Alabama 2023 Regular Session

Alabama House Bill HB96 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB96INTRODUCED
2	2	Page 0
3	3	SBMM55-1
4	4	By Representative Hall
5	5	RFD: Constitution, Campaigns and Elections
6	6	First Read: 07-Mar-23
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11	11	5 SBMM55-1 02/22/2023 ANS (L) cr 2023-478
12	12	Page 1
13	13	SYNOPSIS:
14	14	Under existing law, an individual who has lost
15	15	his or her right to vote based upon a past criminal
16	16	conviction may apply to the Board of Pardons and
17	17	Paroles for a Certificate of Eligibility to Register to
18	18	Vote under certain circumstances, including payment of
19	19	all fines, court costs, fees, and victim restitution as
20	20	ordered by the sentencing court and completion of
21	21	probation or parole and release from compliance by the
22	22	court or Board of Pardons and Paroles.
23	23	This bill would eliminate the application
24	24	requirement and the Certificate of Eligibility to
25	25	Register to Vote and require the Board of Pardons and
26	26	Paroles to determine whether an individual may have his
27	27	or her right to vote restored if the individual has
28	28	lost his or her right to vote by reason of conviction
29	29	in a state or federal court and has been pardoned or
30	30	released from incarceration or period of probation or
31	31	parole.
32	32	This bill would allow an indigent individual to
33	33	have his or her right to vote restored if he or she has
34	34	paid all fines and restitution and is in compliance
35	35	with an approved payment plan for the payment of court
36	36	costs and fees or an approved community service plan to
37	37	offset the payment of court costs and fees.
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65	65	28 HB96 INTRODUCEDHB96 INTRODUCED
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67	67	A BILL
68	68	TO BE ENTITLED
69	69	AN ACT
70	70	Relating to voting rights; to amend Sections
71	71	15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
72	72	eliminate the application requirement and the Certificate of
73	73	Eligibility to Register to Vote; to require the Board of
74	74	Pardons and Paroles to determine whether an individual may
75	75	have his or her right to vote restored if the individual has
76	76	lost his or her right to vote by reason of conviction in a
77	77	state or federal court and has been pardoned or released from
78	78	incarceration or period of probation or parole; to allow an
79	79	indigent individual to have his or her right to vote restored
80	80	if he or she has paid all fines and restitution and is in
81	81	compliance with an approved payment plan for the payment of
82	82	court costs and fees or an approved community service plan to
83	83	offset the payment of court costs and fees; to remove
84	84	impeachment from the list of offenses that prohibit an
85	85	individual from having his or her right to vote restored to
86	86	make consistent with existing law; and to add Section
87	87	17-3-31.1 to the Code of Alabama 1975, to require notification
88	88	to the individual that his or her right to vote has been
89	89	restored.
90	90	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
91	91	Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
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121	121	Code of Alabama 1975, are amended to read as follows:
122	122	"§15-22-36.1
123	123	(a) Any other provision of law notwithstanding Except as
124	124	provided in subsection (h) , any person individual who has lost
125	125	his or her right to vote by reason of conviction in a state or
126	126	federal court, regardless of the date of his or her sentence,
127	127	may apply to the Board of Pardons and Paroles for a
128	128	Certificate of Eligibility to Register to Vote shall have his
129	129	or her right to vote restored if all both of the following
130	130	requirements criteria are met on all disqualifying cases :
131	131	(1) The person has lost his or her right to vote by
132	132	reason of conviction in a state or federal court in any case
133	133	except those listed in subsection (g).
134	134	(2) The person has no criminal felony charges pending
135	135	against him or her in any state or federal court.
136	136	(3) The person has paid all fines, court costs, fees,
137	137	and victim restitution ordered by the sentencing court at the
138	138	time of sentencing on disqualifying cases.
139	139	(1) The individual has done either of the following:
140	140	a. Paid all fines, court costs, fees, and restitution
141	141	ordered by the sentencing court at the time of sentencing.
