 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
civil rights restoration; application; procedures
Purpose
Reorganizes statute relating to civil rights restoration. Modifies application requirements and procedures for the restoration of civil rights.
Background
A felony conviction suspends a person’s civil rights to: 1) vote; 2) hold public office of trust or profit; 3) serve as a juror; and 4) possess a firearm (A.R.S. § 13-904).
Current statute requires a first-time felony offender to automatically be restored any civil rights, excluding the right to possess or carry a firearm, that were lost or suspended as a result of the conviction if the person: 1) completes a term of probation or receives an absolute discharge from imprisonment; and 2) pays any fine or restitution imposed (A.R.S. § 13-912). Statute permits a repeat felony offender to apply for the restoration of civil rights, excluding the right to possess or carry a firearm, following the completion of probation or two years after absolute discharge from prison (A.R.S. §§ 13-905; 13-906; 13-909; and 13-910).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to inform a person in writing of his or her right to the restoration of civil rights at the time of sentencing.
2. Removes the requirement that a first-time offender pay all fines imposed prior to having his or her civil rights automatically restored.
3. Stipulates that a first-time offender who is entitled to the restoration of civil rights does not need to file an application for the restoration of civil rights.
4. Allows a person's attorney or probation officer to file an application for the restoration of civil rights on behalf of the person.
5. Prohibits a court clerk from charging a filing fee for an application for civil rights restoration.
6. Requires the court to state in writing its reasons for denying an application for the restoration of a person's civil rights.
8. Requires a prosecutor to provide a victim with notice of the defendant's application and the victim's rights, if the victim makes a request for postconviction notice.
9. Requires the court clerk to notify the Department of Public Safety (DPS) if the court restores the person's civil rights, including whether a person's right to possess a firearm is restored.
10. Requires DPS to update a person's criminal history with an annotation that the civil rights have been restored and any exceptions ordered.
11. Prohibits DPS from redacting or removing any part of a person's record.
13. Defines final discharge.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
House Action
JUD 1/30/19 DPA 10-0-0-0
3rd Read 2/14/19 60-0-0
Prepared by Senate Research
March 26, 2019
JA/AB/kja