BILL REQ. #: H-0439.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/22/09. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to the restoration of the right to vote for people who were convicted of felonies; amending RCW 29A.08.520, 9.92.066, 9.94A.637, 10.64.140, and 9.94A.885; reenacting and amending RCW 9.96.050; and repealing RCW 10.64.021.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.08.520 and 2005 c 246 s 15 are each amended to
read as follows:
(1) ((Upon receiving official notice of a person's conviction of a
felony in either state or federal court, if the convicted person is a
registered voter in the county, the county auditor shall cancel the
defendant's voter registration. Additionally, the secretary of state
in conjunction with the department of corrections, the Washington state
patrol, the office of the administrator for the courts, and other
appropriate state agencies shall arrange for a quarterly comparison of
a list of known felons with the statewide voter registration list. If
a person is found on a felon list and the statewide voter registration
list)) For a felony conviction in a Washington state court, the right
to vote is restored as long as the person is not under the authority of
the department of corrections. For a felony conviction in a federal
court or any state court other than a Washington state court, the right
to vote is restored as long as the person is no longer incarcerated.
(2) At least twice a year, the secretary of state shall compare the
list of registered voters to a list of felons who are under the
authority of the department of corrections. If a registered voter is
under the authority of the department of corrections, the secretary of
state or county auditor shall confirm the match through a date of birth
comparison and suspend the voter registration from the official state
voter registration list. The ((canceling authority)) secretary of
state's office shall send to the person at his or her last known voter
registration address and at the department of corrections a notice of
the proposed cancellation ((and an explanation of the requirements for
restoring the right to vote once all terms of sentencing have been
completed. If the person does not respond within thirty days, the
registration must be canceled)) of the voter registration.
(((2) The right to vote may be restored by, for each felony
conviction, one of the following:))
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020.
(3) For the purposes of this section, a person is under the
authority of the department of corrections if the person is (a) serving
a sentence of confinement in the custody of the department of
corrections, or (b) subject to community custody, community placement,
or community supervision under RCW 9.94A.030.
Sec. 2 RCW 9.92.066 and 2003 c 66 s 2 are each amended to read as
follows:
(1) Upon termination of any suspended sentence under RCW 9.92.060
or 9.95.210, such person may apply to the court for restoration of his
or her civil rights not already restored by RCW 29A.08.520. Thereupon
the court may in its discretion enter an order directing that such
defendant shall thereafter be released from all penalties and
disabilities resulting from the offense or crime of which he or she has
been convicted.
(2)(a) Upon termination of a suspended sentence under RCW 9.92.060
or 9.95.210, the person may apply to the sentencing court for a
vacation of the person's record of conviction under RCW 9.94A.640. The
court may, in its discretion, clear the record of conviction if it
finds the person has met the equivalent of the tests in RCW
9.94A.640(2) as those tests would be applied to a person convicted of
a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is entered
shall immediately transmit the order vacating the conviction to the
Washington state patrol identification section and to the local police
agency, if any, which holds criminal history information for the person
who is the subject of the conviction. The Washington state patrol and
any such local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the order
vacating the conviction to the federal bureau of investigation. A
conviction that has been vacated under this section may not be
disseminated or disclosed by the state patrol or local law enforcement
agency to any person, except other criminal justice enforcement
agencies.
Sec. 3 RCW 9.94A.637 and 2007 c 171 s 1 are each amended to read
as follows:
(1)(a) When an offender has completed all requirements of the
sentence, including any and all legal financial obligations, and while
under the custody and supervision of the department, the secretary or
the secretary's designee shall notify the sentencing court, which shall
discharge the offender and provide the offender with a certificate of
discharge by issuing the certificate to the offender in person or by
mailing the certificate to the offender's last known address.
(b)(i) When an offender has reached the end of his or her
supervision with the department and has completed all the requirements
of the sentence except his or her legal financial obligations, the
secretary's designee shall provide the county clerk with a notice that
the offender has completed all nonfinancial requirements of the
sentence.
(ii) When the department has provided the county clerk with notice
that an offender has completed all the requirements of the sentence and
the offender subsequently satisfies all legal financial obligations
under the sentence, the county clerk shall notify the sentencing court,
including the notice from the department, which shall discharge the
offender and provide the offender with a certificate of discharge by
issuing the certificate to the offender in person or by mailing the
certificate to the offender's last known address.
(c) When an offender who is subject to requirements of the sentence
in addition to the payment of legal financial obligations either is not
subject to supervision by the department or does not complete the
requirements while under supervision of the department, it is the
offender's responsibility to provide the court with verification of the
completion of the sentence conditions other than the payment of legal
financial obligations. When the offender satisfies all legal financial
obligations under the sentence, the county clerk shall notify the
sentencing court that the legal financial obligations have been
satisfied. When the court has received both notification from the
clerk and adequate verification from the offender that the sentence
requirements have been completed, the court shall discharge the
offender and provide the offender with a certificate of discharge by
issuing the certificate to the offender in person or by mailing the
certificate to the offender's last known address.
(2) Every signed certificate and order of discharge shall be filed
with the county clerk of the sentencing county. In addition, the court
shall send to the department a copy of every signed certificate and
order of discharge for offender sentences under the authority of the
department. The county clerk shall enter into a database maintained by
the administrator for the courts the names of all felons who have been
issued certificates of discharge, the date of discharge, and the date
of conviction and offense.