142	142	b. Paid all fines and restitution ordered by the
143	143	sentencing court and with regard to all court costs and fees,
144	144	has done either of the following:
145	145	1. Made all payments for a period of not less than one
146	146	year on court costs and fees pursuant to an approved payment
147	147	plan.
148	148	2. Complied with an approved community service plan
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178	178	pursuant to Section 3 of the act adding this amendatory
179	179	language for a period of not less than one year.
180	180	(4)(2) Any of the following are true:
181	181	a. The person individual has been released upon
182	182	completion of sentence.
183	183	b. The person individual has been pardoned.
184	184	c. The person individual has successfully completed
185	185	probation or parole and has been released from compliance by
186	186	the ordering entity.
187	187	(b) The circuit clerk of the court in which any
188	188	outstanding fines, court costs, fees, or restitution are owed
189	189	shall apply payments in the following order of priority:
190	190	(1) To any restitution owed on a disqualifying case.
191	191	(2) To any fines owed on a disqualifying case.
192	192	(3) To any restitution owed on a non-disqualifying
193	193	case.
194	194	(4) To any fines, court costs, or fees owed on a
195	195	non-disqualifying case.
196	196	(b)(c) The Certificate of Eligibility to Register to
197	197	Vote shall be granted board shall restore an individual's
198	198	right to vote upon a determination that all of the individual
199	199	has met the requirements criteria set forth in subsection (a)
200	200	are fulfilled.
201	201	(c) Upon receipt of an application under this section,
202	202	(d) When an individual, who has lost his or her right
203	203	to vote by reason of conviction in a state or federal court in
204	204	any case except those listed in subsection (h) has met one of
205	205	the criteria set forth in subdivision (a)(2), the Board of
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235	235	Pardons and Paroles shall conduct a review to determine if the
236	236	individual has complied with the criteria set forth in
237	237	subdivision (a)(1) investigation of the request shall be
238	238	assigned forthwith to an officer of the state Board of Pardons
239	239	and Paroles. The An assigned officer of the board shall
240	240	verify, through court records, records of the board, and
241	241	records of the Department of Corrections, that the applicant
242	242	individual has met the qualifications criteria set out in
243	243	subsection (a). Within 30 14 calendar days of the initial
244	244	application for a Certificate of Eligibility to Register to
245	245	Vote review, the officer shall draft a report of his or her
246	246	findings including a statement as to whether the applicant
247	247	individual has successfully completed his or her sentence and
248	248	has complied with all the eligibility requirements criteria
249	249	provided in subsection (a).
250	250	(d)(e) After completing the investigation review set
251	251	out in subsection (c) (d), the officer shall submit his or her
252	252	report of investigation to the Executive Director of the Board
253	253	of Pardons and Paroles.
254	254	(e)(f) If the report created pursuant to subsection (c)
255	255	(d) states that the applicant individual has met all of the
256	256	eligibility criteria set forth in subsection (a), and the
257	257	executive director or his or her designee attests that the
258	258	report has been submitted properly and accurately, the Board
259	259	of Pardons and Paroles shall issue a Certificate of
260	260	Eligibility to Register to Vote to restore the individual's
261	261	right to vote and shall notify the applicant individual that
262	262	his or her right to vote has been restored within 14 calendar
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292	292	days of receipt of the report by the executive director.
293	293	(f)(g) If the report created pursuant to subsection (c)
294	294	(d) states that the applicant individual has not met all of
295	295	the eligibility criteria set forth in subsection (a), and the
296	296	executive director or his or her designee attests that the
297	297	report has been submitted properly and accurately, the Board
298	298	of Pardons and Paroles shall not issue a Certificate of
299	299	Eligibility to Register to Vote and shall not restore the
300	300	individual's right to vote and shall notify the applicant
301	301	individual of the decision not to restore his or her right to
302	302	vote and reason or reasons for the decision within 14 calendar
303	303	days of receipt of the report by the executive director. The
304	304	notice shall state what measures the individual must undertake
305	305	in order to have his or her right to vote restored. The
306	306	applicant, upon completion of the eligibility requirement in
307	307	subsection (a) for restoration of his or her rights,
308	308	individual may submit a new application a written request for
309	309	a new review at any time if he or she has met the
310	310	certification criteria . Upon receipt of a new request, the
311	311	board shall conduct a review pursuant to the requirements set
312	312	forth in subsections (d) through(g) .
