H-3146.1  _______________________________________________

 

                          HOUSE BILL 2455

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By Representatives Darneille, Santos, Murray, Dickerson, Veloria, McIntire, Lovick, Miloscia, Chase, Fisher and Wood

 

Read first time 01/17/2002.  Referred to Committee on Criminal Justice & Corrections.

Specifying when voting rights may be restored for felons.


    AN ACT Relating to restoring voting rights to felons upon completion of supervision; adding new sections to chapter 9.94A RCW; and adding a new section to chapter 9.96 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

    (1) When a person who has been convicted of one or more felonies has completed all of the requirements of all of his or her sentences, except for legal financial obligations, the secretary or the secretary's designee shall issue a certificate of restoration of the right to vote to the offender.  A continuing obligation to refrain from contacting certain persons or being in certain locations is not affected by, and shall not bar, the issuance of this certificate.

    (2) The certificate shall be provided to the offender in person or by mailing the certificate to the offender's last known address.  It shall also be sent to the secretary of state and the county auditor for the county of the offender's last known address.  In making a reasonable effort to assure that the notice reaches the offender, the department shall utilize likely sources of current address information, such as the department of licensing, and shall take steps to ascertain that the person to whom the notice is sent is accurately identified.  The department shall maintain an easily accessible record of the issuance of the certificate.

    (3) The certificate shall have the sole effect of restoring the voting right of the offender, and the certificate shall so state.  Nothing in this section affects or prevents the enforcement of legal financial obligations or the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence.

    (4) The department shall issue certificates of restoration of the right to vote to all felony offenders who have completed all of the requirements of their sentences prior to the effective date of this act, except for legal financial obligations, if a certificate of discharge has not previously been issued for that offender under RCW 9.94A.637.  The department shall utilize the same procedures for notice as set forth in subsection (2) of this section.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 9.96 RCW to read as follows:

    (1) When an offender has completed all of the requirements of all of his or her sentences, except for legal financial obligations, the indeterminate sentencing review board shall issue a certificate of restoration of the right to vote to the offender.  A continuing obligation to refrain from contacting certain persons or being in certain locations is not affected by, and shall not bar, the issuance of this certificate.

    (2) The certificate shall be provided to the offender in person or by mailing the certificate to the offender's last known address.  It shall also be sent to the secretary of state and the county auditor for the county of the offender's last known address.  In making a reasonable effort to assure that the notice reaches the offender, the board shall utilize likely sources of current address information, such as the department of licensing, and shall take steps to ascertain that the person to whom the notice is sent is accurately identified.  The department of corrections shall maintain an easily accessible record of the issuance of the certificate.

    (3) The certificate shall have the sole effect of restoring the voting right of the offender, and the certificate shall so state.  Nothing in this section affects or prevents the enforcement of legal financial obligations or the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence.

    (4) The board shall issue certificates of restoration of the right to vote to all felony offenders who have completed all of the requirements of their sentences prior to the effective date of this act, except for legal financial obligations, if a certificate of discharge has not previously been issued for that offender under RCW 9.96.050.  The board shall utilize the same procedures for notice as set forth in subsection (2) of this section.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 9.94A RCW to read as follows:

    (1) When an offender has completed all of the requirements of all of his or her federal or out-of-state felony sentences, except for legal financial obligations, the clemency and pardons board shall issue a certificate of restoration of the right to vote to the offender.  A continuing obligation to refrain from contacting certain persons or being in certain locations is not affected by, and shall not bar, the issuance of this certificate.

    (2) The certificate shall be provided to the offender in person or by mailing the certificate to the offender's last known address.  It shall also be sent to the secretary of state and the county auditor for the county of the offender's last known address.  In making a reasonable effort to assure that the notice reaches the offender, the board shall utilize likely sources of current address information, such as the department of licensing, and shall take steps to ascertain that the person to whom the notice is sent is accurately identified.  The department of corrections shall maintain an easily accessible record of the issuance of the certificate.

    (3) The certificate shall have the sole effect of restoring the voting right of the offender, and the certificate shall so state.  Nothing in this section affects or prevents the enforcement of legal financial obligations or the offender's obligation to comply with an order issued that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence.

    (4) The board shall issue certificates of restoration of the right to vote to all felony offenders who have completed all of the requirements of their sentences prior to the effective date of this act, except for legal financial obligations.  The board shall utilize the same procedures for notice as set forth in subsection (2) of this section.

 


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