Alabama 2023 Regular Session

Alabama Senate Bill SB21 Compare Versions

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

Old	New	Differences
1	1	SB21INTRODUCED
2	2	Page 0
3	3	CXB5JW-1
4	4	By Senator Coleman-Madison
5	5	RFD: Judiciary
6	6	First Read: 07-Mar-23
7	7	PFD: 23-Feb-23
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12	12	5 CXB5JW-1 02/01/2023 ANS (L) cr 2023-158
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14	14	SYNOPSIS:
15	15	Under existing law, an individual who has lost
16	16	his or her right to vote based upon a past criminal
17	17	conviction may apply to the Board of Pardons and
18	18	Paroles for a Certificate of Eligibility to Register to
19	19	Vote under certain circumstances, including payment of
20	20	all fines, court costs, fees, and victim restitution as
21	21	ordered by the sentencing court and completion of
22	22	probation or parole and release from compliance by the
23	23	court or Board of Pardons and Paroles.
24	24	This bill would eliminate the application
25	25	requirement and the Certificate of Eligibility to
26	26	Register to Vote and require the Board of Pardons and
27	27	Paroles to determine whether an individual may have his
28	28	or her right to vote restored if the individual has
29	29	lost his or her right to vote by reason of conviction
30	30	in a state or federal court and has been pardoned or
31	31	released from incarceration or period of probation or
32	32	parole.
33	33	This bill would allow an indigent individual to
34	34	have his or her right to vote restored if he or she has
35	35	paid all fines and restitution and is in compliance
36	36	with an approved payment plan for the payment of court
37	37	costs and fees or an approved community service plan to
38	38	offset the payment of court costs and fees.
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66	66	28 SB21 INTRODUCEDSB21 INTRODUCED
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68	68	A BILL
69	69	TO BE ENTITLED
70	70	AN ACT
71	71	Relating to voting rights; to amend Sections
72	72	15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
73	73	eliminate the application requirement and the Certificate of
74	74	Eligibility to Register to Vote; to require the Board of
75	75	Pardons and Paroles to determine whether an individual may
76	76	have his or her right to vote restored if the individual has
77	77	lost his or her right to vote by reason of conviction in a
78	78	state or federal court and has been pardoned or released from
79	79	incarceration or period of probation or parole; to allow an
80	80	indigent individual to have his or her right to vote restored
81	81	if he or she has paid all fines and restitution and is in
82	82	compliance with an approved payment plan for the payment of
83	83	court costs and fees or an approved community service plan to
84	84	offset the payment of court costs and fees; to remove
85	85	impeachment from the list of offenses that prohibit an
86	86	individual from having his or her right to vote restored to
87	87	make consistent with existing law; and to add Section
88	88	17-3-31.1 to the Code of Alabama 1975, to require notification
89	89	to the individual that his or her right to vote has been
90	90	restored.
91	91	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
92	92	Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
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122	122	Code of Alabama 1975, are amended to read as follows:
123	123	"§15-22-36.1
124	124	(a) Any other provision of law notwithstanding Except as
125	125	provided in subsection (h) , any person individual who has lost
126	126	his or her right to vote by reason of conviction in a state or
127	127	federal court, regardless of the date of his or her sentence,
128	128	may apply to the Board of Pardons and Paroles for a
129	129	Certificate of Eligibility to Register to Vote shall have his
130	130	or her right to vote restored if all both of the following
131	131	requirements criteria are met on all disqualifying cases :
132	132	(1) The person has lost his or her right to vote by
133	133	reason of conviction in a state or federal court in any case
134	134	except those listed in subsection (g).
135	135	(2) The person has no criminal felony charges pending
136	136	against him or her in any state or federal court.
137	137	(3) The person has paid all fines, court costs, fees,
138	138	and victim restitution ordered by the sentencing court at the
139	139	time of sentencing on disqualifying cases.
140	140	(1) The individual has done either of the following:
141	141	a. Paid all fines, court costs, fees, and restitution
142	142	ordered by the sentencing court at the time of sentencing.
