4 | 3 | | |
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5 | 4 | | HOUSE BILL 937 |
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6 | 5 | | By Glynn |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0937 |
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10 | 9 | | 001097 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 2; |
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14 | 13 | | Title 40 and Title 41, relative to voting rights. |
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15 | 14 | | |
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16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 2-2-106, is amended by deleting |
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18 | 17 | | subsection (a) and substituting: |
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19 | 18 | | (a) The registration of a person is purged: |
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20 | 19 | | (1) At the request of the voter; |
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21 | 20 | | (2) Ninety (90) days after a name change for any reason, except by |
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22 | 21 | | marriage or divorce; |
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23 | 22 | | (3) If the voter dies; or |
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24 | 23 | | (4) Upon written confirmation from the voter that the voter has changed |
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25 | 24 | | the voter's address to an address outside the county of registration or has |
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26 | 25 | | registered to vote in another jurisdiction. |
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27 | 26 | | SECTION 2. Tennessee Code Annotated, Section 2-2-106, is amended by adding the |
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28 | 27 | | following as new subsections: |
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29 | 28 | | (i) Upon receiving information that a person has been convicted of an infamous |
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30 | 29 | | crime as defined by § 40-20-112 from the state coordinator of elections, the district |
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31 | 30 | | attorney general, United States attorney, clerk of the court that entered the conviction, or |
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32 | 31 | | other source upon verification by the clerk of the convicting court, the administrator of |
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33 | 32 | | elections shall place the registration in suspended status. |
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41 | 40 | | (k) The state coordinator of elections shall maintain a list of suspended voter |
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42 | 41 | | registrations and a list of restored voter registrations. |
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43 | 42 | | SECTION 3. Tennessee Code Annotated, Section 2-2-116(12), is amended by deleting |
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44 | 43 | | "had your full rights of citizenship restored by a court" and substituting "a certificate of final |
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45 | 44 | | discharge from supervision". |
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46 | 45 | | SECTION 4. Tennessee Code Annotated, Section 2-2-139, is amended by deleting the |
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47 | 46 | | section and substituting instead the following: |
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48 | 47 | | (a) A person who has temporarily forfeited the right to suffrage because of a |
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49 | 48 | | conviction of an infamous crime is eligible to vote automatically upon confirmation that: |
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50 | 49 | | (1) The person has completed the sentence imposed upon conviction for |
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51 | 50 | | an infamous crime, including any parole or probationary period; or |
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52 | 51 | | (2) An appellate court of competent jurisdiction has entered a final |
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53 | 52 | | judgment reversing the person's conviction of all infamous crimes. |
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54 | 53 | | (b) For purposes of subsection (a), a certificate of final discharge from |
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55 | 54 | | supervision or a certified copy of a judgment of an appellate court of competent |
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56 | 55 | | jurisdiction is sufficient proof to the administrator that the person fulfills the above |
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57 | 56 | | requirements as to the offense specified on the certificate of final discharge or judgment. |
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58 | 57 | | (c) The state coordinator of elections shall formulate a uniform procedure for |
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59 | 58 | | automatically verifying the registration eligibility of any person convicted of an infamous |
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60 | 59 | | crime and updating the appropriate administrator of elections of any changes to the |
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61 | 60 | | suspended voter registration list under § 2-2-106. Upon receiving sufficient verification |
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62 | 61 | | of the person's eligibility to register, the administrator must allow the person to become a |
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69 | 68 | | SECTION 5. Tennessee Code Annotated, Section 2-11-202(a), is amended by deleting |
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70 | 69 | | subdivisions (16) and (17) and substituting instead: |
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71 | 70 | | (16) |
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72 | 71 | | (A) Devise and furnish to the clerks of the circuit and criminal courts a |
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73 | 72 | | form to be used for notifying county election commissions of the fact that a |
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74 | 73 | | registered voter has been convicted of an infamous crime and therefore has a |
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75 | 74 | | suspended voter registration. The form must include the voter's name, race, date |
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76 | 75 | | of birth, and social security number, if available; and |
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77 | 76 | | (B) Devise and furnish to the department of correction a form to be used |
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78 | 77 | | to notify the county election commissions of the fact that a suspended voter's |
