14101665D
HOUSE BILL NO. 556
Offered January 8, 2014
Prefiled January 6, 2014
A BILL to amend and reenact §53.1-231.2 of the Code of
Virginia, relating to restoration of civil right to register to vote.
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Patron-- Carr
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Committee Referral Pending
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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, 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,
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 who is not a qualified voter
because of a felony conviction 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 all 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.
2. That the provisions of this act shall become effective
January 1, 2017, contingent upon the passage of an amendment to the
Constitution of Virginia on the Tuesday after the first Monday in November 2015
amending Section 1 of Article II of the Constitution of Virginia.
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