PREFILED DEC 29 2015
|
REFERENCE TITLE: voting rights; restoration; felonies. |
|
State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
|
|
SB 1033 |
|
|
|
Introduced by Senator Quezada; Representative Andrade
|
AN ACT
amending sections 13‑905, 13‑906, 13‑908 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 13-905, 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 at the end of
the term of probation, except that the right to vote is
automatically restored on the person's completion of 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. 2. 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 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 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. 3. 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 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. 4. 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.