023; 31
(6) Involuntary manslaughter in the first and second 32
degrees under section 565.024; 33
(7) Assault in the first degree under section 565.050; 34
(8) Assault in the second degree under section 565.052; 35
(9) Unlawful endangerment of another under section 36
565.065 as it existed prior to December 31, 2016, and 37
creating a danger under section 579.070; 38
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(10) Assault in the third degree under section 565.054; 39
(11) Domestic assault in the first degree under 40
section 565.072; 41
(12) Domestic assault in the second degree under 42
section 565.073; 43
(13) Domestic assault in the third degree under 44
section 565.074; 45
(14) Assault while on school property under section 46
565.075 as it existed prior to December 31, 2016; 47
(15) Assault of a law enforcement officer, corrections 48
officer, emergency personnel, highway worker in a 49
construction zone or work zone, utility worker, cable 50
worker, or probation and parole officer in the first degree 51
under section 565.081 as it existed prior to December 31, 52
2016; 53
(16) Assault of a law enforcement officer, corrections 54
officer, emergency personnel, highway worker in a 55
construction zone or work zone, utility worker, cable 56
worker, or probation and parole officer in the second degree 57
under section 565.082 as it existed prior to December 31, 58
2016; 59
(17) Assault when the victim is a special victim as 60
defined in section 565.002; 61
(18) Tampering with a judicial officer under section 62
575.095; 63
(19) Endangering a corrections employee, a visitor to 64
a correctional facility, or another offender or prisoner 65
under section 575.155; 66
(20) Endangering a department of mental health 67
employee, a visitor or other person at a secure facility, or 68
another offender under section 575.157; 69
(21) Harassment under section 565.090; 70
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(22) Cross burning under section 574.140; 71
(23) Kidnapping under section 565.110 as it existed 72
prior to December 31, 2016, and kidnapping in the first 73
degree under section 565.110; 74
(24) Child kidnapping under section 565.115; 75
(25) Felonious restraint under section 565.120 as it 76
existed prior to December 31, 2016, and kidnapping in the 77
second degree under section 565.120; 78
(26) False imprisonment under section 565.130 as it 79
existed prior to December 31, 2016, and kidnapping in the 80
third degree under section 565.130; 81
(27) Interference with custody under section 565.150; 82
(28) Parental kidnapping under section 565.153; 83
(29) Child abduction under section 565.156; 84
(30) Elder abuse in the first degree under section 85
565.180 as it existed prior to December 31, 2016; 86
(31) Elder abuse in the second degree under section 87
565.182 as it existed prior to December 31, 2016; 88
(32) An owner or employee of a skilled nursing 89
facility or an Alzheimer's special unit or program having 90
sexual intercourse or deviate sexual intercourse with a 91
resident under section 565.200; 92
(33) Vulnerable person abuse in the first degree under 93
section 565.210 as it existed prior to December 31, 2016; 94
(34) Vulnerable person abuse in the second degree 95
under section 565.212 as it existed prior to December 31, 96
2016; 97
(35) Stalking and aggravated stalking under section 98
565.225 as it existed prior to December 31, 2016, and 99
stalking in the first degree under section 565.225; 100
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(36) Invasion of privacy in the first degree under 101
section 565.252 as it existed prior to December 31, 2016, 102
and invasion of privacy under section 565.252; 103
(37) Invasion of privacy in the second degree under 104
section 565.253 as it existed prior to December 31, 2016; 105
(38) Infanticide under section 565.300; 106
(39) Tampering with a prescription or a prescription 107
drug order under section 579.090; 108
(40) Forcible rape under section 566.030 as it existed 109
prior to August 28, 2013, and rape in the first degree under 110
section 566.030; 111
(41) Statutory sodomy or attempted statutory sodomy in 112
the first degree under section 566.032; 113
(42) Forcible sodomy under section 566.060 as it 114
existed prior to August 28, 2013, and sodomy in the first 115
degree under section 566.060; 116
(43) Statutory sodomy or attempted statutory sodomy in 117
the first degree under section 566.062; 118
(44) Child molestation in the first degree under 119
section 566.067; 120
(45) Child molestation in the second degree under 121
section 566.068; 122
(46) Sexual misconduct involving a child under section 123
566.083; 124
(47) Sexual abuse under section 566.100 as it existed 125
prior to August 28, 2013, and sexual abuse in the first 126
degree under section 566.100; 127
(48) Sexual abuse in the second degree under section 128
566.101; 129
(49) Sexual contact with a prisoner or offender under 130
section 566.145; 131
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(50) Abusing an individual through forced labor under 132
