House File 445

                                       HOUSE FILE       
                                       BY  FORD


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the process for restoring for certain persons
  2    the right to register to vote and to vote and providing an
  3    applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2799HH 80
  6 sc/pj/5

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 914.2, Code 2003, 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.  NEW SECTION.  914.8  RESTORATION OF RIGHT TO
  1 19 REGISTER AND TO VOTE.
  1 20    1.  When a person, who has once been convicted of a felony
  1 21 criminal offense, is discharged from probation under section
  1 22 907.9, discharged from parole or work release under section
  1 23 906.15, or released from confinement under section 902.6
  1 24 because the person has completed the person's term of
  1 25 confinement, the person's right to register to vote and to
  1 26 vote is restored.
  1 27    2.  Upon discharge from confinement or supervision, the
  1 28 department of corrections or judicial district department of
  1 29 correctional services, whichever is applicable, shall provide
  1 30 written notice to the inmate, parolee, or probationer of the
  1 31 person's discharge which shall include a voter registration
  1 32 form and a statement containing the following information:
  1 33    a.  That the person's right to register to vote and to vote
  1 34 has been restored.
  1 35    b.  That in the month following the month of discharge, the
  2  1 department of corrections will notify the county auditor of
  2  2 the person's discharge from confinement or supervision.
  2  3    c.  That the person may register to vote by mail using the
  2  4 form enclosed with the statement or that the person may
  2  5 register to vote in person at the county auditor's office in
  2  6 the county where the person will be residing.
  2  7    3.  The department of corrections shall monthly provide a
  2  8 list of all persons discharged from confinement or supervision
  2  9 to the state registrar of voters who shall provide the
  2 10 information to the county registrars of voters as deemed
  2 11 necessary.
  2 12    4.  For a person who has more than once been convicted of a
  2 13 felony and upon that person's discharge from confinement or
  2 14 supervision, the department of corrections or judicial
  2 15 district department of correctional services, whichever is
  2 16 applicable, shall provide written notice to the inmate,
  2 17 parolee, or probationer of the person's discharge which shall
  2 18 include a statement informing the person that the person must
  2 19 apply for a restoration of rights of citizenship in order to
  2 20 register to vote and to vote and information on the method by
  2 21 which citizenship rights are restored.
  2 22    Sec. 4.  APPLICABILITY.  This Act applies to persons
  2 23 discharged from probation, parole, work release, or otherwise
  2 24 released from confinement on or after July 1, 2003.
  2 25                           EXPLANATION
  2 26    This bill makes restoration of the right to register to
  2 27 vote and to vote automatic upon a person's release from
  2 28 probation, parole, or work release, or upon completion of the
  2 29 person's term of confinement if the person has only once been
  2 30 convicted of a felony offense.  The bill requires the
  2 31 department of corrections or the judicial district department
  2 32 of correctional services to provide written notice of
  2 33 restoration of voting rights and a voter registration form to
  2 34 such persons upon discharge from confinement or supervision.
  2 35    The bill requires the department of corrections to, once
  3  1 each month, send a list of those persons discharged from
  3  2 confinement or supervision to the state registrar of voters.
  3  3    The bill also requires the department of corrections or the
  3  4 judicial district department of correctional services to
  3  5 notify persons who have more than once been convicted of a
  3  6 felony and who have been discharged from confinement or
  3  7 supervision of the method by which they can have their rights
  3  8 of citizenship restored.
  3  9    The bill applies to persons discharged on or after July 1,
  3 10 2003.
  3 11 LSB 2799HH 80
  3 12 sc/pj/5