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REFERENCE TITLE: civil rights restoration; requirements; process |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2119 |
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Introduced by Representative Kaiser
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AN ACT
amending sections 13-906, 13-907, 13-908 and 13-910, 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 13-906, Arizona Revised Statutes, is amended to read:
13-906. Restoration of civil rights; process
A. At the time of sentencing, the court shall inform a person in writing of the person's right to the restoration of civil rights.
B. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, at the time of the completion of probation or absolute discharge from imprisonment, the probation department or the state department of corrections shall inform the person in writing that the person's rights have been automatically restored. The notice provided pursuant to this subsection must include an explanation of the civil rights that have been restored.
C. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907, at the time of the completion of probation or absolute discharge from imprisonment, the probation department or state department of corrections shall inform the person in writing of the person's right to the restoration of civil rights. The notice provided pursuant to this subsection must include an explanation of when a person can apply to have the person's civil rights restored.
B. D. The clerk of the court or the state department of corrections shall notify the department of public safety when a person's civil rights are automatically restored pursuant to section 13-907, including whether the person's right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person's civil rights, including whether a person's right to possess a firearm is restored. The department of public safety shall update the person's criminal history with an annotation that the person's civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person's record.
C. E. The restoration of a person's civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.
D. F. If the court denies an application for the restoration of a person's civil rights, the court shall state its reasons for the denial in writing.
E. G. If the restoration of a person's civil rights is discretionary with the court, a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application and of the rights provided to the victim in this section.
Sec. 2. Section 13-907, Arizona Revised Statutes, is amended to read:
13-907. Automatic restoration of civil rights for first offenders; firearm rights
A. On final discharge completion of probation for an offense committed in this state or absolute discharge from imprisonment, 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 all victim restitution imposed.
B. A person who is entitled to the restoration of any civil rights pursuant to this section subsection is not required to file an application pursuant to section 13-908, except that if the person does file an application, the court may grant the application without receiving a response from the state or holding a hearing.
B. On completion of probation for an offense committed outside the jurisdiction of this state or absolute discharge from a prison in another state or the federal bureau of prisons, a person who has not previously been convicted of a felony offense is eligible for automatic restoration of any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed. A person who is entitled to the restoration of any civil rights pursuant to this subsection shall file an application pursuant to section 13-908, and the court shall grant the application without receiving a response from the state or holding a hearing.
C. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:
1. a dangerous offense under section 13-704 or An offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.
D. If the person is not entitled to the automatic restoration of firearm rights pursuant to this section, 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 bureau of prisons.
Sec. 3. Section 13-908, Arizona Revised Statutes, is amended to read:
13-908. Restoration of civil rights; application; firearm rights; definition
A. On final discharge, a person who has previously been convicted of a felony or who has not paid any all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. A person who has received an absolute discharge from imprisonment may file an application for restoration of civil rights no 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 or attorney general.
C. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or 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. 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. D. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and who has received an absolute discharge from imprisonment in a prison in another state or a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides. 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. The restoration of civil rights is in the discretion of the judicial officer.
F. If the court grants the application, the court shall restore the person's civil rights.
G. E. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:
1. a dangerous offense under section 13-704 or An offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.
F. If the person is not entitled to the restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910.
H. G. 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, a prison in another state or the United States federal bureau of prisons.
Sec. 4. Section 13-910, Arizona Revised Statutes, is amended to read:
13-910. Restoration of right to possess a firearm
A. A person who is convicted of a dangerous offense under section 13-704 or an offense committed in another state outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state may not file for the restoration of the right to possess or carry a firearm. A person who is convicted of a serious offense as defined in section 13-706 or an offense committed in another state outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state may not file for the restoration of the right to possess or carry a firearm for ten years from the date of the person's absolute discharge. A person who is convicted of any other felony offense may not file for the restoration of the right to possess or carry a firearm for two years from the date of the person's absolute discharge.
B. The restoration of the right to possess a firearm pursuant to this section is in the discretion of the judicial officer.