(3) An offender who is not convicted of a violent offense or a sex
offense and is sentenced to a term involving community supervision may
be considered for a discharge of sentence by the sentencing court prior
to the completion of community supervision, provided that the offender
has completed at least one-half of the term of community supervision
and has met all other sentence requirements.
(4) Except as provided in subsection (5) of this section, the
discharge shall have the effect of restoring all civil rights ((lost by
operation of law upon conviction)) not already restored by RCW
29A.08.520, and the certificate of discharge shall so state. Nothing
in this section prohibits the use of an offender's prior record for
purposes of determining sentences for later offenses as provided in
this chapter. Nothing in this section affects or prevents use of the
offender's prior conviction in a later criminal prosecution either as
an element of an offense or for impeachment purposes. A certificate of
discharge is not based on a finding of rehabilitation.
(5) Unless otherwise ordered by the sentencing court, a certificate
of discharge shall not terminate 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. An offender who violates such an order
after a certificate of discharge has been issued shall be subject to
prosecution according to the chapter under which the order was
originally issued.
(6) Upon release from custody, the offender may apply to the
department for counseling and help in adjusting to the community. This
voluntary help may be provided for up to one year following the release
from custody.
Sec. 4 RCW 9.96.050 and 2007 c 363 s 4 and 2007 c 171 s 2 are
each reenacted and amended to read as follows:
(1)(a) When an offender on parole has performed all obligations of
his or her release, including any and all legal financial obligations,
for such time as shall satisfy the indeterminate sentence review board
that his or her final release is not incompatible with the best
interests of society and the welfare of the paroled individual, the
board may make a final order of discharge and issue a certificate of
discharge to the offender.
(b) The board retains the jurisdiction to issue a certificate of
discharge after the expiration of the offender's or parolee's maximum
statutory sentence. If not earlier granted and any and all legal
financial obligations have been paid, the board shall issue a final
order of discharge three years from the date of parole unless the
parolee is on suspended or revoked status at the expiration of the
three years.
(c) The discharge, regardless of when issued, shall have the effect
of restoring all civil rights ((lost by operation of law upon
conviction)) not already restored by RCW 29A.08.520, and the
certification of discharge shall so state.
(d) This restoration of civil rights shall not restore the right to
receive, possess, own, or transport firearms.
(e) The board shall issue a certificate of discharge to the
offender in person or by mail to the offender's last known address.
(2) The board shall send to the department of corrections a copy of
every signed certificate of discharge for offender sentences under the
authority of the department of corrections.
(3) The discharge provided for in this section shall be considered
as a part of the sentence of the convicted person and shall not in any
manner be construed as affecting the powers of the governor to pardon
any such person.
Sec. 5 RCW 10.64.140 and 2005 c 246 s 1 are each amended to read
as follows:
(1) When a person is convicted of a felony, the court shall require
the defendant to sign a statement acknowledging that:
(((1))) (a) The defendant's right to vote has been lost due to the
felony conviction;
(((2))) (b) If the defendant is registered to vote, the voter
registration will be canceled;
(((3) The right to vote may be restored by:)) (c) The right is restored as long as the
defendant is not under the authority of the department of corrections;
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order issued by the sentencing court restoring the
right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020
(d) The defendant must reregister before voting; and
(((4))) (e) Voting before the right is restored is a class C felony
under RCW 29A.84.660.
(2) For the purposes of this section, a person is under the
authority of the department of corrections if the person is (a) serving
a sentence of confinement in the custody of the department of
corrections, or (b) subject to community custody, community placement,
or community supervision under RCW 9.94A.030.
Sec. 6 RCW 9.94A.885 and 1999 c 323 s 3 are each amended to read
as follows:
(1) The clemency and pardons board shall receive petitions from
individuals, organizations, and the department for review and
commutation of sentences and pardoning of offenders in extraordinary
cases, and shall make recommendations thereon to the governor.
(2) The board shall receive petitions from individuals or
organizations for the restoration of civil rights lost by operation of
state law as a result of convictions for federal offenses or out-of-state felonies. The board may issue certificates of restoration
limited to ((the elective rights to vote and to engage)) engaging in
political office. Any certifications granted by the board must be
filed with the secretary of state to be effective. In all other cases,
the board shall make recommendations to the governor.
(3) The board shall not recommend that the governor grant clemency
under subsection (1) of this section until a public hearing has been
held on the petition. The prosecuting attorney of the county where the
conviction was obtained shall be notified at least thirty days prior to
the scheduled hearing that a petition has been filed and the date and
place at which the hearing on the petition will be held. The board may
waive the thirty-day notice requirement in cases where it determines
that waiver is necessary to permit timely action on the petition. A
copy of the petition shall be sent to the prosecuting attorney. The
prosecuting attorney shall make reasonable efforts to notify victims,
survivors of victims, witnesses, and the law enforcement agency or
agencies that conducted the investigation, of the date and place of the
hearing. Information regarding victims, survivors of victims, or
witnesses receiving this notice are confidential and shall not be
available to the offender. The board shall consider written, oral,
audio, or videotaped statements regarding the petition received,
personally or by representation, from the individuals who receive
notice pursuant to this section. This subsection is intended solely
for the guidance of the board. Nothing in this section is intended or
may be relied upon to create a right or benefit, substantive or
procedural, enforceable at law by any person.
NEW SECTION. Sec. 7 RCW 10.64.021 (Notice of conviction) and
1994 c 57 s 1 are each repealed.