HB 2119
Initials LC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DP 10-0-0-0
HB 2119: civil rights restoration; requirements; process
Sponsor: Representative Kaiser, LD 15
House Engrossed
Overview
Modifies statute relating to the restoration of civil rights and the notification and the application
process for the restoration of civil rights.
History
A felony conviction suspends a person’s civil rights to: 1) vote; 2) hold public office of trust or
profit; 3) serve as a juror; and 4) possess a firearm (A.R.S. § 13-904).
Current statute requires a first-time felony offender to automatically be restored any civil rights,
excluding the right to possess or carry a firearm, that were lost or suspended as a result of the
conviction if the person: 1) completes a term of probation or on final discharge from imprisonment;
and 2) pays any victim restitution imposed (A.R.S. § 13-907). Statute permits a repeat felony
offender to apply for the restoration of civil rights, excluding the right to possess or carry a firearm,
following the completion of probation or two years after absolute discharge from prison (A.R.S. §
13-908).
A person convicted of a dangerous offense may not file for restoring the right to possess or carry
a firearm. A person convicted of a serious offense may apply for the restoration of the right to
possess or carry a firearm 10 years after the date of the person's absolute discharge. A person
convicted of any other felony offense may not file for the restoration of the right to possess or
carry a firearm for two years from the date of the person's absolute discharge. The restoration of
the right to possess or carry a firearm is at the discretion of the judicial officer (A.R.S. § 13-910).
Provisions
1. Requires the Arizona Department of Corrections (ADC) or the probation department to notify
a person in writing:
a) if the person is eligible for automatic restoration of civil rights; or
b) that the person's rights have been automatically restored, as well as an explanation of the
civil rights restored. (Sec. 1)
2. States if a person is not eligible for automatic restoration of civil rights, the probation
department or ADC must inform the person in writing of the person's right to the restoration of
civil rights and include an explanation of when a person can apply to have civil rights restored.
(Sec. 1)
3. Requires the court clerk or ADC to notify the Department of Public Safety (DPS) when a
person's civil rights are automatically restored, including whether the person's right to possess
a firearm is restored. (Sec. 1)
4. Removes the term final discharge. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
HB 2119
Initials LC Page 2 House Engrossed
5. Replaces the term final discharge with the phrase on completion of probation for an offense
committed in this state or absolute discharge from imprisonment. (Sec. 2)
6. States a first-time felony offender's civil rights will be automatically restored upon completing
probation for an offense committee in Arizona or an absolute discharge from imprisonment,
provided that all victim restitution is paid. (Sec. 2)
7. Allows an eligible first-time felony offender to submit an application to restore civil rights and
for the court to grant the application without a hearing or receiving a response from the state.
(Sec. 2)
8. Stipulates that a first-time felony offender is not eligible for the automatic restoration of civil
rights if convicted of a dangerous or serious offense. (Sec. 2)
9. Specifies that the court may only order the restoration of firearm rights to an individual
convicted of a serious or dangerous offense if the offender meets the criteria outlined in
statute. (Sec. 2)
10. Requires the court clerk to send a copy of a person's application for the restoration of civil
rights to the attorney general. (Sec. 3)
11. States a person whose civil rights were lost due to a felony conviction in another state or
received an absolute discharge in another state may apply for restoration of civil rights in the
county in which the person now lives. (Sec. 3)
12. Specifies the restoration of civil rights is at the discretion of the judicial officer. (Sec. 3)
13. Stipulates that a first-time felony offender who committed the offense in another state or
received an absolute discharge in another state is not eligible for the automatic restoration of
civil rights if the person was convicted of a dangerous or serious offense. (Sec. 3)
14. Amends the term final discharge to include a person in prison in another state. (Sec. 3)
15. Clarifies that a person convicted of a dangerous offense outside the jurisdiction of this state
may not file for the right to possess or carry a firearm. (Sec. 4)
16. Clarifies that a person convicted of a serious offense outside the jurisdiction of this state may
not file for the right to possess or carry a firearm until 10 years after the date of the person's
absolute discharge, and the restoration of firearm rights is at the discretion of the judicial
officer. (Sec. 4)
17. Allows a person who was a first-time felony offender and who was not convicted of a serious
or dangerous offense to have the right to possess a firearm automatically restored. (Sec. 4)
18. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)