Wyoming 2025 Regular Session

Wyoming Senate Bill SF0009 Latest Draft

Bill / Enrolled Version Filed 02/27/2025

                            ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to criminal procedure; specifying 
eligibility for the restoration of rights; expanding the 
scope of judicial review of restoration of rights 
eligibility determinations; amending notification 
requirements regarding the issuance of restoration of 
rights certificates; clarifying the effect of a new felony 
conviction upon a prior restoration of rights; amending the 
definition of violent felony; making conforming amendments; 
and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.  W.S. 1-11-102, 7-13-105(a)(intro), 
(b)(intro), (ii), (c)(i), (ii), (d), (e)(ii), (f), (g)(i), 
(ii), by creating a new paragraph (iii) and by creating new 
subsections (h) and (j) and 25-1-104(k) are amended to 
read:
1-11-102.  Convicted felon disqualified.
A person who has been convicted of any felony is 
disqualified to act as a juror unless his conviction is 
reversed or annulled, he receives a pardon or his rights 
are restored pursuant to W.S. 7-13-105(a) or (f).
7-13-105.  Certificate of restoration of rights; 
procedure for restoration in general; procedure for 
restoration of voting rights for nonviolent felonies; 
filing requirements.
(a)  
section, u
governor may issue to a person convicted of a felony 
the laws of a state or the United States  ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
which restores the rights lost pursuant to W.S. 6-10-106 
when:
(b)  
section, the department of corrections shall issue a 
certificate of restoration of voting rights as provided in 
this subsection and subsection (c) of this section. Upon 
issuance of a certificate, voting rights lost pursuant to 
W.S. 6-10-106 shall be deemed restored. The department of 
corrections shall automatically issue a person convicted of 
a nonviolent felony or nonviolent felonies arising out of 
the same occurrence or related course of events a 
certificate of restoration of voting rights if:
(ii)  The person has completed all of his 
sentence, including probation or parole
conviction the person had the right to vote or would have 
had the right to vote upon attaining the age of eighteen 
(18) years.
(c)  The department of corrections shall issue a 
certificate of restoration of voting rights to eligible 
persons as follows:
(i)  For persons convicted 
nonviolent felony or nonviolent felonies 
the state of Wyoming arising out of the same occurrence or 
related course of events who completed their sentence 
before January 1, 2010, the department shall require 
receipt of a written request on a form prescribed by the 
department and issue each eligible person a certificate of 
restoration of voting rights following a determination that 
the person has completed his sentence, including probation 
and parole. The department shall not require an application 
for restoration before issuing a certificate to eligible  ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
persons who complete their sentence on and after January 1, 
2010;
(ii)  For persons convicted 
under federal law 
felonies  arising out of the 
same occurrence or related course of events, the department 
shall issue each eligible person a certificate of 
restoration of voting rights upon receipt of a written 
request on a form prescribed by the department and 
following a determination that the person has completed his 
sentence, including probation and parole.
(d)  The department of correction's determination that 
a person is ineligible for a certificate of restoration of 
voting 
section is a final action of the agency subject to judicial 
review. The clerk of the district court and the division of 
criminal investigation shall cooperate with the department 
of corrections in providing information necessary for 
determining a person's eligibility to receive a certificate 
of restoration of 
corrections shall notify the secretary of state when any 
person's voting rights have been restored. 
was convicted in Wyoming, he department of corrections 
shall submit the certificate of restoration of voting 
rights to the clerk of the district court in which the 
person was convicted and the clerk shall file the 
certificate in the criminal case in which the conviction 
was entered.
(e)  As used in this section:
(ii)  "Violent felony" means as defined by W.S. 
6-1-104(a)(xii), including offenses committed in another  ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4
jurisdiction  which if committed in this state would 
constitute a violent felony under W.S. 6-1-104(a)(xii).  
"Nonviolent felony" includes all felony offenses not 
otherwise defined as violent felonies.
(f)  
section, all other rights a person has lost pursuant to 
W.S. 6-10-106 shall be restored five (5) years after the 
person has completed their sentence, including applicable 
periods of probation or parole. A person shall only be 
eligible for restoration of their rights under this 
subsection if the person has not been convicted of any 
other felony other than convictions arising out of the same 
occurrence or related course of events for which 
restoration of rights is to be certified. The date on which 
all rights are restored under this subsection shall be 
noted on a certificate issued by the department which shall 
be the same certificate issued under subsections (b) and 
(c) of this section if the certificate is issued on or 
after July 1, 2023, or a separate certificate issued upon 
receipt of a written request on a form prescribed by the 
department for a person eligible for restoration of rights 
under this subsection prior to July 1, 2023. A conviction 
for a new felony upon the issuance of any certificate under 
this section shall render the certificate void 
accordance with subsection (h) of this section
(g)  When a certificate of restoration of rights is 
issued pursuant to subsections (a) or (f) of this section, 
the department of corrections shall:
(i)  Notify the federal bureau of alcohol, 
tobacco, and 
possess any firearm have been restored pursuant to 
subsections (a) or (f) of this section and explosives; ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5
(ii)  File a copy of the certificate with the 
secretary of state;.
(iii)  Notify the division of criminal 
investigation.
(h)  Upon conviction of a new felony under the laws of 
the state of Wyoming, the laws of another state or federal 
law on or after the date a certificate of restoration of 
rights is issued under this section, the certificate shall 
automatically be void and all rights that were deemed 
restored by the certificate shall no longer be deemed 
restored.
(j)  A person shall only be eligible for a certificate 
of restoration of rights under this section as follows:
(i)  Under subsection (a) of this section if the 
person was convicted of a felony under the laws of the 
state of Wyoming or another state;
(ii)  For purposes of the restoration of rights 
to possess a firearm, under subsection (f) of this section 
if the person was convicted of a nonviolent felony or 
nonviolent felonies arising out of the same occurrence or 
related course of events under the laws of the state of 
Wyoming;
(iii)  Under subsections (b) and (c) of this 
section if the person was convicted of a nonviolent felony 
or nonviolent felonies arising out of the same occurrence 
or related course of events under the laws of the state of 
Wyoming or another state. ORIGINAL SENATE
FILE NO. SF0009
ENROLLED ACT NO. 52, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
625-1-104.  Creation of department of corrections; 
duties; inspections of state institutions; regulation of 
prisoner produced goods.
(k)  The department of corrections shall issue 
certificates of restoration of 
W.S. 7-13-105(b) and (c), (f) and (j).
Section 2.  This act is effective immediately upon 
completion of all acts necessary for a bill to become law 
as provided by Article 4, Section 8 of the Wyoming 
Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk