MODEL PENAL CODE
Section 306.1. Basis of Disqualification or Disability.
(1) No person shall suffer any legal disqualification or disability because of his conviction of a crime or his sentence on such conviction, unless the disqualification or disability involves the deprivation of a right or privilege which is:
(a) necessarily incident to execution of the sentence of the Court; or
(b) provided by the Constitution or the Code; or
(c) provided by a statute other than the Code, when the conviction is of a crime defined by such statute; or
(d) 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 crime or the conviction or the sentence is reasonably related to the competency of the individual to exercise the right or privilege of which he 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 Article.
Section 306.2. Forfeiture of Public Office.
A person holding any public office who is convicted of a crime shall forfeit such office if:
(1) he is convicted under the laws of this State of a felony or under the laws of another jurisdiction of a crime which, if committed within this State, would be a felony; or
(2) he is convicted of a crime involving malfeasance in such office, or dishonesty; or
(3) the Constitution or a statute other than the Code so provides.
Section 306.3. Voting and Jury Service.
Notwithstanding any other provision of law, a person who is convicted of a crime shall be disqualified
(1) from voting in a primary or election if and only so long as he is committed under a sentence of imprisonment; and
(2) from serving as a juror until he has satisfied his sentence.
Section 306.4. Testimonial Capacity; Testimony of Prisoners.
(1) Notwithstanding any other provision of law, the fact that a person has been convicted of a crime or that he is under sentence therefor, whether of imprisonment or otherwise, does not render him incompetent to testify in a legal proceeding.
(2) Upon the order of the ________ Court, the Warden or other administrative head of an institution in which a prisoner is confined shall arrange for the production of the prisoner to testify at the place designated in the order. Such order shall be issued whenever the Court is satisfied that the testimony of the prisoner is required in a judicial or administrative proceeding and that the ends of justice can not be satisfied by taking his deposition at the institution where he is confined.
(3) Subject to regulations of the Department of Correction as to institutions subject to its jurisdiction, the Warden or other administrative head of an institution in which a prisoner is confined may, in his discretion, permit the prisoner to leave the institution, either alone or in the custody of an officer, for the purpose of testifying in a legal proceeding in which he is a party or has been called as a witness. In granting such permission, the Warden or administrative head may require that the prisoner or party calling him to testify defray the reasonable costs of providing for his custody while absent from the institution.
(4) Subject to regulations of the Department of Correction as
to institutions subject to its jurisdiction, the Warden or other administrative
head of an institution in which a prisoner is confined shall permit the
prisoner to give testimony by deposition or in response to interrogatories,
when such testimony is desired in a legal proceeding, and shall make suitable
arrangements to facilitate the taking of such deposition in the institution.
Section 306.5. Appointment of Agent, Attorney-in-Fact or Trustee for Prisoner.
(1) A person confined under a sentence of imprisonment shall have the same right to appoint an agent, attorney-in-fact or trustee to act in his behalf with respect to his property or economic interests as if he were not so confined.
(2) Upon the application of a person confined or about to be confined
under a sentence of imprisonment, the ________ Court [insert appropriate
court of record] of the county where the prisoner resided at the time of
sentence or where the sentence was imposed may appoint a trustee to safeguard
his property and economic interests during the period of his commitment.
The trustee shall have such power and authority as the Court designates
in the order of appointment but, unless the order otherwise provides, shall
have all the power and authority conferred by a general power of attorney.
Section 306.6. Order Removing Disqualifications or Disabilities; Vacation of Conviction; Effect of Order of Removal or Vacation.
(1) In the cases specified in this Subsection the Court may order that so long as the defendant is not convicted of another crime, the judgment shall not thereafter constitute a conviction for the purpose of any disqualification or disability imposed by law because of the conviction of a crime:
(a) in sentencing a young adult offender to the special term provided by Section 6.05(2) or to any sentence other than one of imprisonment; or
(b) when the Court has theretofore suspended sentence or has sentenced the defendant to be placed on probation and the defendant has fully complied with the requirements imposed as a condition of such order and has satisfied the sentence; or
(c) when the Court has theretofore sentenced the defendant to imprisonment and the defendant has been released on parole, has fully complied with the conditions of parole and has been discharged; or
(d) when the Court has theretofore sentenced the defendant, the defendant has fully satisfied the sentence and has since led a law-abiding life for at least [two] years.
(2) In the cases specified in this Subsection, the Court which sentenced a defendant may enter an order vacating the judgment of conviction:
(a) when an offender [a young adult offender] has been discharged from probation or parole before the expiration of the maximum term thereof [; or
(b) when a defendant has fully satisfied the sentence and has since led a law-abiding life for at least [five] years].
(3) An order entered under Subsection (1) or (2) of this Section:
(a) has only prospective operation and does not require the restoration of the defendant to any office, employment or position forfeited or lost in accordance with this Article; and
(b) does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant to the determination of an issue involving the rights or liabilities of someone other than the defendant; and
(c) does not preclude consideration of the conviction for purposes of sentence if the defendant subsequently is convicted of another crime; and
(d) does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant to the exercise of the discretion of a court, agency or official authorized to pass upon the competency of the defendant to perform a function or to exercise a right or privilege which such court, agency or official is empowered to deny, except that in such case the court, agency or official shall also give due weight to the issuance of the order; and
(e) does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant for the purpose of impeaching the defendant as a witness, except that the issuance of the order may be adduced for the purpose of his rehabilitation; and
(f) does not justify a defendant in stating that he has not been
convicted of a crime, unless he also calls attention to the order.