313	313	(g) A person(h) An individual who has lost his or her
314	314	right to vote by reason of conviction in a state or federal
315	315	court for any of the following offenses as they are set forth
316	316	in Section 17-3-30.1 will not be eligible to apply for a
317	317	Certificate of Eligibility to Register to Vote under this
318	318	sectionis not eligible to have his or her right to vote
319	319	restored: Impeachment, murder Murder, rape in any degree,
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349	349	sodomy in any degree, sexual abuse in any degree, incest,
350	350	sexual torture, enticing a child to enter a vehicle for
351	351	immoral purposes, soliciting electronic solicitation of a
352	352	child by computer, production of obscene matter involving a
353	353	minor containing visual depiction of persons under 17 years of
354	354	age involved in obscene acts, distribution, possession with
355	355	intent to distribute, production of obscene material, or offer
356	356	or agreement to distribute or produce obscene material ,
357	357	production of obscene matter, parents or guardians permitting
358	358	children to engage in production of obscene matter, possession
359	359	of obscene matter, possession with intent to distribute child
360	360	pornography, ordissemination or public display of obscene
361	361	matter containing visual depiction of persons under 17 years
362	362	of age involved in obscene acts, possession and possession
363	363	with intent to disseminate obscene matter containing visual
364	364	depiction of persons under 17 years of age involved in obscene
365	365	acts, treason, or any crime as defined by the laws of the
366	366	United State or by the laws of another state, territory,
367	367	country, or other jurisdiction, which, if committed in this
368	368	state, would constitute one of the offenses listed in this
369	369	subsection.
370	370	(h)(i) This section shall not affect the right of any
371	371	person individual to apply to the board for a pardon with
372	372	restoration of voting rights pursuant to Section 15-22-36.
373	373	(i)(j) Each state or county correctional facility,
374	374	prison, or jail shall post materials to be prepared by the
375	375	Secretary of State and the Board of Pardons and Paroles
376	376	notifying incarcerated individuals of the requirements
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406	406	criteria and procedures for having one's voting rights
407	407	restored.
408	408	(k) No later than September 1, 2024, the Board of
409	409	Pardons and Paroles and the Secretary of State shall jointly
410	410	develop and make available on each agency's website a form
411	411	with instructions for any individual who met one of the
412	412	criteria set forth in subdivision (a)(2) prior to the
413	413	effective date of the act adding this amendatory language to
414	414	submit to the Board of Pardons and Paroles for review pursuant
415	415	to the requirements set forth in subsections (d) through (g).
416	416	(l) The Board of Pardons and Paroles shall provide the
417	417	Secretary of State with an individual's address and the date
418	418	upon which the board restored the right to vote to an
419	419	individual who has lost his or her right to vote by reason of
420	420	conviction in a state or federal court.
421	421	(m) The Board of Pardons and Paroles shall post on the
422	422	board's website a list of individuals whose right to vote has
423	423	been restored pursuant to this section but does not have a
424	424	known address."
425	425	"§17-3-31
426	426	(a) Any person individual who is disqualified by reason
427	427	of conviction of any of the offenses mentioned in offense
428	428	designated pursuant to Section 17-3-30.1 as a felony involving
429	429	moral turpitude for the purposes of Article VIII, Section 177
430	430	of the Constitution of Alabama of 1901 2022, except treason
431	431	and impeachment, whether the conviction was had in a state or
432	432	federal court, and who has been pardoned, may be restored to
433	433	citizenship with the right to vote by the State Board of
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463	463	Pardons and Paroles when specifically expressed in the pardon.
