Restoration of rights.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0147

HOUSE BILL
NO.
HB0050

Restoration of
rights.

Sponsored by:
Representative(s)
Warren
, Bagby, Craft, Esquibel, F., Esquibel, K., Jorgensen, Throne and Zwonitzer, Dn.

A BILL

for

AN ACT relating to
restoration of
rights
lost as a result of a felony conviction
;
modifying eligibility requirements for
restoration of voting rights as specified; requiring that persons be provided with
notice of eligibility for restoration of rights;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
13
‑
105(b)
, (d)
and by creating a new subsection (e) is amended to read:

7
‑
13
‑
105.

Certificate of restoration of rights; procedure for restoration in general; procedure for restoration of voting rights for
certain
felonies; filing requirements.

(b)

A person convicted of a
nonviolent

felony or

nonviolent

felonies
arising out of the same occurrence or related course of events

may apply in writing to the state board of parole for a certificate which restores the person's voting rights lost pursuant to W.S. 6
‑
10
‑
106. The application shall specifically state that the requirements of this subsection have been met and shall be on a form approved by the state board of parole. The state board of parole shall issue a certificate restoring a person's voting rights if:

(i)

The applicant has never been convicted of
any other

an election related
felony
;

other than convictions arising out of the same occurrence for which restoration of rights is sought;

(ii)

All of the applicant's terms of sentence are expired, or in the case of probation, the applicant has completed all probation periods;

and

(iii)

The applicant has not been convicted of any other felony since the
application was made and the
expiration of all the applicant's terms of sentence, or in the case of probation, the completion of all probation periods; and

(iii)
(iv)

It has been at least
five (5) years

one (1) year
since the expiration of all of the applicant's terms of sentence, or in the case of probation, the completion of all probation periods.

(d)

As used in this section, "
violent

election

related

felony
" means
as defined by W.S. 6-1-104(a)(xii)

any of the offenses classified as felonies under W.S. 22
‑
26
‑
101 through 22
‑
26
‑
111, 22
‑
25
‑
108(d) or 22
‑
26
‑
119
, including offenses committed in another jurisdiction which if committed in this state would constitute a
violent
felony under
W.S.

6-1-104(a)(xii)
.
As used in this section, "nonviolent felony" includes all felony offenses not otherwise defined as violent felonies

22
‑
26
‑
101 through 22
‑
26
‑
111, 22
‑
25
‑
108(d) or 22
‑
26
‑
119
.

(e)

The department of corrections
,
upon expiration of all of the terms of sentence
or in the case of probation the completion of all probation periods
of a person who will be eligible for restoration of rights under
subsection (a) or (b) of

this section, shall notify the person in writing of his eligibility to apply for restoration of
his
rights.

Section 2.

This act is effect
ive July 1, 2008.

(END)

1
HB0050