Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0407 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 445
3	3	By Hulsey
4	4
5	5	SENATE BILL 407
6	6	By Gardenhire
7	7
8	8
9	9	SB0407
10	10	001192
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13	13	AN ACT to amend Tennessee Code Annotated, Title 2;
14	14	Title 4; Title 22; Title 36; Title 39 and Title 40,
15	15	relative to rights of citizenship.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 2-2-116, is amended by deleting
19	19	"received a pardon or had your full rights of citizenship restored by a court" and substituting
20	20	"had your right of suffrage restored as prescribed by the law of this state for each felony
21	21	conviction".
22	22	SECTION 2. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
23	23	subdivision (a)(1) and substituting:
24	24	(1) The person has been pardoned of all infamous crimes and the person's right
25	25	of suffrage has been restored as prescribed by the law of this state for each felony
26	26	conviction;
27	27	SECTION 3. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
28	28	subdivision (a)(2) and substituting:
29	29	(2) The person's right of suffrage has been restored as prescribed by the law of
30	30	this state for each felony conviction; or
31	31	SECTION 4. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
32	32	section and substituting:
33	33	(a) The following provisions govern the exercise of the right of suffrage for those
34	34	persons convicted of an infamous crime:
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39	39	(1) A person who has been convicted of an infamous crime, as defined
40	40	by § 40-20-112, in this state shall not register to vote or vote at an election
41	41	unless:
42	42	(A) The person has been pardoned by the governor and the
43	43	person's right of suffrage has been restored as prescribed by the law of
44	44	this state for each felony conviction; or
45	45	(B) The person's right of suffrage has otherwise been restored as
46	46	prescribed by the law of this state for each felony conviction;
47	47	(2) A person who has been convicted in federal court of a crime or
48	48	offense which would constitute an infamous crime under the laws of this state,
49	49	regardless of the sentence imposed, shall not register to vote or vote at an
50	50	election unless:
51	51	(A) The person has been pardoned by the president of the United
52	52	States and the person's right of suffrage has been restored as prescribed
53	53	by the law of this state for each felony conviction; or
54	54	(B) The person's right of suffrage has otherwise been restored as
55	55	prescribed by the law of this state for each felony conviction; and
56	56	(3) A person who has been convicted in another state of a crime or
57	57	offense which would constitute an infamous crime under the laws of this state,
58	58	regardless of the sentence imposed, shall not register to vote or vote at an
59	59	election in this state unless:
60	60	(A) The person has been pardoned by the governor or other
61	61	appropriate authority of such other state and the person's right of suffrage
62	62	has been restored as prescribed by the law of this state for each felony
63	63	conviction; or
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68	68	(B) The person's right of suffrage has otherwise been restored as
69	69	prescribed by the law of this state for each felony conviction.
70	70	(b) The right of suffrage is restored by operation of law on the effective date of
71	71	this act to a person who forfeited the right of suffrage only because of a felony conviction
72	72	prior to January 15, 1973.
73	73	SECTION 5. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
74	74	the section and substituting:
75	75	As used in this part:
76	76	(1) "Citizenship rights" and "rights of citizenship" include:
77	77	(A) The right to serve on a jury;
78	78	(B) The right of suffrage;
79	79	(C) The right to hold public office;
80	80	(D) The right to execute a fiduciary office; and
81	81	(E) The right to possess a firearm;
82	82	(2) "Court costs" include fines, fees, litigation taxes, and any other costs
83	83	assessed against a defendant by the court at sentencing; and
84	84	(3) "Voter fraud" means a felony offense in title 2, chapter 19, or an
85	85	attempt, conspiracy, or solicitation to commit a felony offense in title 2, chapter
86	86	19.
87	87	SECTION 6. Tennessee Code Annotated, Section 40-29-102, is amended by deleting
88	88	the section and substituting:
89	89	(a) Except as provided in subsections (b) and (c), a person rendered infamous
90	90	or deprived of rights of citizenship by the judgment of any state or federal court is eligible
91	91	to seek restoration of rights of citizenship by petitioning the circuit court of the county
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96	96	where the petitioner resides or where the conviction for the infamous crime occurred
97	97	upon:
98	98	(1) Receiving a pardon; however, a court does not have the jurisdiction to
99	99	alter, delete, or render void special conditions of a pardon pertaining to the right
100	100	of suffrage or the right to possess a firearm;
101	101	(2) The discharge from custody by reason of service or expiration of the
102	102	maximum sentence imposed by the court for the infamous crime; or
103	103	(3) Being granted a certificate of final discharge from supervision by the
104	104	board of parole pursuant to § 40-28-609, or an equivalent discharge by another
105	105	state, the federal government, or county correction authority.
106	106	(b) The following persons shall never be eligible to have the right of suffrage
107	107	restored and vote in this state:
108	108	(1) A person convicted after July 1, 1986, of the offense of:
109	109	(A) First degree murder;
110	110	(B) Aggravated rape;
111	111	(C) Treason; or
112	112	(D) Voter fraud;
113	113	(2) A person convicted after July 1, 1996, but before July 1, 2006, of any
114	114	of the offenses set out in subdivision (b)(1) or any other degree of murder or
115	115	rape; and
116	116	(3) A person convicted on or after July 1, 2006, of:
117	117	(A) Any of the offenses set out in subdivision (b)(1) or (b)(2);
118	118	(B) Any violation of title 39, chapter 16, part 1, 4, or 5 designated
119	119	as a felony or any violation containing the same elements and designated
120	120	as a felony in any other state or federal court; or
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125	125	(C) Any sexual offense or violent sexual offense set out in § 40-
126	126	39-202 that is designated as a felony or any violation containing the same
127	127	elements and designated as a felony in any other state or federal court
128	128	and in which the victim was a minor.
129	129	(c) A person convicted of an infamous crime after May 18, 1981, is not eligible to
130	130	have the right of suffrage restored and vote in this state unless the person:
131	131	(1) Has paid all restitution to the victim or victims of the offense ordered
132	132	by the court as part of the sentence;
133	133	(2) Beginning September 1, 2010, has paid all court costs assessed
134	134	against the person at the conclusion of the person's trial, except where the court
135	135	has made a finding at an evidentiary hearing that the person is indigent at the
136	136	time of filing the petition for restoration of the right of suffrage; and
137	137	(3) Is current in all child support obligations.
138	138	SECTION 7. Tennessee Code Annotated, Section 40-29-103, is amended by deleting
139	139	the section and substituting:
140	140	(a) A petition for restoration of rights of citizenship must:
141	141	(1) Set forth the basis for the petitioner's eligibility for restoration,
142	142	including:
143	143	(A) A list of each state and federal felony conviction of the
144	144	petitioner;
145	145	(B) Whether the petitioner is eligible to have the right of suffrage
146	146	restored under § 40-29-102(b) and (c); and
147	147	(C) Whether the petitioner is prohibited from possessing a firearm
148	148	under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j);
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153	153	(2) State the reasons the petitioner believes that the petitioner's
154	154	citizenship rights should be restored;
155	155	(3) Be accompanied by satisfactory proof, such as certified records,
156	156	sworn statements, and other documents or information, necessary to
157	157	demonstrate to the court that the petitioner is both eligible for and merits having
158	158	rights of citizenship restored; and
159	159	(4) In order to restore the petitioner's right of suffrage, include sworn
160	160	statements by the petitioner demonstrating that the petitioner is eligible for
161	161	restoration of the right of suffrage under § 40-29-102(b) and (c).
162	162	(b) The court may require any additional proof as it deems necessary to reach a
163	163	just decision on the petition.
164	164	(c)
165	165	(1) Prior to acting on a petition filed pursuant to this part, the court shall
166	166	notify:
167	167	(A) The district attorney general in whose county the petitioner
168	168	resides and each district attorney general of the county in which each
169	169	conviction occurred that a petition for restoration of rights of citizenship
170	170	has been filed by the petitioner. The notice must be sent at least thirty
171	171	(30) days prior to any hearing on or disposition of the petition. Each
172	172	district attorney general so notified may object to the restoration of the
173	173	petitioner's citizenship rights either in person or in writing; and
174	174	(B) The coordinator of elections and the attorney general and
175	175	reporter. The notice must be sent at least thirty (30) days prior to any
176	176	hearing on or disposition of the petition. The coordinator of elections or
177	177	the attorney general and reporter, as counsel for this state, may intervene
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182	182	either in person or in writing for the purpose of objecting to the petitioner's
183	183	eligibility for restoration of citizenship rights.
184	184	(2) If the petitioner was rendered infamous or deprived of citizenship
185	185	rights by judgment of a federal court, then the circuit court shall give the notice
186	186	required in subdivision (c)(1) to the United States attorney, the district attorney
187	187	general in whose district the petitioner is currently residing, the coordinator of
188	188	elections, and the attorney general and reporter. Each such official has the same
189	189	right to object to the petition as is provided in subdivision (c)(1).
190	190	(d) The petitioner has the burden of establishing by a preponderance of the
191	191	evidence that the petitioner is eligible for restoration of each of the rights of citizenship
192	192	sought in the petition.
193	193	(e)
194	194	(1) The court shall order the restoration of the petitioner's full rights of
195	195	citizenship and send a copy of the order to the state coordinator of elections if,
196	196	upon the face of the petition or after conducting a hearing, the court finds:
197	197	(A) The petitioner is eligible for restoration of the right of suffrage
198	198	under § 40-29-102(b) and (c);
199	199	(B) The petitioner is not prohibited from possessing a firearm
200	200	under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j); and
201	201	(C) The petitioner merits having full citizenship rights restored; or
202	202	(2)
203	203	(A) If, upon the face of the petition or after conducting a hearing,
204	204	the court does not find that the petitioner's full citizenship rights should be
205	205	restored but does find that one (1) or more of the petitioner's citizenship
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210	210	rights should be restored, then the court shall so order; provided,
211	211	however, that:
212	212	(i) The court shall not order the restoration of the
213	213	petitioner's right to possess a firearm unless the person's full rights
214	214	of citizenship are being restored and the person is not prohibited
215	215	from possessing a firearm under § 39-17-1307(b), (f)(1), (h)(1)(D),
216	216	(i), or (j); and
217	217	(ii) The court shall not order the restoration of the
218	218	petitioner's right of suffrage unless the court finds that the
219	219	petitioner is eligible for restoration of the right of suffrage under §
220	220	40-29-102(b) and (c).
221	221	(B) If the court determines that the petitioner's right of suffrage
222	222	should be restored, then the court shall direct that a copy of an order
223	223	restoring the right of suffrage be sent to the state coordinator of elections.
224	224	(f) All costs for a proceeding under this part must be paid by the petitioner unless
225	225	the court specifically orders otherwise.
226	226	(g) A person whose right of suffrage has been restored by order of the court
227	227	pursuant to this section shall submit a certified copy of the order to the administrator of
228	228	elections of the county in which the person is eligible to vote. The administrator of
229	229	elections shall verify with the coordinator of elections that the order was issued and,
230	230	upon receiving the verification, shall issue the person a voter registration card entitling
231	231	the person to vote.
232	232	(h) If a person obtained a court order prior to the effective date of this act that
233	233	restores the person's right of suffrage and the person submits a certified copy of the
234	234	court order and a sworn statement signed by the person seeking restoration stating that
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239	239	the petitioner is eligible for restoration of the right of suffrage under § 40-29-102(c) to the
240	240	administrator of elections of the county in which the person resides, then the
241	241	administrator of elections shall provide a copy of the court order to the coordinator of
242	242	elections within five (5) business days. The coordinator of elections shall verify the court
243	243	order and, if the sworn statement is accurate and the person is otherwise eligible, inform
244	244	the administrator of elections that the person must be issued a voter registration card
245	245	entitling the person to vote. The coordinator of elections is authorized to develop a
246	246	uniform form for the sworn statement required by this subsection (h).
247	247	SECTION 8. Tennessee Code Annotated, Section 40-29-104, is amended by deleting
248	248	the section.
249	249	SECTION 9. Tennessee Code Annotated, Section 40-29-105, is amended by deleting
250	250	the section.
251	251	SECTION 10. Tennessee Code Annotated, Title 40, Chapter 29, is amended by
252	252	deleting Part 2.
253	253	SECTION 11. Tennessee Code Annotated, Section 40-20-114(b), is amended by
254	254	deleting "§ 40-29-105" and substituting "§ 40-29-103".
255	255	SECTION 12. This act takes effect upon becoming a law, the public welfare requiring it.