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79 | 78 | | sentence has been completed and the voter is eligible for automatic restoration |
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80 | 79 | | of the voter's right of suffrage pursuant to §§ 2-2-139 and 40-29-202; |
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81 | 80 | | (17) Instruct the administrators in each county to: |
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82 | 81 | | (A) Suspend the registration of any person who is registered to vote in |
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83 | 82 | | the administrator's county when notified that the person has been convicted of an |
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84 | 83 | | infamous crime; and |
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85 | 84 | | (B) Restore to the voting rolls any person whose registration has been |
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86 | 85 | | suspended in the administrator's county when notified that the person has |
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87 | 86 | | completed the sentence or received a copy of the final judgment reversing the |
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88 | 87 | | person's conviction of all infamous crimes; |
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89 | 88 | | SECTION 6. Tennessee Code Annotated, Section 2-11-202(a), is amended by adding |
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90 | 89 | | the following new subdivisions: |
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98 | 97 | | (22) Develop and implement a program to educate attorneys, judges, election |
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99 | 98 | | officials, appropriate staff under the department of correction, including parole and |
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100 | 99 | | probation officers, and members of the public. |
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101 | 100 | | SECTION 7. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the |
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102 | 101 | | section and substituting: |
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103 | 102 | | (a) A person who has been convicted of an infamous crime, as defined by § 40- |
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104 | 103 | | 20-112, is not permitted to register to vote or vote at any election until the person has |
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105 | 104 | | completed the sentence, including any parole or probationary period, pursuant to § 40- |
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106 | 105 | | 29-202, or an appellate court of competent jurisdiction has entered a final judgment |
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107 | 106 | | reversing the person's conviction of all infamous crimes. |
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108 | 107 | | (b) A person who has been convicted in another state of a crime or offense |
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109 | 108 | | which would constitute an infamous crime under the laws of this state, regardless of the |
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110 | 109 | | sentence imposed, shall not register to vote or vote at any election in this state until the |
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111 | 110 | | person has completed the sentence, including any parole or probationary period or an |
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112 | 111 | | appellate court of competent jurisdiction has entered a final judgment reversing the |
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113 | 112 | | person's conviction of all infamous crimes. |
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114 | 113 | | SECTION 8. Tennessee Code Annotated, Section 40-20-112, is amended by deleting |
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115 | 114 | | the section and substituting: |
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116 | 115 | | A criminal offense designated as a felony at the time of conviction is an infamous |
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117 | 116 | | crime, and a person convicted of an infamous crime is immediately suspended from |
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118 | 117 | | exercising the right of suffrage. A person so convicted is not disqualified to testify in any |
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119 | 118 | | action, civil or criminal, by reason of having been convicted of any felony, and the fact of |
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126 | 125 | | SECTION 9. Tennessee Code Annotated, Section 40-29-105, is amended by deleting |
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127 | 126 | | subdivision (b)(1)(A) and substituting: |
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128 | 127 | | (A) Receiving a pardon, except where the pardon contains special conditions |
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129 | 128 | | pertaining to the right of suffrage or the right to possess a firearm; |
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130 | 129 | | SECTION 10. Tennessee Code Annotated, Section 40-29-105(b), is amended by |
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131 | 130 | | deleting subdivisions (3) through (6) and substituting: |
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132 | 131 | | (3) A person eligible for restoration of citizenship pursuant to subdivision (b)(1) |
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133 | 132 | | may request, and then must be issued, a certificate of restoration upon a form |
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134 | 133 | | prescribed by the coordinator of elections, by: |
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135 | 134 | | (A) The pardoning authority; or |
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136 | 135 | | (B) An agent or officer of the supervising or incarcerating authority; |
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137 | 136 | | (4) A person issued a certificate of restoration must submit either a certificate of |
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138 | 137 | | final discharge from the appropriate supervising authority or a certified copy of a |
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139 | 138 | | judgment of an appellate court of competent jurisdiction to the administrator of elections |
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140 | 139 | | of the county to be eligible to vote. Upon receiving a certificate of final discharge from |
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141 | 140 | | the appropriate supervising authority or a certified copy of a judgment of an appellate |
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142 | 141 | | court of competent jurisdiction, the coordinator of elections shall issue a voter |
