12100517D
HOUSE BILL NO. 16
Offered January 11, 2012
Prefiled December 2, 2011
A BILL to amend and reenact §53.1-231.2 of the Code of
Virginia, relating to restoration of civil rights.
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Patrons-- Habeeb and Ware, O.
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:
1. That §53.1-231.2 of the Code of Virginia is amended
and reenacted as follows:
§53.1-231.2. Restoration of the civil right to be eligible to
register to vote to certain persons.
This section shall apply to
any person who is not a qualified voter because of a felony conviction, who
seeks to have his right to register to vote restored and become eligible to
register to vote, and who meets the conditions and requirements set out in this
section.
Any person who is not a qualified voter
because of a felony conviction, other than a person (i)
convicted of a violent felony as defined in §19.2-297.1 or in subsection C of
§17.1-805 and any crime ancillary thereto, (ii) convicted of a felony pursuant to §§18.2-248, 18.2-248.01, 18.2-248.1,
18.2-255, 18.2-255.2 or §18.2-258.02 drug
offense set forth in Articles 1 (§18.2-247 et seq.) and 1.1 (§
18.2-265.1 et seq.) of Chapter 7 of Title 18.2,
or (iii) convicted of a felony pursuant to §24.2-1016, may
petition the circuit court of the county or city in which he was convicted of a
felony, or the circuit court of the county or city in which he presently
resides, for restoration of shall have
his civil right to be eligible to register to vote through
the process set out in this section. On such petition, the court may approve
the petition for restoration to the person of his right if the court is
satisfied from the evidence presented that the petitioner has completed, five
or more years previously, service automatically
restored upon the completion of any
sentence and any modification of sentence including probation, parole, and
suspension of sentence; that the petitioner has
demonstrated civic responsibility through community or comparable
service; and that the petitioner has been free from criminal convictions,
excluding traffic infractions, for the same period, and the payment in full of any restitution,
fines, costs, and fees assessed against the person as a result of the felony
conviction.
If the court approves the
petition, it shall so state in an order, provide a copy of the order to the
petitioner, and transmit its order to the Secretary of the Commonwealth. The
order shall state that the petitioner's right to be eligible to register to
vote may be restored by the date that is 90 days after the date of the order, subject
to the approval or denial of restoration of that right by the Governor. The
Secretary of the Commonwealth shall transmit the order to the Governor who may
grant or deny the petition for restoration of the right to be eligible to
register to vote approved by the court order. The Secretary of the Commonwealth
shall send, within 90 days of the date of the order, to the petitioner at the
address stated on the court's order, a certificate of restoration of that right
or notice that the Governor has denied the restoration of that right. The
Governor's denial of a petition for the restoration of voting rights shall be a
final decision and the petitioner shall have no right of appeal. The Secretary
shall notify the court and the State Board of Elections in each case of the
restoration of the right or denial of restoration by the Governor.
On receipt of the certificate
of restoration of the right to register to vote from the Secretary of the
Commonwealth, the petitioner, who is otherwise a qualified voter, shall become
eligible to register to vote.
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