Alabama 2023 Regular Session

Alabama Senate Bill SB121 Compare Versions

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

Old	New	Differences
1	1	SB121INTRODUCED
2	2	Page 0
3	3	I5L16Z-1
4	4	By Senator Coleman-Madison
5	5	RFD: Judiciary
6	6	First Read: 22-Mar-23
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11	11	5 I5L16Z-1 03/21/2023 ANS (L) cr 2023-1090
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 SB121 INTRODUCEDSB121 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 court costs or fees owed on a disqualifying
195	195	case.
196	196	(5) To any fines, court costs, or fees owed on a
197	197	non-disqualifying case.
198	198	(b)(c) The Certificate of Eligibility to Register to
199	199	Vote shall be granted board shall restore an individual's
200	200	right to vote upon a determination that all of the individual
201	201	has met the requirements criteria set forth in subsection (a)
202	202	are fulfilled.
203	203	(c) Upon receipt of an application under this section,
204	204	(d) When an individual, who has lost his or her right
205	205	to vote by reason of conviction in a state or federal court in
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235	235	any case except those listed in subsection (h) has met one of
236	236	the criteria set forth in subdivision (a)(2), the Board of
237	237	Pardons and Paroles shall conduct a review to determine if the
238	238	individual has complied with the criteria set forth in
239	239	subdivision (a)(1) investigation of the request shall be
240	240	assigned forthwith to an officer of the state Board of Pardons
241	241	and Paroles. The An assigned officer of the board shall
242	242	verify, through court records, records of the board, and
243	243	records of the Department of Corrections, that the applicant
244	244	individual has met the qualifications criteria set out in
245	245	subsection (a). Within 30 14 calendar days of the initial
246	246	application for a Certificate of Eligibility to Register to
247	247	Vote review, the officer shall draft a report of his or her
248	248	findings including a statement as to whether the applicant
249	249	individual has successfully completed his or her sentence and
250	250	has complied with all the eligibility requirements criteria
251	251	provided in subsection (a).
252	252	(d)(e) After completing the investigation review set
253	253	out in subsection (c) (d), the officer shall submit his or her
254	254	report of investigation to the Executive Director of the Board
255	255	of Pardons and Paroles.
256	256	(e)(f) If the report created pursuant to subsection (c)
257	257	(d) states that the applicant individual has met all of the
258	258	eligibility criteria set forth in subsection (a), and the
259	259	executive director or his or her designee attests that the
260	260	report has been submitted properly and accurately, the Board
261	261	of Pardons and Paroles shall issue a Certificate of
262	262	Eligibility to Register to Vote to restore the individual's
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292	292	right to vote and shall notify the applicant individual that
293	293	his or her right to vote has been restored within 14 calendar
294	294	days of receipt of the report by the executive director.
295	295	(f)(g) If the report created pursuant to subsection (c)
296	296	(d) states that the applicant individual has not met all of
297	297	the eligibility criteria set forth in subsection (a), and the
298	298	executive director or his or her designee attests that the
299	299	report has been submitted properly and accurately, the Board
300	300	of Pardons and Paroles shall not issue a Certificate of
301	301	Eligibility to Register to Vote and shall not restore the
302	302	individual's right to vote and shall notify the applicant
303	303	individual of the decision not to restore his or her right to
304	304	vote and reason or reasons for the decision within 14 calendar
305	305	days of receipt of the report by the executive director. The
306	306	notice shall state what measures the individual must undertake
307	307	in order to have his or her right to vote restored. The
308	308	applicant, upon completion of the eligibility requirement in
309	309	subsection (a) for restoration of his or her rights,
310	310	individual may submit a new application a written request for
311	311	a new review at any time if he or she has met the
312	312	certification criteria . Upon receipt of a new request, the
313	313	board shall conduct a review pursuant to the requirements set
314	314	forth in subsections (d) through(g) .
315	315	(g) A person(h) An individual who has lost his or her
316	316	right to vote by reason of conviction in a state or federal
317	317	court for any of the following offenses as they are set forth
318	318	in Section 17-3-30.1 will not be eligible to apply for a
319	319	Certificate of Eligibility to Register to Vote under this
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349	349	sectionis not eligible to have his or her right to vote
350	350	restored: Impeachment, murder Murder, rape in any degree,
351	351	sodomy in any degree, sexual abuse in any degree, incest,
352	352	sexual torture, enticing a child to enter a vehicle for
353	353	immoral purposes, soliciting electronic solicitation of a
354	354	child by computer, production of obscene matter involving a
355	355	minor containing visual depiction of persons under 17 years of
356	356	age involved in obscene acts, distribution, possession with
357	357	intent to distribute, production of obscene material, or offer
358	358	or agreement to distribute or produce obscene material ,
359	359	production of obscene matter, parents or guardians permitting
360	360	children to engage in production of obscene matter, possession
361	361	of obscene matter, possession with intent to distribute child
362	362	pornography, ordissemination or public display of obscene
363	363	matter containing visual depiction of persons under 17 years
364	364	of age involved in obscene acts, possession and possession
365	365	with intent to disseminate obscene matter containing visual
366	366	depiction of persons under 17 years of age involved in obscene
367	367	acts, treason, or any crime as defined by the laws of the
368	368	United State or by the laws of another state, territory,
369	369	country, or other jurisdiction, which, if committed in this
370	370	state, would constitute one of the offenses listed in this
371	371	subsection.
372	372	(h)(i) This section shall not affect the right of any
373	373	person individual to apply to the board for a pardon with
374	374	restoration of voting rights pursuant to Section 15-22-36.
375	375	(i)(j) Each state or county correctional facility,
376	376	prison, or jail shall post materials to be prepared by the
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406	406	Secretary of State and the Board of Pardons and Paroles
407	407	notifying incarcerated individuals of the requirements
408	408	criteria and procedures for having one's voting rights
409	409	restored.
410	410	(k) No later than September 1, 2024, the Board of
411	411	Pardons and Paroles and the Secretary of State shall jointly
412	412	develop and make available on each agency's website a form
413	413	with instructions for any individual who met one of the
414	414	criteria set forth in subdivision (a)(2) prior to the
415	415	effective date of the act adding this amendatory language to
416	416	submit to the Board of Pardons and Paroles for review pursuant
417	417	to the requirements set forth in subsections (d) through (g).
418	418	(l) The Board of Pardons and Paroles shall provide the
419	419	Secretary of State with an individual's address and the date
420	420	upon which the board restored the right to vote to an
421	421	individual who has lost his or her right to vote by reason of
422	422	conviction in a state or federal court.
423	423	(m) The Board of Pardons and Paroles shall post on the
424	424	board's website a list of individuals whose right to vote has
425	425	been restored pursuant to this section but does not have a
426	426	known address."
427	427	"§17-3-31
428	428	(a) Any person individual who is disqualified by reason
429	429	of conviction of any of the offenses mentioned in offense
430	430	designated pursuant to Section 17-3-30.1 as a felony involving
431	431	moral turpitude for the purposes of Article VIII, Section 177
432	432	of the Constitution of Alabama of 1901 2022, except treason
433	433	and impeachment, whether the conviction was had in a state or
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463	463	federal court, and who has been pardoned, may be restored to
464	464	citizenship with the right to vote by the State Board of
465	465	Pardons and Paroles when specifically expressed in the pardon.
466	466	If otherwise qualified, such person the individual shall be
467	467	permitted to register or reregister as an elector upon
468	468	submission of a copy of the pardon document to the board of
469	469	registrars of the county of his or her residence. In addition,
470	470	any person
471	471	(b)Any individual who has been granted a Certificate of
472	472	Eligibility to Register to Vote by the Board of Pardons and
473	473	Paroles pursuant to Section 15-22-36.1 was registered to vote
474	474	at any time prior to losing his or her right to vote by reason
475	475	of conviction in a state or federal court and has met the
476	476	eligibility criteria set forth in Section 15-22-36.1(a) as
477	477	determined by the Board of Pardons and Paroles , shall be
478	478	eligible to vote.
479	479	(c) Any individual who was not registered at any time
480	480	prior to losing his or her right to vote by reason of
481	481	conviction in a state or federal court and has met the
482	482	eligibility criteria set forth in Section 15-22-36.1(a) as
483	483	determined by the Board of Pardons and Paroles, shall be
484	484	permitted to register or reregister as an elector upon
485	485	submission of a copy of the certificate to the board of
486	486	registrars of the county of his or her residence ."
487	487	"§17-4-3
488	488	(a) Each county board of registrars shall purge the
489	489	computerized statewide voter registration list on a continuous
490	490	basis, whenever it receives and confirms information that a
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520	520	person registered to vote in that county has died, become a
521	521	nonresident of the state or county, been declared mentally
522	522	incompetent, been convicted of any offense designated pursuant
523	523	to Section 17-3-30.1 as a felony involving moral turpitude for
524	524	the purposes of Article VIII, Section 177 of the Constitution
525	525	of Alabama of 1901 2022, since being registered, or otherwise
526	526	become disqualified as an elector. Except as provided below, a
527	527	person convicted of a disqualifying criminal offense shall be
528	528	notified by certified mail sent to the voter's last known
529	529	address of the board's intention to strike his or her name
530	530	from the list. No person convicted of a disqualifying crime
531	531	may be stricken from the poll list while an appeal from the
532	532	conviction is pending.
533	533	(b) On the date set in the notice, or at a later date
534	534	to which the case may have been continued by the board, the
535	535	board shall proceed to consider the case of the elector whose
536	536	name it proposes to strike from the registration list and make
537	537	its determination. Any person whose name is stricken from the
538	538	list may appeal from the decision of the board without giving
539	539	security for costs, and the board shall forthwith certify the
540	540	proceedings to the judge of probate who shall docket the case
541	541	in the probate court.
542	542	(c) An appeal from the judge of probate shall be as
543	543	appeals set forth in Section 17-3-55.
