ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2080: civil rights restoration; application; procedures |
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PRIME SPONSOR: Representative Allen J, LD 15 BILL STATUS: Caucus & COW |
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Adjusts the requirements a convicted felon
must meet to apply for restoration of civil rights, and consolidates several
civil rights restoration statutes in three new statutes.
History
A felony conviction suspends a person's right to:
1. Vote;
2. Hold public office;
3. Serve as a juror; or
4. Possess a firearm (A.R.S. § 13-904(A)).
Arizona provides different methods for restoring civil rights depending upon the number and type of felonies committed. A first-time felon's civil rights are automatically restored upon completion of probation or absolute discharge from prison, and payment of any fines or restitution (A.R.S. § 13-912). A repeat offender may apply for restoration of civil rights at the earlier of either the end of probation or two years after absolute discharge from prison (A.R.S. §§ 13-905, 13-906, 13-909, 13-910). Upon completion of probation or absolute discharge from prison, certain convicted felons may also apply for a set-aside judgment, which if granted also restores civil rights (A.R.S § 13-907).
Restoration of civil rights does not necessarily restore a person's right to possess a firearm. Certain felons may not apply to have their gun rights restored, and others must wait a period of time before applying to have those rights restored:
1. A felon convicted of a dangerous offense may not apply;
2. A felon convicted of a serious offense must wait ten years to apply; and
3. Every other felon must wait at least two years from either completion of probation or absolute discharge from prison to apply (A.R.S. §§ 13-905(C), 13-906(C), 13-909(C), 13-910(C), 13-912(B)).
"Dangerous offenses" involve the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury (A.R.S. § 13-105(12)).
"Serious offenses" include murder, manslaughter, aggravated assault, sexual assault, dangerous crimes against children, arson of an occupied structure, first degree burglary, kidnapping, sexual conduct with a minor under 15, and child sex trafficking (A.R.S. § 13-706(F)(1)).
The Superior Court has discretion whether to grant any of the aforementioned applications, but must consider certain factors in determining whether to set aside a judgment (A.R.S. §§ 13-907, 13-908, 13-911).
Provisions
1. Repeals A.R.S. §§ 13-905, 13-906, and 13-908–13-911, relating to civil and gun rights restoration, and consolidates them in the new A.R.S. §§ 13-906, 13-908, and 13-910.
2. Permits a repeat offender to apply for restoration of civil rights immediately upon absolute discharge from prison (Secs. 6 and 9).
3. Eliminates the mandatory two-year waiting period for an application to restore gun rights for certain felons not sentenced to a prison term (Sec. 13).
4. Prohibits a person convicted of a violent or aggravated felony from filing an application to restore gun rights for 10 years from the date of absolute discharge from prison (Sec. 13).
5. Permits a first-time felon to obtain automatic restoration of civil rights upon final discharge when the person has outstanding fines other than victim restitution (Sec. 7).
6. Requires the court to explain in writing its reasons for denying an application to restore civil or gun rights (Sec. 6).
7. Grants the victim the right to attend and speak at a civil rights restoration hearing (Sec. 6).
8. Requires the attorney for the state, if the victim has requested postconviction notice, to notify the victim of a person's application and of the victim's right to attend and speak at the civil rights restoration hearing (Sec. 6).
9. Permits a person's attorney or probation officer to file the application to restore civil rights ("application") (Sec. 9).
10. Prohibits the clerk from charging a filing fee for an application to restore civil rights (Sec. 9).
11. Provides that restoration of civil rights does not preclude DPS or the Board of Fingerprinting from considering a conviction when evaluating an application for a fingerprint clearance card (Sec. 6).
12. Requires the court to inform a person upon final discharge of the right to have civil rights restored (Sec. 6).
13. Requires the clerk to forward a copy of the application to restore civil rights to the county attorney (Sec. 9).
14. Requires the clerk to notify the Department of Public Safety (DPS) of any restored civil or gun rights (Sec. 6).
15. Requires DPS to update a person's criminal history with an annotation that civil rights have been restored, including any exceptions ordered, but prohibits DPS from redacting or removing any part of the record (Sec. 6).
16. Defines final discharge as the completion of probation or the receipt of an absolute discharge from the Arizona Department of Corrections or the United States Bureau of Prisons (Secs. 6, 7, and 9).
17. Makes technical and conforming changes.
Amendments
Committee on Judiciary
1. Restores the requirement that a repeat felony offender must wait two years from absolute discharge from prison to apply for restoration of civil rights.
2. Restores the mandatory two-year waiting period for an application to restore gun rights for felons not sentenced to a prison term.
3. Restores the right of a person convicted of a violent or aggravated felony to file an application to restore gun rights two years after absolute discharge from prison.
4.
5.
6. ---------- DOCUMENT FOOTER ---------
7. Fifty-fourth Legislature HB 2080
8. First Regular Session Version 1: Caucus & COW
9.
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