Restoration of rights after felony conviction.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0287

HOUSE BILL
NO.

HB0126

Restoration of rights after felony conviction.

Sponsored by:
Representative(s) Zwonitzer, Dn., Barlow, Connolly, Greene, Kroeker, Loucks and Petroff and Senator(s) Case

A BILL

for

AN ACT relating to
restoration of rights lost as a result of a felony conviction; modifying eligibility requirements for restoration of rights; providing that restoration of rights is ministerial as specified; amending authority of parole board;
and providing for an effective date.

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

Section 1.

W.S.
1
‑
11
‑
102,
6
‑
8
‑
102,
6
‑
8
‑
104(b)(v)(B),
6
‑
10
‑
106(a)(iv), 7
‑
13
‑
105(b)(intro), (
i
)
,
(ii),
by
creating a new subsection (d) and
by amending and
renumbering (d) as (e), 7
‑
13
‑
401(f) and 7
‑
13
‑
402(f) are amended to read:

1
‑
11
‑
102.

Convicted felon disqualified.

A person who has been convicted of any felony is disqualified to act as a juror unless his conviction is reversed or annulled, he receives a pardon or his rights are restored pursuant to W.S.
7
‑
13
‑
105(
a)

7
‑
13
‑
105
.

6
‑
8
‑
102.

Use or possession of firearm by person convicted of certain felony offenses; penalties.

Any person who has previously pleaded guilty to or been convicted of committing or attempting to commit a violent felony or a felony under W.S. 6
‑
5
‑
204(
b), and has not been pardoned
or had his rights restored under W.S. 7
‑
13
‑
105
and who uses or knowingly possesses any firearm is guilty of a felony punishable by imprisonment for not more than three (3) years, a fine of not more than five thousand dollars ($5,000.00), or both.

6
‑
8
‑
104.

Wearing or carrying concealed weapons; penalties; exceptions; permits.

(b)

The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified as provided by this subsection. The attorney general shall promulgate rules necessary to carry out this section no
later than October 1, 1994. Applications for a permit to carry a concealed firearm shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid throughout the state for a period of five (5) years from the date of issuance. The
permittee
shall carry the permit, together with valid identification at all times when the
permittee
is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer. The attorney general through the division shall issue a permit to any person who:

(v)

Has not been:

(B)

Convicted of a felony violation of the Wyoming Controlled Substances Act of 1971, W.S. 35
‑
7
‑
1001 through 35
‑
7
‑
1057 or similar laws of any other state or the United States relating to controlled substances and has not been pardoned

or had his rights restored pursuant to W.S. 7
‑
13
‑
105
; or

6
‑
10
‑
106.

Rights lost by conviction of felony; restoration.

(a)

A person convicted of a felony is incompetent to be an elector or juror or to hold any office of honor, trust or profit within this state, unless:

(iv)

His rights as an elector are restored pursuant to W.S. 7
‑
13
‑
105
.
(b) and (c), in which case the person shall remain incompetent to be a juror or to hold any office of honor, trust or profit within this state.

7
‑
13
‑
105.

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

(b)

Except as provided in subsection (d) of this section, 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.

shall
have his
rights restored and t
he state board of parole shall issue a certificate restoring a person's

voting

rights
if
:

(
i
)

The applicant has
never

not subsequently
been convicted of any other felony other than convictions arising out of the same occurrence for which restoration of rights is sought;

and

(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

(d)

Notwithstanding subsection (b) of this section, a person convicted of a
violent felony
while using a firearm or
violent felonies arising out of the same occurrence or related course of events
while using a firearm

shall be issued by the
state board of parole a certificate which restores the person's rights lost pursuant to W.S. 6
‑
10
‑
106
if:

(
i
)

The applicant has
not subsequently
been convicted of any other felony other than convictions arising out of the same occurrence for which restoration of rights is sought;
and

(ii)

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

(d)
(e)

As used in this section, "violent felony" means as defined by W.S. 6
‑
1
‑
104(a)(xii), 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.

7
‑
13
‑
401.

Definitions; creation of board; officers; compensation; hearing panels; meetings.

(
f
)

Three (3) or more members of the board may constitute a hearing panel empowered to review applications for parole, grant paroles
or
revoke paroles
.

Fewer than three (3) members of the board, as may be provided by rule of the board, may
withdraw or revoke good time, restore or reinstate good time
,

make initial determinations of eligibility and restore voting rights pursuant to W.S. 7
‑
13
‑
105(
b) and (c),

make recommendations to the governor
to grant commutations of sentences
and review inmate matters, other than the grant or denial of parole, brought before the board
. A decision by a majority of the members of a panel under this subsection is the decision of the board.

7
‑
13
‑
402.

General
powers
and duties of board; eligibility for parole; immunity.

(f)

The promulgation of substantive rules by the board, the conduct of its hearings and its final decisions are specifically exempt from all provisions of the Wyoming Administrative Procedure Act including the provisions for judicial review under W.S. 16
‑
3
‑
114 and 16
‑
3
‑
115.
This exception shall not apply to the provisions authorizing a contested case hearing under W.S. 7
‑
13
‑
105(c).
The board's rules and regulations shall be filed in the office of the secretary of state.

Section 2.

W.S. 7
‑
13
‑
105(
b)(iii)
and
(c) and 7
‑
13
‑
402(h) are repealed.

Section 3.

This act is effective July 1, 2014.

(END)

1
HB0126