|
REFERENCE TITLE: voting rights; restoration; felonies. |
|
State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
|
|
HB 2426 |
|
|
|
Introduced by Representatives Espinoza: Andrade, Benally, Blanc, Campbell, Cardenas, Clark, Fernandez, Friese, Navarrete, Powers Hannley, Rivero, Saldate, Salman, Senator Otondo
|
AN ACT
amending sections 13‑905, 13‑906, 13‑908 and 13‑912, 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 13-905, Arizona Revised Statutes, is amended to read:
13-905. 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.
Sec. 2. Section 13-906, Arizona Revised Statutes, is amended to read:
13-906. 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.
Sec. 3. Section 13-908, Arizona Revised Statutes, is amended to read:
13-908. 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.
Sec. 4. Section 13-912, Arizona Revised Statutes, is amended to read:
13-912. 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.