H.B. No. 0024 |
Voting rights. |
Sponsored By: Representative(s) Zwonitzer,
Dn., Cannady, Connolly, Patton, Throne and Wallis and Senator(s) Case
AN ACT relating to voting
rights; repealing the time period required before restoration of voting rights
to certain convicted felons; making conforming amendment; and providing for an
effective date.
12/13/2010 Bill
Number Assigned
1/11/2011 H
Received for Introduction
1/13/2011 H
Introduced and Referred to H01
1/18/2011 H01
Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Barbuto, Brown, Cannady, Greene, Nicholas, B. and
Throne
Nays:
Representative(s) Brechtel, Krone and Peasley
Ayes 6 Nays 3 Excused
0 Absent 0 Conflicts 0
1/18/2011 H
Placed on General File
HB0024HS001/ADOPTED
Page 1-line 1 Delete "repealing the time
period"; insert "providing for restoration of voting rights to
persons convicted of non-violent felonies as specified;".
Page 1-line 2 Delete entirely.
Page 1-line 3 Delete "convicted felons;".
Page 1-line 8 Delete "(i) and (ii)"
insert "(intro), by creating paragraphs (iv) through (vii) and by creating
subsections (e) through (g)".
Page 1-line 13 After "felonies" delete ";"
insert ".".
Page 1-line 14 Delete entirely.
Page 2-line 2 After "felonies" strike
balance of the line.
Page 2-line 3 Strike "related course of events".
Page 2-line 3 After "may" strike balance
of the line.
Page 2-line 4 Strike entirely.
Page 2-line 5 Strike "person's" insert "have his"; after "6‑10‑106"
strike remainder of the line and insert "restored
if:".
Page 2-lines 6 through 10 Strike entirely.
Page 2-lines 12 through 19 Delete entirely and insert:
(iv) He has completed
the terms of a suspended or deferred sentence imposed by a court;
(v) He was
unconditionally discharged from a correctional facility under the jurisdiction
of the department of corrections or was conditionally discharged from a
correctional facility under the jurisdiction of the department of corrections
and has completed all conditions of probation or parole;
(vi) He was
unconditionally discharged from a correctional facility under the jurisdiction
of a federal corrections agency or was conditionally discharged from a
correctional facility under the jurisdiction of a federal corrections agency
and has completed all conditions of probation or parole; or
(vii) He has received a
pardon from the governor.
(e) When a person has
completed the terms of a suspended or deferred sentence imposed by a court for
a non-violent felony
conviction,
the clerk of court shall notify the secretary of state. The secretary of
state shall notify all county clerks that the person is eligible for
registration.
(f) A person who has
served the entirety of a sentence imposed for a non-violent felony conviction, including a term of
probation or parole shall be issued a certificate of completion by the
department of corrections. Upon issuance, the department of corrections
shall inform the person that the person is entitled to register to vote.
The certificate of completion shall state that the person's voting rights are
restored.
(g) When the corrections
department issues a person a certificate of completion under subsection (f) of
this section, the department of corrections shall notify the secretary of state
that the person is entitled to register to vote and file the certificate of
completion with the clerk of the sentencing court. The secretary of state
shall notify all county clerks that the person is eligible for
registration. Additionally, the secretary of state shall accept the
following documents as proof that a person has served the entirety of the
sentence for a felony
conviction
and is eligible for registration:
(i) A court order from a
court of this state, another state or the federal government, which shows on
its face that the person has completed the entirety of the sentence; or
(ii) A certificate of
completion from another state or the federal government; and
(iii) A certificate from
the division of criminal investigation showing that the person has never been
convicted of a violent felony and has no unserved violent felony sentences
pending. The division of criminal
investigation shall establish a procedure for persons to apply for such
certificates.".
Page 2-line 21 Delete "7‑13‑105(b)(iii)"
insert "7‑13‑105(b)(i) through (iii) and (c)". BROWN,
CHAIRMAN
1/19/2011 H Failed CoW; Indef Postponed
ROLL CALL
Ayes:
Representative(s) Barbuto, Blake, Blikre, Bonner, Byrd, Cannady,
Connolly, Craft, Esquibel, K., Freeman, Greene, Loucks, Lubnau, Nicholas, B.,
Patton, Roscoe, Stubson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Berger, Botten, Brechtel, Brown, Buchanan, Burkhart, Campbell,
Childers, Davison, Edmonds, Eklund, Gay, Gingery, Greear, Harvey, Hunt,
Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Madden, McKim, McOmie,
Miller, Moniz, Peasley, Pederson, Petersen, Petroff, Quarberg, Semlek,
Shepperson, Steward, Teeters and Vranish
Excused:
Representative(s) Goggles
Absent:
Representative(s) Harshman
Ayes 21 Nays 37 Excused
1 Absent 1 Conflicts 0