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