House File 402
HOUSE FILE
BY RAECKER, MADDOX, ELGIN,
JOCHUM, and MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the restoration of the right to vote for
2 certain persons who have made full restitution and who have
3 been discharged from probation, parole, or work release, or
4 who have been released from confinement.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2576YH 80
7 sc/sh/8
PAG LIN
1 1 Section 1. Section 48A.6, subsection 1, Code 2003, 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 602.8102, Code 2003, is amended by adding
1 10 the following new subsection:
1 11 NEW SUBSECTION. 16. Notify a person that the person has
1 12 made full restitution, including the community service
1 13 requirement, and that if the person has been discharged from
1 14 probation, parole, or work release or has been released from
1 15 confinement because the term of confinement is completed, the
1 16 person may apply to register to vote.
1 17 Sec. 3. Section 910.9, Code 2003, is amended by adding the
1 18 following new unnumbered paragraph:
1 19 NEW UNNUMBERED PARAGRAPH. The clerk of the sentencing
1 20 court shall notify the offender that full restitution,
1 21 including the community service requirement, has been made,
1 22 and that if the offender has been discharged from probation,
1 23 parole, or work release or has been released from confinement
1 24 because the term of confinement is completed, the offender may
1 25 apply to register to vote.
1 26 Sec. 4. Section 914.2, Code 2003, is amended to read as
1 27 follows:
1 28 914.2 RIGHT OF APPLICATION.
1 29 Except as otherwise provided in section 902.2 or 914.8, a
1 30 person convicted of a criminal offense has the right to make
1 31 application to the board of parole for recommendation or to
1 32 the governor for a reprieve, pardon, commutation of sentence,
1 33 remission of fines or forfeitures, or restoration of rights of
1 34 citizenship at any time following the conviction.
1 35 Sec. 5. Section 914.6, subsection 3, Code 2003, is amended
2 1 to read as follows:
2 2 3. In the case of a remission of fines and forfeitures,
2 3 restoration of rights of citizenship other than the right to
2 4 register to vote and to vote, or a pardon, commutation of
2 5 sentence, or reprieve, if the person is not in custody, one
2 6 copy of the executive instrument shall be delivered to the
2 7 person and one copy to the clerk of the district court where
2 8 the judgment is of record. A list of the restorations of
2 9 rights of citizenship issued by the governor shall be
2 10 delivered to the state registrar of voters at least once each
2 11 month.
2 12 Sec. 6. NEW SECTION. 914.8 RESTORATION OF RIGHT TO
2 13 REGISTER AND TO VOTE.
2 14 1. A person convicted of a felony criminal offense who has
2 15 been discharged from probation under section 907.9, discharged
2 16 from parole or work release under section 906.15, or who is
2 17 released from confinement under section 902.6 because the
2 18 person has completed the person's term of confinement, and who
2 19 has made full restitution, including fulfilling the community
2 20 service requirement, shall have the right to register to vote
2 21 and to vote restored in the manner provided in this section.
2 22 2. Upon discharge from confinement or supervision, the
2 23 department of corrections or judicial district department of
2 24 correctional services, whichever is applicable, shall provide
2 25 written notice to the inmate, parolee, or probationer of the
2 26 person's discharge which shall include a voter registration
2 27 form and a statement that the person's right to register to
2 28 vote and to vote will be restored upon making full
2 29 restitution, including fulfilling the community service
2 30 requirement, and that the clerk of court will notify the
2 31 person when full restitution has been made. The notice shall
2 32 also inform the person that when first registering to vote
2 33 after discharge, the person must present to the commissioner
2 34 of registration the discharge notice and the notice that full
2 35 restitution has been made.
3 1 3. A person convicted of a class "A" felony whose sentence
3 2 has been commuted by the governor shall not be allowed to
3 3 register to vote.
3 4 EXPLANATION
3 5 This bill makes restoration of the right to register to
3 6 vote and to vote automatic upon a person's release from
3 7 probation, parole, or work release, or upon completion of the
3 8 person's term of confinement and upon the person making full
3 9 restitution, including completion of a community service
3 10 requirement.
3 11 The bill requires the department of corrections or the
3 12 judicial district department of correctional services to
3 13 provide written notice upon discharge from confinement or
3 14 supervision that a person's voting rights will be restored
3 15 when full restitution is made and that the person must provide
3 16 written notice of discharge and written notice that full
3 17 restitution has been made when registering to vote. The
3 18 notice shall also include a voter registration form.
3 19 The bill does not extend restoration of the right to
3 20 register to vote and to vote to persons convicted of a class
3 21 "A" felony whose sentence has been commuted by the governor.
3 22 The bill requires the clerk of the sentencing court to
3 23 notify the offender that full restitution has been made, and
3 24 that, if the person has been discharged from probation,
3 25 parole, or work release, or released from confinement, the
3 26 person may register to vote.
3 27 LSB 2576YH 80
3 28 sc/sh/8.1