section 566.203; 133
(51) Trafficking under section 566.206; 134
(52) Trafficking under section 566.209; 135
(53) Sexual trafficking of a child under section 136
566.211; 137
(54) Sexual trafficking of a child under section 138
566.210; 139
(55) Contributing to human trafficking under section 140
566.215; 141
(56) Promoting prostitution in the first degree under 142
section 567.050; 143
(57) Promoting prostitution in the second degree under 144
section 567.060; 145
(58) Incest under section 568.020; 146
(59) Endangering the welfare of a child in the first 147
degree under section 568.045; 148
(60) Endangering the welfare of a child in the second 149
degree under section 568.050; 150
(61) Abuse or neglect of a child under section 568.060; 151
(62) Genital mutilation under section 568.065; 152
(63) Use of a child in a sexual performance under 153
section 573.200; 154
(64) Trafficking in children under section 568.175; 155
(65) Robbery in the first degree under section 570.023; 156
(66) Pharmacy robbery in the first degree under 157
section 569.025 until December 31, 2016; 158
(67) Robbery in the second degree under section 159
570.025; 160
(68) Pharmacy robbery in the second degree under 161
section 569.035 until December 31, 2016; 162
(69) Arson in the first degree under section 569.040; 163
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(70) Arson in the second degree under section 569.050; 164
(71) Knowingly burning or exploding under section 165
569.055; 166
(72) Causing a catastrophe under section 574.080; 167
(73) Water contamination under section 577.078; 168
(74) Property damage in the first degree under section 169
569.100; 170
(75) Burglary in the first degree under section 171
569.160; 172
(76) Burglary in the second degree under section 173
569.170; 174
(77) Stealing under section 570.030 when the actor 175
physically takes the property from the person of the victim; 176
(78) Receiving stolen property under section 570.080 177
when the property has been physically taken from the person 178
of the victim until December 31, 2016; 179
(79) Financial exploitation of an elderly or disabled 180
person under section 570.145 when the exploitation is by 181
intimidation or force; 182
(80) Disrupting a house of worship under section 183
574.035; 184
(81) Promoting civil disorder in the first degree 185
under section 574.070; 186
(82) Making a terrorist threat under section 574.115; 187
(83) Hindering prosecution under section 575.030 when 188
it is by means of force or intimidation; 189
(84) Resisting or interfering with arrest, detention, 190
or stop under section 575.150; 191
(85) Disarming a peace officer or correctional officer 192
under section 575.153; 193
(86) Escape from commitment under section 575.195; 194
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(87) Escape or attempted escape from confinement under 195
section 575.210; 196
(88) Aiding escape of a prisoner under section 575.230; 197
(89) Tampering with a judicial proceeding under 198
section 575.260; 199
(90) Tampering with a witness or victim tampering 200
under section 575.270; 201
(91) Killing or disabling a police animal under 202
section 575.350 as it existed prior to December 31, 2016, 203
and assault on a law enforcement animal under section 204
575.353; 205
(92) Treason under section 576.070; 206
(93) Agroterrorism under section 574.130; 207
(94) Animal abuse under section 578.012; 208
(95) Bus hijacking under section 577.703; 209
(96) Bombing or planting or placing any bomb or other 210
explosive material or thing in, upon, or near any terminal 211
or bus under section 577.706; and 212
(97) Hazing under section 578.365. 213
4. Any person who has been convicted of a violent 214
felony as defined in subsection 3 of this section and who 215
has been deprived of his or her civil right to ship, 216
transport, possess, or receive a firearm as a result of such 217
conviction may file a petition in the circuit court of the 218
county in which he or she was convicted or in the county in 219
which he or she resides to restore such person's civil right 220
to ship, transport, possess, or receive a firearm. The 221
court may grant the relief sought if the person shows good 222
cause to do so, the person has been discharged from 223
confinement, probation, or parole, whichever occurred later, 224
the conviction occurred three or more years before the 225
filing of the petition, and the person has not been 226
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convicted at any other time for a felony under the laws of 227
this state or of a crime under the laws of any state or of 228
the United States which, if committed within this state, 229
would be a felony. If the petition is denied, the person 230
shall not file another petition until three years have 231
elapsed without the permission of the court. If the 232
petition is granted, the petitioner's civil right to ship, 233
transport, possess, or receive a firearm shall be restored 234
and the court's order shall so provide. 235
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