House File 2266 - Introduced
HOUSE FILE
BY HEARTSILL and WOLFE
A BILL FOR
1 An Act relating to the restoration of the rights of
2 citizenship, and providing for a contingent effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 DIVISION I
1 2 RESTORATION OF THE RIGHT TO VOTE
1 3 Section 1. Section 39A.1, subsection 2, Code 2018, is
1 4 amended to read as follows:
1 5 2. The purpose of this chapter is to identify actions which
1 6 threaten the integrity of the election process and to impose
1 7 significant sanctions upon persons who intentionally commit
1 8 those acts. It is the intent of the general assembly that
1 9 offenses with the greatest potential to affect the election
1 10 process be vigorously prosecuted and strong punishment meted
1 11 out through the imposition of felony sanctions which, as a
1 12 consequence, remove the voting rights of the offenders until
1 13 such rights are restored by the governor, by the president of
1 14 the United States, or by operation of law. Other offenses are
1 15 still considered serious, but based on the factual context in
1 16 which they arise, they may not rise to the level of offenses
1 17 to which felony penalties attach. The general assembly
1 18 also recognizes that instances may arise in which technical
1 19 infractions of chapters 39 through 53 may occur which do not
1 20 merit any level of criminal sanction. In such instances,
1 21 administrative notice from the state or county commissioner
1 22 of elections is sufficient. Mandates or proscriptions in
1 23 chapters 39 through 53 which are not specifically included in
1 24 this chapter shall be considered to be directive only, without
1 25 criminal sanction.
1 26 Sec. 2. Section 43.18, subsection 9, Code 2018, is amended
1 27 to read as follows:
1 28 9. A statement that the candidate is aware that the
1 29 candidate is disqualified from holding office if the candidate
1 30 has been convicted of a felony or other infamous crime and the
1 31 candidate's rights have not been restored by the governor, or
1 32 by the president of the United States, or by operation of law.
1 33 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2018,
1 34 is amended to read as follows:
1 35 i. A statement that the candidate is aware that the
2 1 candidate is disqualified from holding office if the candidate
2 2 has been convicted of a felony or other infamous crime and the
2 3 candidate's rights have not been restored by the governor, or
2 4 by the president of the United States, or by operation of law.
2 5 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2018,
2 6 is amended to read as follows:
2 7 i. A statement that the candidate is aware that the
2 8 candidate is disqualified from holding office if the candidate
2 9 has been convicted of a felony or other infamous crime and the
2 10 candidate's rights have not been restored by the governor, or
2 11 by the president of the United States, or by operation of law.
2 12 Sec. 5. Section 45.3, subsection 9, Code 2018, is amended
2 13 to read as follows:
2 14 9. A statement that the candidate is aware that the
2 15 candidate is disqualified from holding office if the candidate
2 16 has been convicted of a felony or other infamous crime and the
2 17 candidate's rights have not been restored by the governor, or
2 18 by the president of the United States, or by operation of law.
2 19 Sec. 6. Section 48A.6, subsection 1, Code 2018, is amended
2 20 to read as follows:
2 21 1. A person who has been convicted of a felony as defined
2 22 in section 701.7, or convicted of an offense classified as a
2 23 felony under federal law. If the person's rights are later
2 24 restored by the governor, or by the president of the United
2 25 States, pursuant to section 914.8, or by a pardon issued by the
2 26 governor or the president of the United States, the person may
2 27 register to vote.
2 28 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2018,
2 29 is amended to read as follows:
2 30 c. That prior to the election the incumbent had been duly
2 31 convicted of a felony, as defined in section 701.7, and that
2 32 the judgment had not been reversed, annulled, or set aside, nor
2 33 the incumbent pardoned by the governor or the president of the
2 34 United States or restored to the rights of citizenship by the
2 35 governor under chapter 914 pursuant to section 914.8, at the
3 1 time of the election.
3 2 Sec. 8. Section 123.3, subsection 34, paragraph d, Code
3 3 2018, is amended to read as follows:
3 4 d. The person has not been convicted of a felony. However,
3 5 if the person's conviction of a felony occurred more than five
3 6 years before the date of the application for a license or
3 7 permit, and if the person's rights of citizenship have been
3 8 restored by the governor pursuant to sections 914.1 through
3 9 914.6, the administrator may determine that the person is of
3 10 good moral character notwithstanding such conviction.
