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REFERENCE TITLE: voting rights; felonies; automatic restoration |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2401 |
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Introduced by Representatives Engel: Blanc, Rodriguez, Senators Gonzales, Mendez
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AN ACT
amending sections 13-607, 13‑905, 13‑906, 13‑908, 13‑909, 13‑910 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 13-607, Arizona Revised Statutes, is amended to read:
13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations
A. At the time of sentencing a person who is convicted of a felony offense, a violation of section 13‑1802 or 13‑1805, a domestic violence offense as defined in section 13‑3601 or a violation of chapter 14 of this title or title 28, chapter 4, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.
B. The court or a person appointed by the court shall at the time of sentencing and in open court either permanently affix a defendant's fingerprint to the document or order or obtain and record the defendant's two fingerprint biometric‑based identifier in the court case file.
C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:
1. The defendant's full name and date of birth.
2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.
3. The name, statutory citation and classification of the offense.
4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13‑703 or 13‑704 or was committed while released from confinement pursuant to section 13‑708.
5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.
6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.
7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.
8. A certification by the court or the clerk of the court that at the time of sentencing and in open court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric‑based identifier was obtained and recorded in the court case file.
D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.
E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order.
F. At the time of sentencing a person who is convicted of a felony offense, the court shall inform the person that the person's right to vote is automatically restored on the person's discharge from probation or on absolute discharge from imprisonment.
Sec. 2. 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 person's right to vote is automatically restored on the person's discharge from 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. 3. 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 person's 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 not 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. 4. 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, 13‑909, 13‑910 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. 5. Section 13-909, Arizona Revised Statutes, is amended to read:
13-909. Restoration of civil rights; persons completing probation for federal offense
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 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, except that the person's right to vote is automatically restored on the person's discharge from 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 the person's right to possess or carry a gun or firearm for two years from the date of his the person's discharge from probation.
Sec. 6. Section 13-910, Arizona Revised Statutes, is amended to read:
13-910. Applications by persons discharged from federal 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 in a federal prison 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, except that the person's 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 not 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 federal bureau of prisons, unless it is shown to be impossible to obtain such 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 the clerk shall be responsible for processing applications for restoration of civil rights upon on the 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.
Sec. 7. 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.