HB0075 • 2017

Automatic restoration of the right to vote.

AN ACT relating to criminal procedure; amending requirements for restoration of voting rights to persons convicted of nonviolent felonies; repealing certain eligibility requirements for certificates of restoration of rights; and providing for an effective date.

Crime Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Byrd
Last action: 2017-03-10
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

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Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0075HS001

Standing Committee • HJudiciary

Adopted

Plain English: Adopted Standing Committee by HJudiciary

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2017-03-10 Governor
Governor Signed HEA No. 0106
2017-03-10 LSO
Assigned Chapter Number
2017-03-03 Senate
S President Signed HEA No. 0106
2017-03-02 House
H Speaker Signed HEA No. 0106
2017-03-01 LSO
Assigned Number HEA No. 0106
2017-03-01 Senate
S 3rd Reading:Passed 22-8-0-0-0
2017-02-28 Senate
S 2nd Reading:Passed
2017-02-27 Senate
S COW:Passed
2017-02-24 Senate
S Placed on General File
2017-02-24 Senate
S01 - Judiciary:Recommend Do Pass 3-2-0-0-0
2017-02-23 Senate
S Introduced and Referred to S01 - Judiciary
2017-01-30 Senate
S Received for Introduction
2017-01-26 House
H 3rd Reading:Passed 41-17-2-0-0
2017-01-25 House
H 2nd Reading:Passed
2017-01-24 House
H COW:Passed
2017-01-20 House
H Placed on General File
2017-01-20 House
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0
2017-01-13 House
H Introduced and Referred to H01 - Judiciary
2017-01-09 House
H Received for Introduction
2017-01-03 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0075
Effective
:

7/1/2017

LSO No.:
17LSO-0033

Enrolled Act No.:
HEA No. 0106

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Byrd

Catch Title:
Automatic restoration of the right to vote.

Subject:
Certificate of restoration of voting rights
.

Summary/Major Elements:

Under existing law,
a
person convicted of a nonviolent felony or nonviolent felonies
arising out of the same occurrence or related course of events
may, upon
completion
of
his or her
sentence, submit an application
to the Department of Corrections
for restoration of voting rights.
An individual who completes his or her sentence after January
1, 2016
,
is
issued a certificate of restoration of voting right
without submitting an application.

This bill provides

an
individual
convicted in Wyoming
who complete
s his or her
sentence
on and after
January
1, 2010
,
shal
l not need to submit an application for restoratio
n of voting rights and shall
automatically
be
issued a certificate of restoration of
voting
rights.

The
bill specifies

an
individual who complete
s

his or her
sentence before January 1, 201
0
,
and
individuals convicted outside of Wyoming or under federal law of a nonviolent felony
shall
submit a written request on a form prescribed by the department
in order to receive a restoration of voting rights
.

Comments
:

This bill contains a
n
apparent

scrivener's error
within W.S.
7-13-105(c)(ii)
. This error
will need to be corrected in the 2018
R
evisor's
B
ill.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
House
Bill No
.
HB0075

ENROLLED
ACT NO. 106,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

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

Section 1
.

W.S. 7
‑
13
‑
105(
b)(intro), (c)(i), (ii) and (d)
is
amended to read:

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)

The department of corrections shall issue a certificate of restoration of voting rights as provided in this subsection and subsection (c) of this section. Upon issuance of a certificate, voting rights lost pursuant to W.S. 6
‑
10
‑
106 shall be deemed restored. The department of corrections shall
automatically

issue a person convicted of a nonviolent felony or nonviolent felonies arising out of the same occurrence or related course of events a certificate of restoration of voting rights if:

(c)

The department of corrections shall issue a certificate of restoration of voting rights to eligible persons as follows:

(i)

For persons convicted within Wyoming of a nonviolent felony or nonviolent felonies arising out of the same occurrence or related course of events
who completed their sentence before January 1, 2010
, the department shall require
an application for restoration before issuing a
certificate to eligible persons who
receipt of a written request on a form prescribed by the department and issue each eligible person a certificate of restoration of voting rights following a determination that the person has
completed
their
his
sentence
,

before January 1, 2016
including probation and parole
. The department shall not require an application for restoration before issuing a certificate to eligible persons who complete their sentence
on and
after January 1,
2016
2010
;

(ii)

For persons convicted outside of Wyoming or under federal law of a nonviolent felony or nonviolent felonies arising out of the same occurrence or related course of events
,
the department shall require an
application for restoration before issuing a certificate to an eligible person

issue each eligible person a certificate of restoration of voting rights
upon receipt of a written request on a form
prescribed
by the department and following a determination
that the person has completed his sentence, including probation and parole
.

(d)

The
department's denial of
d
epartment of correction's d
etermination
that a person is ineligible for

a certificate of restoration of voting rights is a final action of the agency subject to judicial review. The clerk of the district court and the division of criminal investigation shall cooperate with the department of corrections in providing information necessary for determining a person's eligibility to receive a certificate of restoration of voting rights. The department of corrections shall notify the secretary of state when any person's voting rights have been restored. If the person was convicted in Wyoming, the department
of corrections

shall submit the certificate of restoration of voting rights to the clerk of the district court in which the
person was convicted and the clerk shall file the certificate in the criminal case in which the conviction was entered.

Section 2
.

W.S. 7
‑
13
‑
105(
b)
(iii)
is
repealed.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk