Bill Text: IA HF818 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the restoration of voting rights to certain convicted persons and including effective date provisions.(Formerly HSB 231.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2021-03-29 - Subcommittee: Sinclair, Boulton, and Whiting. S.J. 711. [HF818 Detail]

Download: Iowa-2021-HF818-Introduced.html
House File 818 - Introduced HOUSE FILE 818 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 231) A BILL FOR An Act relating to the restoration of voting rights to certain 1 convicted persons and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2617HV (1) 89 ss/jh
H.F. 818 Section 1. Section 48A.6, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. A person who has been convicted of a felony as defined 3 in section 701.7 , or convicted of an offense classified as 4 a felony under federal law , and who has not discharged the 5 person’s sentence as provided in section 48A.6A . If the 6 person’s rights are later restored by the governor, or by the 7 president of the United States, the person may register to 8 vote. 9 Sec. 2. NEW SECTION . 48A.6A Discharge of sentence —— 10 definition. 11 A person shall not be considered to have discharged a 12 sentence for purposes of Article II, section 5, of the 13 Constitution of the State of Iowa and section 48A.6 unless the 14 person has done all of the following: 15 1. Completed any term of confinement, parole, and 16 probation, and completed any special sentence imposed pursuant 17 to chapter 903B . 18 2. For an offense under chapter 707 , the offense of child 19 endangerment resulting in the death of a child or minor under 20 section 726.6 , or election misconduct in the first degree under 21 section 39A.2 , received a pardon or restoration of rights from 22 the governor. 23 3. Paid all pecuniary damages owed to a natural person 24 imposed pursuant to chapter 910 , as confirmed by the clerk of 25 the court. 26 Sec. 3. CONTINGENT EFFECTIVE DATE. This Act takes effect 27 upon the ratification of a constitutional amendment originating 28 in a resolution passed during the eighty-ninth general assembly 29 relating to the restoration of the voting rights of felons upon 30 the discharge of a criminal sentence pursuant to Article X, 31 section 1, of the Constitution of the State of Iowa. 32 Sec. 4. CONTINGENT REPEAL DATE. This Act is repealed if 33 a constitutional amendment relating to the restoration of 34 the voting rights of felons upon the discharge of a criminal 35 -1- LSB 2617HV (1) 89 ss/jh 1/ 2
H.F. 818 sentence is not ratified pursuant to Article X, section 1, of 1 the Constitution of the State of Iowa prior to January 1, 2025. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the definition of a discharge 6 of a criminal sentence for the purposes of the automatic 7 restoration of a convicted person’s voting rights pursuant to 8 a constitutional amendment originating in a resolution passed 9 during the 89th general assembly relating to the restoration of 10 the voting rights of felons upon the discharge of a criminal 11 sentence. If the constitutional amendment contained in such 12 a resolution is ratified by the electors pursuant to Article 13 X, section 1, of the Constitution of the State of Iowa, the 14 bill becomes effective and defines the discharge of a criminal 15 sentence as including all of the following: the completion of 16 confinement, parole, and probation, and any special sentence 17 imposed pursuant to Code chapter 903B (sex offender special 18 sentencing and hormone treatment), the offense of child 19 endangerment resulting in the death of a child or minor, or 20 election misconduct in the first degree; the receipt of a 21 pardon or a restoration of rights from the governor for an 22 offense under Code chapter 707 (homicide and related crimes); 23 and the payment of all pecuniary damages owed to a natural 24 person imposed pursuant to Code chapter 910 (restitution). The 25 bill is repealed if a constitutional amendment relating to the 26 restoration of the voting rights of felons upon the discharge 27 of a criminal sentence is not ratified prior to January 1, 28 2025. 29 -2- LSB 2617HV (1) 89 ss/jh 2/ 2
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