Bill Text: AZ SB1377 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced


Bill Title: Restoration; voting rights; website notification

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-02-05 - Senate read second time [SB1377 Detail]

Download: Arizona-2019-SB1377-Introduced.html

 

 

 

REFERENCE TITLE: restoration; voting rights; website notification

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

SB 1377

 

Introduced by

Senators Navarrete: Alston, Bradley, Contreras, Dalessandro, Gonzales, Mendez, Otondo, Rios, Steele; Representative Andrade

 

 

AN ACT

 

amending sections 12‑254, 13‑905, 13‑906, 13‑908, 13‑912 and 41‑121, Arizona Revised Statutes; relating to the restoration of civil rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-254, Arizona Revised Statutes, is amended to read:

START_STATUTE12-254.  Chief adult probation officer; duties; other officers' duties

A.  In each county having a chief adult probation officer, such the officer, with the approval of the presiding judge, shall:

1.  Establish organizational and operational procedures for the deputy adult probation officers of the county.

2.  Direct the work and activities of the deputy adult probation officers of the county.

3.  Supply such information as may be requested by the state department of corrections pursuant to section 41‑1604, subsection A, paragraph 6.

4.  Perform other duties assigned by the presiding judge, which duties may include serving as a juvenile probation officer, if such officer meets the minimum qualification prescribed by section 8‑203, subsection C.

5.  Establish and maintain on the probation department's website a hyperlink to a website at which information is provided by the secretary of state regarding voting rights for a person who has a criminal history and conspicuously post in each probation office where probationers are seen a sign that contains the probation department's website address.

6.  On request, provide a probationer with information provided by the secretary of state regarding voting rights for a person who has a criminal history.

B.  In a county having no chief probation officer the adult probation officer shall supply the information required by subsection A, paragraph paragraphs 3, 5 and 6 of this section. END_STATUTE

Sec. 2.  Section 13-905, Arizona Revised Statutes, is amended to read:

START_STATUTE13-905.  Restoration of civil rights; persons completing probation

A.  A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which that were lost or suspended by the felony conviction restored by the judge who discharges him the person at the end of the term of probation, except that the right to vote is automatically restored on the person's completion of probation.

B.  On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which that were lost or suspended by the felony conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally convicted.  The clerk of the superior court shall have the responsibility for processing the application on request of the person involved or the person's attorney.  The superior court shall serve a copy of the application on the county attorney.

C.  If the person was convicted of a dangerous offense under section 13‑704, the person may not file for the restoration of the right to possess or carry a gun or firearm.  If the person was convicted of a serious offense as defined in section 13‑706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his the person's discharge from probation.  If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge from probation. END_STATUTE

Sec. 3.  Section 13-906, Arizona Revised Statutes, is amended to read:

START_STATUTE13-906.  Applications by persons discharged from prison

A.  On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which that were lost or suspended by his the person's conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally sentenced, except that the right to vote is automatically restored on the person's absolute discharge from imprisonment.

B.  A person who is subject to subsection A of this section may file, no sooner than two years from the date of his the person's absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections.  The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon on request of the person involved, the person's attorney or a representative of the state department of corrections.  The superior court shall serve a copy of the application on the county attorney.

C.  If the person was convicted of a dangerous offense under section 13‑704, the person may not file for the restoration of the right to possess or carry a gun or firearm.  If the person was convicted of a serious offense as defined in section 13‑706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his the person's absolute discharge from imprisonment.  If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment. END_STATUTE

Sec. 4.  Section 13-908, Arizona Revised Statutes, is amended to read:

START_STATUTE13-908.  Restoration of civil rights in the discretion of the superior court judge

Except as provided in section sections 13‑905, 13‑906 and 13‑912, the restoration of civil rights and the dismissal of the accusation or information under the provisions of this chapter shall be in the discretion of the superior court judge by whom the person was sentenced or his the judge's successor in office. END_STATUTE

Sec. 5.  Section 13-912, Arizona Revised Statutes, is amended to read:

START_STATUTE13-912.  Restoration of civil rights for first offenders; exception

A.  Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both:

1.  completes a term of probation or receives an absolute discharge from imprisonment.

2.  Pays any fine or restitution imposed.

B.  This section does not apply to a person's right to possess weapons as defined in section 13‑3101 unless the person applies to a court pursuant to section 13‑905 or 13‑906. END_STATUTE

Sec. 6.  Section 41-121, Arizona Revised Statutes, is amended to read:

START_STATUTE41-121.  Duties

A.  The secretary of state shall:

1.  Receive bills and resolutions from the legislature, and perform such other duties as devolve on the secretary of state by resolution of the two houses or either of them.

2.  Keep a register of and attest the official acts of the governor.

3.  Act as custodian of the great seal of this state.

4.  Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached.

5.  File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same.

6.  Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.

7.  Promptly chapter slip laws filed by the legislature, electronically publish and maintain the bills, memorials and resolutions posted on the secretary of state's website, make such acts available for a reasonable fee to include the cost of printing and postage, provide each house of the legislature and the legislative council with a certified copy of each chaptered bill or resolution and transfer to the custody of the Arizona state library, archives and public records all original paper copies filed.

8.  Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case.  The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book.

9.  Perform other duties imposed on the secretary of state by law.

10.  Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended.

11.  Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records.

12.  Accept electronic and digital signatures that comply with section 18‑106 for documents filed with and by all state agencies, boards and commissions.

13.  Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens.

14.  Establish and maintain on the secretary of state's website a hyperlink to a website at which information is provided by the secretary of state regarding voting rights for a person who has a criminal history and the automatic restoration of the right to vote on the person's completion of probation or absolute discharge from imprisonment.

B.  The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity.  This subsection does not apply to election filings. END_STATUTE

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