143	143	b. Paid all fines and restitution ordered by the
144	144	sentencing court and with regard to all court costs and fees,
145	145	has done either of the following:
146	146	1. Made all payments for a period of not less than one
147	147	year on court costs and fees pursuant to an approved payment
148	148	plan.
149	149	2. Complied with an approved community service plan
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179	179	pursuant to Section 3 of the act adding this amendatory
180	180	language for a period of not less than one year.
181	181	(4)(2) Any of the following are true:
182	182	a. The person individual has been released upon
183	183	completion of sentence.
184	184	b. The person individual has been pardoned.
185	185	c. The person individual has successfully completed
186	186	probation or parole and has been released from compliance by
187	187	the ordering entity.
188	188	(b) The circuit clerk of the court in which any
189	189	outstanding fines, court costs, fees, or restitution are owed
190	190	shall apply payments in the following order of priority:
191	191	(1) To any restitution owed on a disqualifying case.
192	192	(2) To any fines owed on a disqualifying case.
193	193	(3) To any restitution owed on a non-disqualifying
194	194	case.
195	195	(4) To any fines, court costs, or fees owed on a
196	196	non-disqualifying case.
197	197	(b)(c) The Certificate of Eligibility to Register to
198	198	Vote shall be granted board shall restore an individual's
199	199	right to vote upon a determination that all of the individual
200	200	has met the requirements criteria set forth in subsection (a)
201	201	are fulfilled.
202	202	(c) Upon receipt of an application under this section,
203	203	(d) When an individual, who has lost his or her right
204	204	to vote by reason of conviction in a state or federal court in
205	205	any case except those listed in subsection (h) has met one of
206	206	the criteria set forth in subdivision (a)(2), the Board of
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236	236	Pardons and Paroles shall conduct a review to determine if the
237	237	individual has complied with the criteria set forth in
238	238	subdivision (a)(1) investigation of the request shall be
239	239	assigned forthwith to an officer of the state Board of Pardons
240	240	and Paroles. The An assigned officer of the board shall
241	241	verify, through court records, records of the board, and
242	242	records of the Department of Corrections, that the applicant
243	243	individual has met the qualifications criteria set out in
244	244	subsection (a). Within 30 14 calendar days of the initial
245	245	application for a Certificate of Eligibility to Register to
246	246	Vote review, the officer shall draft a report of his or her
247	247	findings including a statement as to whether the applicant
248	248	individual has successfully completed his or her sentence and
249	249	has complied with all the eligibility requirements criteria
250	250	provided in subsection (a).
251	251	(d)(e) After completing the investigation review set
252	252	out in subsection (c) (d), the officer shall submit his or her
253	253	report of investigation to the Executive Director of the Board
254	254	of Pardons and Paroles.
255	255	(e)(f) If the report created pursuant to subsection (c)
256	256	(d) states that the applicant individual has met all of the
257	257	eligibility criteria set forth in subsection (a), and the
258	258	executive director or his or her designee attests that the
259	259	report has been submitted properly and accurately, the Board
260	260	of Pardons and Paroles shall issue a Certificate of
261	261	Eligibility to Register to Vote to restore the individual's
262	262	right to vote and shall notify the applicant individual that
263	263	his or her right to vote has been restored within 14 calendar
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293	293	days of receipt of the report by the executive director.
294	294	(f)(g) If the report created pursuant to subsection (c)
295	295	(d) states that the applicant individual has not met all of
296	296	the eligibility criteria set forth in subsection (a), and the
297	297	executive director or his or her designee attests that the
298	298	report has been submitted properly and accurately, the Board
299	299	of Pardons and Paroles shall not issue a Certificate of
300	300	Eligibility to Register to Vote and shall not restore the
301	301	individual's right to vote and shall notify the applicant
302	302	individual of the decision not to restore his or her right to
303	303	vote and reason or reasons for the decision within 14 calendar
304	304	days of receipt of the report by the executive director. The
305	305	notice shall state what measures the individual must undertake
306	306	in order to have his or her right to vote restored. The
307	307	applicant, upon completion of the eligibility requirement in
308	308	subsection (a) for restoration of his or her rights,
309	309	individual may submit a new application a written request for
310	310	a new review at any time if he or she has met the
311	311	certification criteria . Upon receipt of a new request, the
312	312	board shall conduct a review pursuant to the requirements set
313	313	forth in subsections (d) through(g) .
