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REFERENCE TITLE: restoration; voting rights; website notification |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1452 |
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Introduced by Senators Navarrete: Alston, Bradley, Contreras, Dalessandro, Gonzales, Mendez, Otondo, Peshlakai, Quezada, Rios, Steele; Representatives Andrade, Jermaine, Pawlik, Teller, Terán
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AN ACT
amending sections 12‑254, 13‑907, 13‑908 and 41‑121, 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 12-254, Arizona Revised Statutes, is amended to read:
12-254. Chief adult probation officer; duties; other officers' duties
A. In each county having a chief adult probation officer, such the officer, with the approval of the presiding judge, shall:
1. Establish organizational and operational procedures for the deputy adult probation officers of the county.
2. Direct the work and activities of the deputy adult probation officers of the county.
3. Supply such information as may be requested by the state department of corrections pursuant to section 41‑1604, subsection A, paragraph 6.
4. Perform other duties assigned by the presiding judge, which duties may include serving as a juvenile probation officer, if such officer meets the minimum qualification prescribed by section 8‑203, subsection C.
5. Establish and maintain on the probation department's website a hyperlink to a website at which information is provided by the secretary of state regarding voting rights for a person who has a criminal history and conspicuously post in each probation office where probationers are seen a sign that contains the probation department's website address.
6. On request, provide a probationer with information provided by the secretary of state regarding voting rights for a person who has a criminal history.
B. In a county having no chief probation officer the adult probation officer shall supply the information required by subsection A, paragraph paragraphs 3, 5 and 6 of this section.
Sec. 2. Section 13-907, Arizona Revised Statutes, is amended to read:
13-907. Automatic restoration of civil rights for first offenders; automatic restoration of voting rights; exception; definition
A. On final discharge, any person who has not previously been convicted of a felony offense shall automatically be restored any civil rights that were lost or suspended as a result of the conviction if the person pays any victim restitution imposed, except that the person's right to vote is automatically restored on final discharge.
B. A person who is entitled to the restoration of any civil rights pursuant to this section is not required to file an application pursuant to section 13‑908.
C. This section does not apply to a person's right to possess a firearm as defined in section 13‑3101. The court may order the restoration of the right to possess a firearm pursuant to section 13‑910.
D. For the purposes of this section, "final discharge" means the completion of probation or the receipt of an absolute discharge from the state department of corrections or the United States federal bureau of prisons.
Sec. 3. Section 13-908, Arizona Revised Statutes, is amended to read:
13-908. Restoration of civil rights; application; definition
A. On final discharge, a person who has previously been convicted of a felony or who has not paid any victim restitution that was imposed may apply to the superior court to have the person's civil rights restored, except that the person's right to vote is automatically restored on the person's final discharge. A person who has received an absolute discharge from imprisonment may file an application for restoration of civil rights no not sooner than two years from the date of the person's absolute discharge. The restoration of civil rights is in the discretion of the judicial officer.
B. The person or the person's attorney or probation officer may file the application for the restoration of civil rights. The clerk of the court may not charge a filing fee for an application. The clerk of the court shall forward a copy of the application to the county attorney.
C. A person whose civil rights were lost or suspended as a result of a felony conviction in a United States district court and whose period of probation has been completed may file the application for restoration of civil rights in the county in which the person now resides, except that the person's right to vote is automatically restored on the person's discharge from probation. The person shall file an affidavit of discharge from the judicial officer who discharged the person at the end of the term of probation.
D. A person who has received an absolute discharge from imprisonment and who files an application for the restoration of civil rights shall file with the application a certificate of absolute discharge from the director of the state department of corrections.
E. A person whose civil rights were lost or suspended as a result of a felony conviction in a United States district court and who has received an absolute discharge from imprisonment in a federal prison shall file the application for the restoration of civil rights 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. The person shall file with the application a certificate of absolute discharge from the director of the federal bureau of prisons, unless it is shown to be impossible to obtain a certificate.
F. If the court grants the application, the court shall restore the person's civil rights.
G. This section does not apply to a person's right to possess a firearm as defined in section 13‑3101. The court may order the restoration of the right to possess a firearm pursuant to section 13‑910.
H. For the purposes of this section, "final discharge" means the completion of probation or the receipt of an absolute discharge from the state department of corrections or the United States federal bureau of prisons.
Sec. 4. Section 41-121, Arizona Revised Statutes, is amended to read:
41-121. Duties
A. The secretary of state shall:
1. Receive bills and resolutions from the legislature, and perform such other duties as devolve on the secretary of state by resolution of the two houses or either of them.
2. Keep a register of and attest the official acts of the governor.
3. Act as custodian of the great seal of this state.
4. Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached.
5. File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same.
6. Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.
7. Promptly chapter slip laws filed by the legislature, electronically publish and maintain the bills, memorials and resolutions posted on the secretary of state's website, make such acts available for a reasonable fee to include the cost of printing and postage, provide each house of the legislature and the legislative council with a certified copy of each chaptered bill or resolution and transfer to the custody of the Arizona state library, archives and public records all original paper copies filed.
8. Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case. The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book.
9. Perform other duties imposed on the secretary of state by law.
10. Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended.
11. Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records.
12. Accept electronic and digital signatures that comply with section 18‑106 for documents filed with and by all state agencies, boards and commissions.
13. Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens.
14. Establish and maintain on the secretary of state's website a hyperlink to a website at which information is provided by the secretary of state regarding voting rights for a person who has a criminal history and the automatic restoration of the right to vote on the person's completion of probation or absolute discharge from imprisonment.
B. The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity. This subsection does not apply to election filings.