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REFERENCE TITLE: restoration; rights; other jurisdictions |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2445 |
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Introduced by Representative Gowan
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AN ACT
AMENDING SECTIONS 13-909 AND 13-910, ARIZONA REVISED STATUTES; RELATING TO RESTORATION OF RIGHTS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-909, Arizona Revised Statutes, is amended to read:
13-909. Restoration of civil rights; persons completing probation for federal offense or offense committed outside the jurisdiction of this state
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 in a United States district court or in a jurisdiction outside of this state restored by the presiding judge of the superior court in the county in which the person now resides, on filing of an affidavit of discharge from the judge who discharged him at the end of the term 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 an application filed with the clerk of the superior court in the county in which the person now resides. The clerk of the superior court shall process the application on request of the person involved or the person's attorney.
C. If the person was convicted of an offense which that would be 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 an offense which that would be 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 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 his right to possess or carry a gun or firearm for two years from the date of his discharge from probation.
Sec. 2. Section 13-910, Arizona Revised Statutes, is amended to read:
13-910. Applications by persons discharged from federal prison or a prison in a jurisdiction outside of this state
A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment in a federal prison or a prison in a jurisdiction outside of this state may have any civil rights which that were lost or suspended by the conviction restored by the presiding judge of the superior court in the county in which the person now resides.
B. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the federal bureau of prisons or the prison from which the person was discharged, unless it is shown to be impossible to obtain such the certificate. Such The application shall be filed with the clerk of the superior court in the county in which the person now resides, and such clerk shall be responsible for processing applications for restoration of civil rights upon on request of the person involved or the person's attorney.
C. If the person was convicted of an offense which that would be 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 an offense which that would be 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 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.