314	314	(g) A person(h) An individual who has lost his or her
315	315	right to vote by reason of conviction in a state or federal
316	316	court for any of the following offenses as they are set forth
317	317	in Section 17-3-30.1 will not be eligible to apply for a
318	318	Certificate of Eligibility to Register to Vote under this
319	319	sectionis not eligible to have his or her right to vote
320	320	restored: Impeachment, murder Murder, rape in any degree,
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350	350	sodomy in any degree, sexual abuse in any degree, incest,
351	351	sexual torture, enticing a child to enter a vehicle for
352	352	immoral purposes, soliciting electronic solicitation of a
353	353	child by computer, production of obscene matter involving a
354	354	minor containing visual depiction of persons under 17 years of
355	355	age involved in obscene acts, distribution, possession with
356	356	intent to distribute, production of obscene material, or offer
357	357	or agreement to distribute or produce obscene material ,
358	358	production of obscene matter, parents or guardians permitting
359	359	children to engage in production of obscene matter, possession
360	360	of obscene matter, possession with intent to distribute child
361	361	pornography, ordissemination or public display of obscene
362	362	matter containing visual depiction of persons under 17 years
363	363	of age involved in obscene acts, possession and possession
364	364	with intent to disseminate obscene matter containing visual
365	365	depiction of persons under 17 years of age involved in obscene
366	366	acts, treason, or any crime as defined by the laws of the
367	367	United State or by the laws of another state, territory,
368	368	country, or other jurisdiction, which, if committed in this
369	369	state, would constitute one of the offenses listed in this
370	370	subsection.
371	371	(h)(i) This section shall not affect the right of any
372	372	person individual to apply to the board for a pardon with
373	373	restoration of voting rights pursuant to Section 15-22-36.
374	374	(i)(j) Each state or county correctional facility,
375	375	prison, or jail shall post materials to be prepared by the
376	376	Secretary of State and the Board of Pardons and Paroles
377	377	notifying incarcerated individuals of the requirements
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407	407	criteria and procedures for having one's voting rights
408	408	restored.
409	409	(k) No later than September 1, 2024, the Board of
410	410	Pardons and Paroles and the Secretary of State shall jointly
411	411	develop and make available on each agency's website a form
412	412	with instructions for any individual who met one of the
413	413	criteria set forth in subdivision (a)(2) prior to the
414	414	effective date of the act adding this amendatory language to
415	415	submit to the Board of Pardons and Paroles for review pursuant
416	416	to the requirements set forth in subsections (d) through (g).
417	417	(l) The Board of Pardons and Paroles shall provide the
418	418	Secretary of State with an individual's address and the date
419	419	upon which the board restored the right to vote to an
420	420	individual who has lost his or her right to vote by reason of
421	421	conviction in a state or federal court.
422	422	(m) The Board of Pardons and Paroles shall post on the
423	423	board's website a list of individuals whose right to vote has
424	424	been restored pursuant to this section but does not have a
425	425	known address."
426	426	"§17-3-31
427	427	(a) Any person individual who is disqualified by reason
428	428	of conviction of any of the offenses mentioned in offense
429	429	designated pursuant to Section 17-3-30.1 as a felony involving
430	430	moral turpitude for the purposes of Article VIII, Section 177
431	431	of the Constitution of Alabama of 1901 2022, except treason
432	432	and impeachment, whether the conviction was had in a state or
433	433	federal court, and who has been pardoned, may be restored to
434	434	citizenship with the right to vote by the State Board of
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464	464	Pardons and Paroles when specifically expressed in the pardon.
