Amends TCA Title 2; Title 34 and Title 40.
PERSONS CONVICTED AFTER JULY 1, 1986 BUT BEFORE JULY 1, 1996 Present law provides that a person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon receiving a pardon except where the pardon contains special conditions pertaining to the right to suffrage; service or expiration of the maximum sentence imposed for the infamous crime; or being granted final release from incarceration or supervision by the board of parole, or county correction authority. This bill deletes this provision. However, this bill makes the provisions below, which presently affect persons rendered infamous of a felony on or after July 1, 1996, applicable to persons who have been convicted of a felony after July 1, 1986. PERSON RENDERED INFAMOUS OF A FELONY ON OR AFTER JULY 1, 1996 Present law provides that a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred. A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court does not have the authority or jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon. A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason, or voter fraud is never eligible to register and vote in this state. Present law provides that prior to acting on any petition filed, the court must notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing. If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court must give the notice to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official must have the same right to object to the petition. Furthermore, present law provides that if, upon the face of the petition or after conducting a hearing, the court finds that the petitioner's full citizenship rights should be restored, it must so order and send a copy of the order to the state coordinator of elections. All costs for a proceeding to restore a person's citizenship rights must be paid by the petitioner unless the court specifically orders otherwise. Any person whose citizenship rights have been restored by order of the court must submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections is required to verify with the coordinator of elections that the order was issued and, upon receiving the verification, issue the person a voter registration card entitling the person to vote. This bill makes the above provisions applicable to a person who has been convicted of a felony after July 1, 1986. INELIGIBILITY TO REGISTER OR VOTE Present law permits a person convicted of an infamous crime to petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason, or voter fraud is never eligible to register and vote in this state. This bill clarifies that a person convicted of murder, rape, treason, or voter fraud on or after July 1, 1996 is never eligible to register and vote in this state.
PERSONS CONVICTED AFTER JULY 1, 1986 BUT BEFORE JULY 1, 1996 Present law provides that a person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon receiving a pardon except where the pardon contains special conditions pertaining to the right to suffrage; service or expiration of the maximum sentence imposed for the infamous crime; or being granted final release from incarceration or supervision by the board of parole, or county correction authority. This bill deletes this provision. However, this bill makes the provisions below, which presently affect persons rendered infamous of a felony on or after July 1, 1996, applicable to persons who have been convicted of a felony after July 1, 1986. PERSON RENDERED INFAMOUS OF A FELONY ON OR AFTER JULY 1, 1996 Present law provides that a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred. A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court does not have the authority or jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon. A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason, or voter fraud is never eligible to register and vote in this state. Present law provides that prior to acting on any petition filed, the court must notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing. If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court must give the notice to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official must have the same right to object to the petition. Furthermore, present law provides that if, upon the face of the petition or after conducting a hearing, the court finds that the petitioner's full citizenship rights should be restored, it must so order and send a copy of the order to the state coordinator of elections. All costs for a proceeding to restore a person's citizenship rights must be paid by the petitioner unless the court specifically orders otherwise. Any person whose citizenship rights have been restored by order of the court must submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections is required to verify with the coordinator of elections that the order was issued and, upon receiving the verification, issue the person a voter registration card entitling the person to vote. This bill makes the above provisions applicable to a person who has been convicted of a felony after July 1, 1986. INELIGIBILITY TO REGISTER OR VOTE Present law permits a person convicted of an infamous crime to petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason, or voter fraud is never eligible to register and vote in this state. This bill clarifies that a person convicted of murder, rape, treason, or voter fraud on or after July 1, 1996 is never eligible to register and vote in this state.
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