464	464	If otherwise qualified, such person the individual shall be
465	465	permitted to register or reregister as an elector upon
466	466	submission of a copy of the pardon document to the board of
467	467	registrars of the county of his or her residence. In addition,
468	468	any person
469	469	(b)Any individual who has been granted a Certificate of
470	470	Eligibility to Register to Vote by the Board of Pardons and
471	471	Paroles pursuant to Section 15-22-36.1 was registered to vote
472	472	at any time prior to losing his or her right to vote by reason
473	473	of conviction in a state or federal court and has met the
474	474	eligibility criteria set forth in Section 15-22-36.1(a) as
475	475	determined by the Board of Pardons and Paroles , shall be
476	476	eligible to vote.
477	477	(c) Any individual who was not registered at any time
478	478	prior to losing his or her right to vote by reason of
479	479	conviction in a state or federal court and has met the
480	480	eligibility criteria set forth in Section 15-22-36.1(a) as
481	481	determined by the Board of Pardons and Paroles, shall be
482	482	permitted to register or reregister as an elector upon
483	483	submission of a copy of the certificate to the board of
484	484	registrars of the county of his or her residence ."
485	485	"§17-4-3
486	486	(a) Each county board of registrars shall purge the
487	487	computerized statewide voter registration list on a continuous
488	488	basis, whenever it receives and confirms information that a
489	489	person registered to vote in that county has died, become a
490	490	nonresident of the state or county, been declared mentally
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520	520	incompetent, been convicted of any offense designated pursuant
521	521	to Section 17-3-30.1 as a felony involving moral turpitude for
522	522	the purposes of Article VIII, Section 177 of the Constitution
523	523	of Alabama of 1901 2022, since being registered, or otherwise
524	524	become disqualified as an elector. Except as provided below, a
525	525	person convicted of a disqualifying criminal offense shall be
526	526	notified by certified mail sent to the voter's last known
527	527	address of the board's intention to strike his or her name
528	528	from the list. No person convicted of a disqualifying crime
529	529	may be stricken from the poll list while an appeal from the
530	530	conviction is pending.
531	531	(b) On the date set in the notice, or at a later date
532	532	to which the case may have been continued by the board, the
533	533	board shall proceed to consider the case of the elector whose
534	534	name it proposes to strike from the registration list and make
535	535	its determination. Any person whose name is stricken from the
536	536	list may appeal from the decision of the board without giving
537	537	security for costs, and the board shall forthwith certify the
538	538	proceedings to the judge of probate who shall docket the case
539	539	in the probate court.
540	540	(c) An appeal from the judge of probate shall be as
541	541	appeals set forth in Section 17-3-55.
542	542	(d) In the event the Board of Pardons and Paroles is
543	543	supervising a person convicted of a disqualifying criminal
544	544	offense on probation or parole, and the person has received
545	545	face-to-face counseling from the supervising officer regarding
546	546	voter disqualification and executed documentation explaining
547	547	the loss and restoration of civil and political rights, upon
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577	577	receipt of the documentation, signed by the disqualified
578	578	elector, the county board of registrars shall be exempt from
579	579	providing notice as otherwise required by this section. The
580	580	document administered by the Board of Pardons and Paroles and
581	581	to be signed by the disqualified elector shall contain the
582	582	following statement: "Any person convicted of a disqualifying
583	583	felony loses his or her civil and political rights, which
584	584	includes the right to vote. Restoration of these rights may be
585	585	applied for These rights may be restored through the Central
586	586	Montgomery Office of the Board of Pardons and Paroles, but
587	587	only upon completion of the requirements of Section
588	588	15-22-36.1(a)."
589	589	(e) The Board of Pardons and Paroles shall provide
590	590	signed documentation to county boards of registrars to
591	591	indicate those persons under probation or parole supervision
592	592	with the board who have been convicted of a disqualifying
593	593	criminal offense and been counseled regarding voter
594	594	disqualification and the restoration of civil and political
595	595	rights, and may otherwise share privileged records and files
596	596	with county boards of registrars for the limited purpose of
597	597	implementing the requirements of this section.
598	598	(f) When the board has sufficient evidence furnished it
599	599	that any elector has permanently moved from one precinct to
600	600	another within the county, it shall change the elector's
601	601	precinct designation in the voter registration list, and shall
602	602	give notice by mail to the elector of the precinct in which
603	603	the elector is registered to vote.
604	604	(g) The Secretary of State and the Board of Pardons and
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634	634	Paroles may promulgate adopt rules in accordance with the
635	635	Alabama Administrative Procedure Act as necessary to implement
636	636	this section."
637	637	Section 2. Section 17-3-31.1 is added to the Code of
638	638	Alabama 1975, to read as follows:
639	639	(a) Upon receipt of information provided by the Board
640	640	of Pardons and Paroles pursuant to Section 15-22-36.1(l), the
641	641	Secretary of State shall notify the individual and the board
642	642	of registrars of the county in which the individual resides of
643	643	the date upon which the board restored his or her right to
644	644	vote.
645	645	(b) The board of registrars of the county in which the
646	646	individual resides shall add the individual's name to the poll
647	647	list and notify the individual of the date that he or she is
648	648	eligible to vote. This subsection does not apply to any
649	649	individual who has had his or her right to vote restored but
650	650	has never registered to vote prior to losing his or her right
651	651	to vote by reason of conviction in a state or federal court.
652	652	(c) Notwithstanding the provisions of Section
653	653	15-22-36.1(l), if an individual, who has had his or her right
654	654	to vote restored pursuant to Section 15-22-36.1, but does not
655	655	have a known address, the Board of Pardons and Paroles shall
656	656	not be required to notify the Secretary of State of the
657	657	individual's address.
658	658	Section 3. (a) As used in this section, the following
659	659	terms have the following meanings:
660	660	(1) BOARD. The Board of Pardons and Paroles.
661	661	(2) COMMUNITY SERVICE PLAN. A plan designed by the
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691	691	board, through the community service program, for an indigent
692	692	individual to offset the payment of court costs and fees.
693	693	(3) COMMUNITY SERVICE PROGRAM. A program established by
694	694	the board pursuant to subsection (b).
695	695	(b) The board shall establish a community service
696	696	program in order to develop options and requirements for
697	697	individuals who are indigent to engage in community service to
698	698	offset the payment of court costs and fees. The community
699	699	service program shall establish guidelines for the design of
700	700	community service plans under the program. The board shall
701	701	annually submit a report to the Legislative Council to
702	702	consider the nonprofit programs offered to individuals by the
703	703	board, the use of resources, and the success or shortcomings
704	704	of the program.
705	705	(c) The board shall not require any individual to
706	706	participate in the community service program. No individual
707	707	shall participate in a community service program without his
708	708	or her informed consent.
709	709	(d) An individual in the community service program
710	710	shall receive credit for outstanding court costs and fees at
711	711	an amount equal to the specified hourly credit rate per hour
712	712	of community service performed, which shall reduce the
713	713	outstanding court costs and fees by the amount of the credit.
714	714	The circuit clerk of the court in which the outstanding court
715	715	costs and fees are owed shall apply the credit in the order of
716	716	priority set forth in Section 15-22-36.1(b), Code of Alabama
717	717	1975. As used in this subsection, the term "specified hourly
718	718	credit rate" means the wage rate that is specified in 29
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748	748	U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
749	749	(e) The board shall establish a community service
750	750	program by December 31, 2023.
751	751	(f) An individual demonstrating economic hardship may
752	752	petition the board to participate in a community service plan
753	753	to offset the payment of court costs and fees.
754	754	Section 4. This act shall become effective on the first
755	755	day of the third month following its passage and approval by
756	756	the Governor, or its otherwise becoming law.
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