3 11 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code
3 12 2018, is amended to read as follows:
3 13 b. Every candidate shall file with the nomination papers
3 14 an affidavit stating the candidate's name, the candidate's
3 15 residence, that the person is a candidate and is eligible for
3 16 the office of commissioner, and that if elected the candidate
3 17 will qualify for the office. The affidavit shall also state
3 18 that the candidate is aware that the candidate is disqualified
3 19 from holding office if the candidate has been convicted of a
3 20 felony or other infamous crime and the candidate's rights have
3 21 not been restored by the governor, or by the president of the
3 22 United States, or by operation of law.
3 23 Sec. 10. Section 277.4, subsection 2, paragraph b, Code
3 24 2018, is amended to read as follows:
3 25 b. Signers of nomination petitions shall include their
3 26 addresses and the date of signing, and must reside in the same
3 27 director district as the candidate if directors are elected
3 28 by the voters of a director district, rather than at=large.
3 29 A person may sign nomination petitions for more than one
3 30 candidate for the same office, and the signature is not invalid
3 31 solely because the person signed nomination petitions for
3 32 one or more other candidates for the office. The petition
3 33 shall be filed with the affidavit of the candidate being
3 34 nominated, stating the candidate's name, place of residence,
3 35 that such person is a candidate and is eligible for the office
4 1 the candidate seeks, and that if elected the candidate will
4 2 qualify for the office. The affidavit shall also state that
4 3 the candidate is aware that the candidate is disqualified
4 4 from holding office if the candidate has been convicted of a
4 5 felony or other infamous crime and the candidate's rights have
4 6 not been restored by the governor, or by the president of the
4 7 United States, or by operation of law.
4 8 Sec. 11. Section 376.4, subsection 2, paragraph b, Code
4 9 2018, is amended to read as follows:
4 10 b. The petition must include the affidavit of the individual
4 11 for whom it is filed, stating the individual's name, the
4 12 individual's residence, that the individual is a candidate and
4 13 eligible for the office, and that if elected the individual
4 14 will qualify for the office. The affidavit shall also state
4 15 that the candidate is aware that the candidate is disqualified
4 16 from holding office if the candidate has been convicted of a
4 17 felony or other infamous crime and the candidate's rights have
4 18 not been restored by the governor, or by the president of the
4 19 United States, or by operation of law.
4 20 Sec. 12. Section 914.2, Code 2018, is amended to read as
4 21 follows:
4 22 914.2 Right of application.
4 23 Except as otherwise provided in section 902.2 or 914.8, a
4 24 person convicted of a criminal offense has the right to make
4 25 application to the board of parole for recommendation or to
4 26 the governor for a reprieve, pardon, commutation of sentence,
4 27 remission of fines or forfeitures, or restoration of rights of
4 28 citizenship at any time following the conviction.
4 29 Sec. 13. NEW SECTION. 914.8 Restoration of right to
4 30 register and to vote.
4 31 1. A person convicted of a felony criminal offense who has
4 32 been discharged from probation, parole, or work release or
4 33 who is released from confinement under section 902.6 because
4 34 the person has completed the person's term of confinement
4 35 shall have the person's right to register to vote and to vote
5 1 restored.
5 2 2. As soon as practicable, the department of corrections
5 3 or judicial district department of correctional services,
5 4 whichever is applicable, shall provide written notice to each
5 5 person, as described in subsection 1, who, on or after January
5 6 14, 2011, has been discharged from probation, parole, or work
5 7 release or who, on or after January 14, 2011, has completed a
5 8 term of confinement, that the person's right to register to
5 9 vote and to vote has been restored. The notice shall include a
5 10 voter registration form.
5 11 3. The department of corrections shall monthly provide a
5 12 list of all persons notified under subsection 2 in the previous
5 13 month to the state registrar of voters who shall provide the
5 14 information to the county registrars of voters as deemed
5 15 necessary.
5 16 4. A person described in subsection 1 may still make
5 17 application for a restoration of citizenship rights pursuant
5 18 to sections 914.1 through 914.6. Such an application, unless
5 19 withdrawn, shall be processed as required by this chapter.
5 20 5. This section shall not relieve a person of any unpaid
5 21 restitution, fine, or other obligation resulting from
5 22 conviction.
5 23 DIVISION II
5 24 RESTORATION OF FIREARM RIGHTS
5 25 Sec. 14. Section 724.26, subsection 1, Code 2018, is amended
5 26 to read as follows:
5 27 1. A Except as provided in section 724.26A, a person who
5 28 is convicted of a felony in a state or federal court, or who
5 29 is adjudicated delinquent on the basis of conduct that would
5 30 constitute a felony if committed by an adult, and who knowingly
5 31 has under the person's dominion and control or possession,
5 32 receives, or transports or causes to be transported a firearm
5 33 or offensive weapon is guilty of a class "D" felony.
5 34 Sec. 15. NEW SECTION. 724.26A Restoration of rights.
5 35 1. A person convicted of a class "D" felony, other than a
6 1 forcible felony or domestic abuse assault under section 708.2A,
6 2 subsection 5, may apply to the department of public safety for
6 3 the restoration of the right to possess, receive, or transport
6 4 or cause to be transported a firearm, if all of the following
6 5 apply:
6 6 a. Ten years have elapsed from the date of the class "D"
6 7 felony conviction.
6 8 b. The applicant has no pending criminal charges and no
6 9 felony convictions in the previous ten years.
6 10 c. The applicant would otherwise be eligible to possess,
6 11 receive, or transport or cause to be transported a firearm.
6 12 2. The department of public safety shall conduct a criminal
6 13 background check on the applicant including an inquiry of the
6 14 national instant criminal background check system maintained
6 15 by the federal bureau of investigation or any successor agency
6 16 to determine if ten years have elapsed from the date of the
6 17 class "D" felony conviction, the person has no pending criminal
6 18 charges and no felony convictions in the previous ten years,
6 19 and the person would otherwise be eligible to possess, receive,
6 20 or transport or cause to be transported a firearm.
6 21 3. a. If the application is approved by the department
6 22 of public safety, the department shall issue a certificate
6 23 of restoration of firearm rights to the applicant. The
6 24 certification shall be proof that the firearm rights of the
6 25 applicant have been restored unless the rights are subsequently
6 26 taken away by a disqualifying event.
6 27 b. One copy of the certification shall be delivered to the
6 28 applicant and one copy shall be delivered to the clerk of the
6 29 district court where the judgment of the class "D" felony is
6 30 of record.
6 31 c. If the department of public safety denies the
6 32 application, the department shall provide the applicant with
6 33 written notification of the denial and the reason for the
6 34 denial. An applicant may seek review of the denial pursuant to
6 35 subsection 4.
7 1 4. The applicant may file an appeal with an administrative
7 2 law judge by filing a copy of the denial with a written
7 3 statement that clearly states the applicant's reasons rebutting
7 4 the denial with a fee of ten dollars. Additional supporting
7 5 information relevant to the proceedings may also be included.
7 6 a. The administrative law judge shall, within forty=five
7 7 days of receipt of the request for an appeal, set a hearing
7 8 date. The hearing may be held by telephone or video conference
7 9 at the discretion of the administrative law judge. The
7 10 administrative law judge shall receive witness testimony and
7 11 other evidence relevant to the proceedings at the hearing. The
7 12 hearing shall be conducted pursuant to chapter 17A.
7 13 b. Upon conclusion of the hearing, the administrative
7 14 law judge shall order that the denial be either rescinded or
7 15 sustained. An applicant shall have the right to judicial
7 16 review in accordance with the terms of chapter 17A.
7 17 c. The standard of review under this section shall be clear
7 18 and convincing evidence that the department's written statement
7 19 of the reasons for the denial constituted probable cause to
7 20 deny the application.
7 21 5. An applicant may still make an application for
7 22 restoration of citizenship rights pursuant to sections 914.1
7 23 through 914.6.
7 24 6. The department of public safety shall adopt rules
7 25 pursuant to chapter 17A to administer this section.
7 26 Sec. 16. Section 914.7, Code 2018, is amended to read as
7 27 follows:
7 28 914.7 Rights not restorable.
7 29 1. Notwithstanding Except as provided in section 724.26A,
7 30 notwithstanding any other provision of this chapter, a person
7 31 who has been convicted of a forcible felony, a felony violation
7 32 of chapter 124 involving a firearm, or a felony violation of
7 33 chapter 724 shall not have the person's rights of citizenship
7 34 restored to the extent of allowing the person to receive,
7 35 transport, or possess firearms.
8 1 2. Notwithstanding Except as provided in section 724.26A,
8 2 notwithstanding any provision of this chapter, a person
8 3 seventeen years of age or younger who commits a public offense
8 4 involving a firearm which is an aggravated misdemeanor against
8 5 a person or a felony shall not have the person's rights of
8 6 citizenship restored to the extent of allowing the person to
8 7 receive, transport, or possess firearms.
