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Senate File 86

Partial Bill History

Bill Introduced: S.J. 206
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 48A.6, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  A person who has been convicted of a felony as defined
  1  4 in section 701.7, or convicted of an offense classified as a
  1  5 felony under federal law.  If When the person's rights are
  1  6 later restored by the governor, or by the president of the
  1  7 United States, pursuant to section 914.8, the person may
  1  8 register to vote.
  1  9    Sec. 2.  Section 914.2, Code 1999, is amended to read as
  1 10 follows:
  1 11    914.2  RIGHT OF APPLICATION.
  1 12    Except as otherwise provided in section 902.2 or 914.8, a
  1 13 person convicted of a criminal offense has the right to make
  1 14 application to the board of parole for recommendation or to
  1 15 the governor for a reprieve, pardon, commutation of sentence,
  1 16 remission of fines or forfeitures, or restoration of rights of
  1 17 citizenship at any time following the conviction.
  1 18    Sec. 3.  Section 914.6, subsection 3, Code 1999, is amended
  1 19 to read as follows:
  1 20    3.  In the case of a remission of fines and forfeitures,
  1 21 restoration of rights of citizenship other than the right to
  1 22 register to vote and to vote, or a pardon, commutation of
  1 23 sentence, or reprieve, if the person is not in custody, one
  1 24 copy of the executive instrument shall be delivered to the
  1 25 person and one copy to the clerk of the district court where
  1 26 the judgment is of record.  A list of the restorations of
  1 27 rights of citizenship issued by the governor shall be
  1 28 delivered to the state registrar of voters at least once each
  1 29 month.
  1 30    Sec. 4.  NEW SECTION.  914.8  RESTORATION OF RIGHT TO
  1 31 REGISTER AND TO VOTE.
  1 32    1.  A person convicted of a felony criminal offense who has
  1 33 been discharged from probation under section 907.9, discharged
  1 34 from parole under section 906.15, or who is released from
  1 35 confinement under section 902.6 because the person has
  2  1 completed the person's term of confinement shall have the
  2  2 right to register to vote and to vote restored in the manner
  2  3 provided in this section.
  2  4    2.  The board of parole shall be responsible for the
  2  5 issuance of certificates of restoration of the right to
  2  6 register to vote and to vote.  Each month the board shall
  2  7 issue such certificates in the names of persons who have been
  2  8 discharged from probation or parole or who are scheduled to be
  2  9 released in the following month.  A certificate of restoration
  2 10 shall be issued by the board of parole in triplicate to the
  2 11 officer having custody of or who is or was responsible for
  2 12 supervision of the person.  The officer, upon receipt of the
  2 13 certificates, shall do all of the following:
  2 14    a.  Retain one copy of the certificate.
  2 15    b.  Enter the appropriate notations on the records of the
  2 16 office.
  2 17    c.  On one copy, make a written return as required by the
  2 18 order and forward the copy to the clerk of the district court
  2 19 where the judgment is of record.
  2 20    d.  Deliver the third copy to the person, if the person is
  2 21 in custody, upon that person's release from custody.
  2 22    3.  If the person is not in custody, one copy of the
  2 23 certificate shall be delivered to the person and one copy to
  2 24 the clerk of the district court where the judgment is of
  2 25 record.
  2 26    4.  A list of restorations of right to register to vote and
  2 27 to vote issued by the board shall be delivered to the state
  2 28 registrar of voters at least once each month in the month
  2 29 following issuance of such restoration certificates.
  2 30    5.  The clerk of the district court, upon receipt of the
  2 31 copy of the certificate of restoration of right to register to
  2 32 vote and to vote, shall immediately file and preserve the copy
  2 33 in the clerk's office and note the filing on the judgment
  2 34 docket of the case.  
  2 35                           EXPLANATION 
  3  1    This bill makes restoration of the right to register to
  3  2 vote and to vote automatic upon a person's release from
  3  3 probation, parole, or upon completion of the person's term of
  3  4 confinement.  The bill makes the board of parole responsible
  3  5 for issuing certificates of restoration.  The bill provides
  3  6 that the board is to send three copies of the certificate of
  3  7 restoration to the officer having custody of the person.  The
  3  8 officer is to retain one copy, send one copy to the
  3  9 appropriate clerk of the district court, and deliver one copy
  3 10 to the person upon the person's release from custody.
  3 11    The bill requires the board of parole to, once each month,
  3 12 send a list of those persons receiving certificates of
  3 13 restoration in the previous month to the state registrar of
  3 14 voters.  
  3 15 LSB 1556XS 78
  3 16 sc/jw/5.1

Text: SF00085                           Text: SF00087
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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