544	544	(d) In the event the Board of Pardons and Paroles is
545	545	supervising a person convicted of a disqualifying criminal
546	546	offense on probation or parole, and the person has received
547	547	face-to-face counseling from the supervising officer regarding
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577	577	voter disqualification and executed documentation explaining
578	578	the loss and restoration of civil and political rights, upon
579	579	receipt of the documentation, signed by the disqualified
580	580	elector, the county board of registrars shall be exempt from
581	581	providing notice as otherwise required by this section. The
582	582	document administered by the Board of Pardons and Paroles and
583	583	to be signed by the disqualified elector shall contain the
584	584	following statement: "Any person convicted of a disqualifying
585	585	felony loses his or her civil and political rights, which
586	586	includes the right to vote. Restoration of these rights may be
587	587	applied for These rights may be restored through the Central
588	588	Montgomery Office of the Board of Pardons and Paroles, but
589	589	only upon completion of the requirements of Section
590	590	15-22-36.1(a)."
591	591	(e) The Board of Pardons and Paroles shall provide
592	592	signed documentation to county boards of registrars to
593	593	indicate those persons under probation or parole supervision
594	594	with the board who have been convicted of a disqualifying
595	595	criminal offense and been counseled regarding voter
596	596	disqualification and the restoration of civil and political
597	597	rights, and may otherwise share privileged records and files
598	598	with county boards of registrars for the limited purpose of
599	599	implementing the requirements of this section.
600	600	(f) When the board has sufficient evidence furnished it
601	601	that any elector has permanently moved from one precinct to
602	602	another within the county, it shall change the elector's
603	603	precinct designation in the voter registration list, and shall
604	604	give notice by mail to the elector of the precinct in which
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634	634	the elector is registered to vote.
635	635	(g) The Secretary of State and the Board of Pardons and
636	636	Paroles may promulgate adopt rules in accordance with the
637	637	Alabama Administrative Procedure Act as necessary to implement
638	638	this section."
639	639	Section 2. Section 17-3-31.1 is added to the Code of
640	640	Alabama 1975, to read as follows:
641	641	(a) Upon receipt of information provided by the Board
642	642	of Pardons and Paroles pursuant to Section 15-22-36.1(l), the
643	643	Secretary of State shall notify the individual and the board
644	644	of registrars of the county in which the individual resides of
645	645	the date upon which the board restored his or her right to
646	646	vote.
647	647	(b) The board of registrars of the county in which the
648	648	individual resides shall add the individual's name to the poll
649	649	list and notify the individual of the date that he or she is
650	650	eligible to vote. This subsection does not apply to any
651	651	individual who has had his or her right to vote restored but
652	652	has never registered to vote prior to losing his or her right
653	653	to vote by reason of conviction in a state or federal court.
654	654	(c) Notwithstanding the provisions of Section
655	655	15-22-36.1(l), if an individual, who has had his or her right
656	656	to vote restored pursuant to Section 15-22-36.1, but does not
657	657	have a known address, the Board of Pardons and Paroles shall
658	658	not be required to notify the Secretary of State of the
659	659	individual's address.
660	660	Section 3. (a) As used in this section, the following
661	661	terms have the following meanings:
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691	691	(1) BOARD. The Board of Pardons and Paroles.
692	692	(2) COMMUNITY SERVICE PLAN. A plan designed by the
693	693	board, through the community service program, for an indigent
694	694	individual to offset the payment of court costs and fees.
695	695	(3) COMMUNITY SERVICE PROGRAM. A program established by
696	696	the board pursuant to subsection (b).
697	697	(b) The board shall establish a community service
698	698	program in order to develop options and requirements for
699	699	individuals who are indigent to engage in community service to
700	700	offset the payment of court costs and fees. The community
701	701	service program shall establish guidelines for the design of
702	702	community service plans under the program. The board shall
703	703	annually submit a report to the Legislative Council to
704	704	consider the nonprofit programs offered to individuals by the
705	705	board, the use of resources, and the success or shortcomings
706	706	of the program.
707	707	(c) The board shall not require any individual to
708	708	participate in the community service program. No individual
709	709	shall participate in a community service program without his
710	710	or her informed consent.
711	711	(d) An individual in the community service program
712	712	shall receive credit for outstanding court costs and fees at
713	713	an amount equal to the specified hourly credit rate per hour
714	714	of community service performed, which shall reduce the
715	715	outstanding court costs and fees by the amount of the credit.
716	716	The circuit clerk of the court in which the outstanding court
717	717	costs and fees are owed shall apply the credit in the order of
718	718	priority set forth in Section 15-22-36.1(b), Code of Alabama
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748	748	1975. As used in this subsection, the term "specified hourly
749	749	credit rate" means the wage rate that is specified in 29
750	750	U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
751	751	(e) The board shall establish a community service
752	752	program by December 31, 2023.
753	753	(f) An individual demonstrating economic hardship may
754	754	petition the board to participate in a community service plan
755	755	to offset the payment of court costs and fees.
756	756	Section 4. This act shall become effective on the first
757	757	day of the third month following its passage and approval by
758	758	the Governor, or its otherwise becoming law.
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