8 8 DIVISION III
8 9 CONTINGENT EFFECTIVE DATE
8 10 Sec. 17. CONTINGENT EFFECTIVE DATE. This Act takes effect
8 11 on the date an amendment to Article II, section 5, of the
8 12 Constitution of the State of Iowa is approved and ratified
8 13 by the general public which allows a person convicted of an
8 14 infamous crime to be an elector.
8 15 EXPLANATION
8 16 The inclusion of this explanation does not constitute agreement with
8 17 the explanation's substance by the members of the general assembly.
8 18 This bill relates to the restoration of the rights of
8 19 citizenship.
8 20 DIVISION I ==== RESTORATION OF VOTING RIGHTS. The bill
8 21 requires that the right to register to vote and to vote be
8 22 restored for any individual who has been discharged from
8 23 criminal sentence for any felony. To be discharged from
8 24 criminal sentence, under the bill, an individual must also be
8 25 discharged from any accompanying term of probation, parole, or
8 26 supervised release. The bill does not relieve the individual
8 27 of unpaid restitution, fines, or other obligations resulting
8 28 from conviction. The bill does not limit an individual's
8 29 ability to apply to the governor for a restoration of
8 30 citizenship rights, as currently provided for in Code chapter
8 31 914.
8 32 The bill requires that the department of corrections notify
8 33 an individual whose right to register to vote and to vote
8 34 has been restored on or after January 14, 2011. The bill
8 35 requires, where applicable, the judicial district department of
9 1 correctional services to notify an individual whose rights have
9 2 been restored. The department of corrections is also required
9 3 to monthly provide a list of the individuals notified to the
9 4 state registrar of voters (secretary of state).
9 5 DIVISION II == RESTORATION OF FIREARM RIGHTS. The bill
9 6 provides a person convicted of a class "D" felony, other than a
9 7 forcible felony or domestic abuse assault under Code section
9 8 708.2A(5), may apply to the department of public safety for
9 9 the restoration of the right to possess, receive, or transport
9 10 or cause to be transported a firearm, if all of the following
9 11 apply: 10 years have elapsed from the date of the class
9 12 "D" felony conviction, the applicant has no pending criminal
9 13 charges or felony convictions in the previous 10 years, and the
9 14 applicant would otherwise be eligible to possess, receive, or
9 15 transport or cause to be transported a firearm.
9 16 The bill requires the department of public safety to conduct
9 17 a criminal background check on the applicant including an
9 18 inquiry of the national instant criminal background check
9 19 system maintained by the federal bureau of investigation or
9 20 any successor agency to determine if the application meets the
9 21 requirements for restoration of firearm rights established in
9 22 the bill.
9 23 If the application is approved by the department of public
9 24 safety, the bill requires the department of public safety to
9 25 issue a certificate of restoration of firearm rights to the
9 26 applicant. The bill specifies the certification shall be proof
9 27 the firearm rights of the applicant have been restored unless
9 28 the rights are subsequently taken away by a disqualifying
9 29 event.
9 30 The bill requires one copy of the certification be delivered
9 31 to the applicant and one copy shall be delivered to the clerk
9 32 of the district court where the judgment of the class "D"
9 33 felony is of record.
9 34 If the department of public safety denies the application
9 35 under the bill, the department shall provide the applicant
10 1 with written notification of the denial and the reason for the
10 2 denial. The bill permits an applicant to seek review of the
10 3 denial.
10 4 If the applicant appeals the denial of the application
10 5 of the department of public safety, the bill requires the
10 6 administrative law judge to set a hearing date within 45 days
10 7 of receipt of the request for an appeal. The hearing may be
10 8 held by telephone or video conference at the discretion of the
10 9 administrative law judge. The administrative law judge shall
10 10 receive witness testimony and other evidence relevant to the
10 11 proceedings at the hearing. The hearing shall be conducted
10 12 pursuant to Code chapter 17A.
10 13 The bill does not prohibit an applicant to make an
10 14 application for restoration of citizenship rights pursuant to
10 15 Code sections 914.1 through 914.6.
10 16 The bill also makes conforming changes to Code sections
10 17 724.26 and 914.7.
10 18 DIVISION III == CONTINGENT EFFECTIVE DATE. The bill takes
10 19 effect on the date an amendment to Article II, section 5,
10 20 of the Constitution of the State of Iowa is ratified by the
10 21 general public which allows a person convicted of an infamous
10 22 crime to be an elector.
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