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F I S C A L I M P A C T R E P O R T

SPONSOR:	SRC		DATE TYPED:	03/01/01		HB
SHORT TITLE:		Restore Voting Rights				SB	CS/204/aSJC
					ANALYST:		Woodlee

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY01

FY02

FY01

FY02

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Relates Senate Joint Resolution 8.

SOURCES OF INFORMATION

LFC Files

Secretary of State

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee amendment for SRC Substitute for Senate Bill 204 makes technical changes to the bill. The amendment ensures that references to a felon being "registered" means "registered to vote." Also, the amendment clarifies that the clerk of the court shall notify the county clerk of the county where the convicted felon is registered to vote.

Synopsis of Substitute Bill

The Senate Rules Committee Substitute for Senate Bill 204 amends the Election Code and allows for a convicted felon to have full voting rights upon completion of probation or parole requirements.

Significant Issues

The bill provides for a process of canceling an individual's voter registration following a felony conviction. In addition, the bill provides that after the conditions of probation or parole have been met by the individual, the state or federal institution will notify the Secretary of State and the

Clerk of the County in which he or she resides. The bill proposes to not allow a person who has been convicted of a felony to be permitted to vote in any statewide, county, municipal, or district election unless they:

Have satisfactorily completed the terms of a suspended or deferred sentence imposed by a court;
Was unconditionally discharged from a state correctional facility and has satisfactorily completed all conditions of probation or parole;
Was unconditionally discharged from a federal correctional facility and has satisfactorily completed all conditions of probation or parole; or
Has presented the Governor with a certificate verifying the completion of the sentence and was granted a pardon or a certificate by the Governor restoring full rights of citizenship.

The bill provides that after serving the entire sentence, including probation or parole, the individual must request a certificate of completion, which is to be presented to the county clerk. In addition to this certificate, the county clerk may accept a judgement or sentence from a court which shows completion of the sentence or a certificate of completion from another state or the federal government. Also, the bill indicates a convicted felon shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district unless the person has presented the Governor with a certificate, as in item 4 above.

The bill provides for penalties and exception for allowing prisoners to vote.

FISCAL IMPLICATIONS

There is no appropriation contained within this bill.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Senate Rules Committee Substitute for Senate Bill 204 is a companion to Senate Joint Resolution 8 which proposes a constitutional amendment to allow persons convicted of a felony to vote.

MW/ar