465	465	If otherwise qualified, such person the individual shall be
466	466	permitted to register or reregister as an elector upon
467	467	submission of a copy of the pardon document to the board of
468	468	registrars of the county of his or her residence. In addition,
469	469	any person
470	470	(b)Any individual who has been granted a Certificate of
471	471	Eligibility to Register to Vote by the Board of Pardons and
472	472	Paroles pursuant to Section 15-22-36.1 was registered to vote
473	473	at any time prior to losing his or her right to vote by reason
474	474	of conviction in a state or federal court and has met the
475	475	eligibility criteria set forth in Section 15-22-36.1(a) as
476	476	determined by the Board of Pardons and Paroles , shall be
477	477	eligible to vote.
478	478	(c) Any individual who was not registered at any time
479	479	prior to losing his or her right to vote by reason of
480	480	conviction in a state or federal court and has met the
481	481	eligibility criteria set forth in Section 15-22-36.1(a) as
482	482	determined by the Board of Pardons and Paroles, shall be
483	483	permitted to register or reregister as an elector upon
484	484	submission of a copy of the certificate to the board of
485	485	registrars of the county of his or her residence ."
486	486	"§17-4-3
487	487	(a) Each county board of registrars shall purge the
488	488	computerized statewide voter registration list on a continuous
489	489	basis, whenever it receives and confirms information that a
490	490	person registered to vote in that county has died, become a
491	491	nonresident of the state or county, been declared mentally
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521	521	incompetent, been convicted of any offense designated pursuant
522	522	to Section 17-3-30.1 as a felony involving moral turpitude for
523	523	the purposes of Article VIII, Section 177 of the Constitution
524	524	of Alabama of 1901 2022, since being registered, or otherwise
525	525	become disqualified as an elector. Except as provided below, a
526	526	person convicted of a disqualifying criminal offense shall be
527	527	notified by certified mail sent to the voter's last known
528	528	address of the board's intention to strike his or her name
529	529	from the list. No person convicted of a disqualifying crime
530	530	may be stricken from the poll list while an appeal from the
531	531	conviction is pending.
532	532	(b) On the date set in the notice, or at a later date
533	533	to which the case may have been continued by the board, the
534	534	board shall proceed to consider the case of the elector whose
535	535	name it proposes to strike from the registration list and make
536	536	its determination. Any person whose name is stricken from the
537	537	list may appeal from the decision of the board without giving
538	538	security for costs, and the board shall forthwith certify the
539	539	proceedings to the judge of probate who shall docket the case
540	540	in the probate court.
541	541	(c) An appeal from the judge of probate shall be as
542	542	appeals set forth in Section 17-3-55.
543	543	(d) In the event the Board of Pardons and Paroles is
544	544	supervising a person convicted of a disqualifying criminal
545	545	offense on probation or parole, and the person has received
546	546	face-to-face counseling from the supervising officer regarding
547	547	voter disqualification and executed documentation explaining
548	548	the loss and restoration of civil and political rights, upon
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578	578	receipt of the documentation, signed by the disqualified
579	579	elector, the county board of registrars shall be exempt from
580	580	providing notice as otherwise required by this section. The
581	581	document administered by the Board of Pardons and Paroles and
582	582	to be signed by the disqualified elector shall contain the
583	583	following statement: "Any person convicted of a disqualifying
584	584	felony loses his or her civil and political rights, which
585	585	includes the right to vote. Restoration of these rights may be
586	586	applied for These rights may be restored through the Central
587	587	Montgomery Office of the Board of Pardons and Paroles, but
588	588	only upon completion of the requirements of Section
589	589	15-22-36.1(a)."
590	590	(e) The Board of Pardons and Paroles shall provide
591	591	signed documentation to county boards of registrars to
592	592	indicate those persons under probation or parole supervision
593	593	with the board who have been convicted of a disqualifying
594	594	criminal offense and been counseled regarding voter
595	595	disqualification and the restoration of civil and political
596	596	rights, and may otherwise share privileged records and files
597	597	with county boards of registrars for the limited purpose of
598	598	implementing the requirements of this section.
599	599	(f) When the board has sufficient evidence furnished it
600	600	that any elector has permanently moved from one precinct to
601	601	another within the county, it shall change the elector's
602	602	precinct designation in the voter registration list, and shall
603	603	give notice by mail to the elector of the precinct in which
604	604	the elector is registered to vote.
605	605	(g) The Secretary of State and the Board of Pardons and
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635	635	Paroles may promulgate adopt rules in accordance with the
636	636	Alabama Administrative Procedure Act as necessary to implement
637	637	this section."
638	638	Section 2. Section 17-3-31.1 is added to the Code of
639	639	Alabama 1975, to read as follows:
640	640	(a) Upon receipt of information provided by the Board
641	641	of Pardons and Paroles pursuant to Section 15-22-36.1(l), the
642	642	Secretary of State shall notify the individual and the board
643	643	of registrars of the county in which the individual resides of
644	644	the date upon which the board restored his or her right to
645	645	vote.
646	646	(b) The board of registrars of the county in which the
647	647	individual resides shall add the individual's name to the poll
648	648	list and notify the individual of the date that he or she is
649	649	eligible to vote. This subsection does not apply to any
650	650	individual who has had his or her right to vote restored but
651	651	has never registered to vote prior to losing his or her right
652	652	to vote by reason of conviction in a state or federal court.
653	653	(c) Notwithstanding the provisions of Section
654	654	15-22-36.1(l), if an individual, who has had his or her right
655	655	to vote restored pursuant to Section 15-22-36.1, but does not
656	656	have a known address, the Board of Pardons and Paroles shall
657	657	not be required to notify the Secretary of State of the
658	658	individual's address.
659	659	Section 3. (a) As used in this section, the following
660	660	terms have the following meanings:
661	661	(1) BOARD. The Board of Pardons and Paroles.
662	662	(2) COMMUNITY SERVICE PLAN. A plan designed by the
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692	692	board, through the community service program, for an indigent
693	693	individual to offset the payment of court costs and fees.
694	694	(3) COMMUNITY SERVICE PROGRAM. A program established by
695	695	the board pursuant to subsection (b).
696	696	(b) The board shall establish a community service
697	697	program in order to develop options and requirements for
698	698	individuals who are indigent to engage in community service to
699	699	offset the payment of court costs and fees. The community
700	700	service program shall establish guidelines for the design of
701	701	community service plans under the program. The board shall
702	702	annually submit a report to the Legislative Council to
703	703	consider the nonprofit programs offered to individuals by the
704	704	board, the use of resources, and the success or shortcomings
705	705	of the program.
706	706	(c) The board shall not require any individual to
707	707	participate in the community service program. No individual
708	708	shall participate in a community service program without his
709	709	or her informed consent.
710	710	(d) An individual in the community service program
711	711	shall receive credit for outstanding court costs and fees at
712	712	an amount equal to the specified hourly credit rate per hour
713	713	of community service performed, which shall reduce the
714	714	outstanding court costs and fees by the amount of the credit.
715	715	The circuit clerk of the court in which the outstanding court
716	716	costs and fees are owed shall apply the credit in the order of
717	717	priority set forth in Section 15-22-36.1(b), Code of Alabama
718	718	1975. As used in this subsection, the term "specified hourly
719	719	credit rate" means the wage rate that is specified in 29
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749	749	U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
750	750	(e) The board shall establish a community service
751	751	program by December 31, 2023.
752	752	(f) An individual demonstrating economic hardship may
753	753	petition the board to participate in a community service plan
754	754	to offset the payment of court costs and fees.
755	755	Section 4. This act shall become effective on the first
756	756	day of the third month following its passage and approval by
757	757	the Governor, or its otherwise becoming law.
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