AN ACT Relating to the restoration of civil rights; amending RCW 29.07.080, 9.95.260, and 9.96.050; 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 9.96 RCW to read as follows:

(1) The civil right to franchise of a convicted person is automatically restored upon:

(a) The granting of parole or probation to the person;

(b) Completion of the incarceration portion of the person's sentence; or

(2) The board of prison terms and paroles shall notify each person described in subsection (1) of this section of the restoration of civil rights and that the secretary of state shall issue a certificate to that effect.

(3) The board of prison terms and paroles shall notify the secretary of state of the name and address of each person described in subsection (1) of this section. The secretary of state shall issue a certificate to each such person, attesting to the restoration of civil rights.

Sec. 2. Section 29.07.080, chapter 9, Laws of 1965 as last amended by section 4, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.080 are each amended to read as follows:

The registrar shall note the sex of the applicant on the registration form. He shall then require the applicant to sign an oath in the following form: "I, the undersigned, on oath or affirmation, do hereby declare that the facts set forth herein relating to my qualifications as a voter, recorded by the registration officer in my presence, are true. I further certify ((~~that I am not presently denied my civil rights as a result of being convicted of an infamous crime and~~)) that I will be at least eighteen years of age at the time of voting"; and the registration officer shall sign and date such oath in verification of the fact that the same was signed and sworn to before him in the following form: "Subscribed and sworn to before me this ..... day of .......... , 19.. , .......... Registration Officer".

Otherwise the registration officer shall refuse to register the applicant. Upon receipt of the registration record, the county auditor shall note on the record all of the identifying code numbers and precinct in which the applicant resides.

Sec. 3. Section 7, chapter 114, Laws of 1935 as last amended by section 44, chapter 136, Laws of 1981 and RCW 9.95.260 are each amended to read as follows:

It shall be the duty of the board of prison terms and paroles, when requested by the governor, to pass on the representations made in support of applications for pardons for convicted persons and to make recommendations thereon to the governor.

It will be the duty of the secretary of corrections to exercise supervision over such convicted persons as have been conditionally pardoned by the governor, to the end that such persons shall faithfully comply with the conditions of such pardons. ((The board of prison terms and paroles shall also pass on any representations made in support of applications for restoration of civil rights of convicted persons, and make recommendations to the governor.)) The department of corrections shall prepare materials and make investigations requested by the board of prison terms and paroles in order to assist the board in passing on the representations made in support of applications for pardon ((~~or for the restoration of civil rights~~)).

Sec. 4. Section 1, chapter 187, Laws of 1961 as amended by section 1, chapter 75, Laws of 1980 and RCW 9.96.050 are each amended to read as follows:

When a prisoner on parole has performed the obligations of his release for such time as shall satisfy the board of prison terms and paroles that his final release is not incompatible with the best interests of society and the welfare of the paroled individual, the board ((~~may~~)) shall make a final order of discharge and issue a certificate of discharge to the prisoner. The board retains the jurisdiction to issue a certificate of discharge after the expiration of the prisoner's or parolee's maximum statutory sentence: PROVIDED, That no such order of discharge shall be made in any case within a period of less than one year from the date on which the board has conditionally discharged the parolee from active supervision by a probation and parole officer, except where the parolee's maximum statutory sentence expires earlier. ((~~Such discharge, regardless of when issued, shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certification of discharge shall so state.~~))

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.