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143 | 142 | | registration card entitling the person to vote; and |
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144 | 143 | | (5) Before allowing a person convicted of an infamous crime to become a |
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145 | 144 | | registered voter, it is the duty of the administrator of elections in each county to verify |
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146 | 145 | | with the coordinator of elections that the person is eligible to register pursuant to this title |
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147 | 146 | | and title 2. |
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155 | 154 | | (A) A person receiving a pardon may petition for restoration immediately |
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156 | 155 | | upon receiving the pardon; and |
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157 | 156 | | (B) The department of correction or the appropriate supervising authority |
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158 | 157 | | shall provide a person convicted of an infamous crime a certificate of discharge |
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159 | 158 | | upon the completion of the sentence imposed by the court, including any parole |
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160 | 159 | | or probationary period, for the infamous crime; provided, that a person convicted |
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161 | 160 | | of murder, rape, treason, or voter fraud is ineligible to register and vote in this |
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162 | 161 | | state; |
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163 | 162 | | SECTION 12. Tennessee Code Annotated, Section 40-29-105(c), is amended by |
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164 | 163 | | deleting subdivisions (6) and (7) and substituting: |
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165 | 164 | | (6) A person whose right to suffrage has been restored pursuant to subdivision |
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166 | 165 | | (c)(2) shall submit a certified copy of the order or certificate of final discharge to the |
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167 | 166 | | administrator of elections of the county in which the person is eligible to vote. The |
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168 | 167 | | administrator of elections shall verify with the coordinator of elections that the certificate |
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169 | 168 | | of discharge was issued and, upon receiving the verification, shall issue the person a |
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170 | 169 | | voter registration card entitling the person to vote; and |
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171 | 170 | | (7) All costs for a proceeding under this subsection (c) to restore a person's |
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172 | 171 | | citizenship rights must be paid by the petitioner unless the court specifically orders |
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173 | 172 | | otherwise. |
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174 | 173 | | SECTION 13. Tennessee Code Annotated, Section 40-29-202, is amended by deleting |
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175 | 174 | | the section and substituting: |
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182 | 181 | | (1) The completion of the person's sentence, including any parole or |
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183 | 182 | | probationary period, and the person receiving a certificate of final discharge from |
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184 | 183 | | the appropriate supervising authority; or |
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185 | 184 | | (2) An appellate court of competent jurisdiction entering a final judgment |
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186 | 185 | | reversing the person's conviction or convictions of all infamous crimes and the |
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187 | 186 | | person received a certified copy of the judgment. |
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188 | 187 | | SECTION 14. Tennessee Code Annotated, Section 40-29-203, is amended by deleting |
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189 | 188 | | the section. |
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190 | 189 | | SECTION 15. Tennessee Code Annotated, Section 40-29-204, is amended by deleting |
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191 | 190 | | subdivisions (2) and (3). |
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192 | 191 | | SECTION 16. Tennessee Code Annotated, Section 40-29-205, is amended by deleting |
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193 | 192 | | the section. |
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194 | 193 | | SECTION 17. Tennessee Code Annotated, Section 41-51-301, is amended by adding |
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195 | 194 | | the following as new subsections: |
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196 | 195 | | (d) The department of correction shall provide an inmate upon the inmate's |
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197 | 196 | | release with: |
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198 | 197 | | (1) A certificate of final discharge pursuant to § 40-29-202; |
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199 | 198 | | (2) Written information on how to register to vote; |
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200 | 199 | | (3) The amount of restitution to the victim of the offense owed by the |
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201 | 200 | | inmate; |
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202 | 201 | | (4) The amount of court costs owed by the inmate; and |
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203 | 202 | | (5) The amount of child support owed by the inmate. |
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211 | 210 | | SECTION 18. On or before January 1, 2026, the coordinator of elections shall send a |
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212 | 211 | | certified letter and a voter registration application to the last known address of each person who |
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213 | 212 | | had a felony conviction after January 14, 1973, but prior to May 18, 1981, informing the person |
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214 | 213 | | that the person is eligible to vote, never lost the right to vote in this state, and does not need to |
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215 | 214 | | have the person's rights restored. |
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216 | 215 | | SECTION 19. This act takes effect July 1, 2025, the public welfare requiring it. |
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