1-1 AN ACT
1-2 relating to the restoration of the civil rights of certain
1-3 individuals convicted of offenses allegedly committed in other
1-4 countries.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a) through (d) and (k), Article
1-7 48.05, Code of Criminal Procedure, are amended to read as follows:
1-8 (a)(1) An individual convicted of an [a federal] offense
1-9 described by Subdivision (2) of this subsection [other than an
1-10 offense involving violence or the threat of violence or involving
1-11 drugs or firearms] may, except as provided by Subsection (b) of
1-12 this article, submit an application for restoration of any civil
1-13 rights forfeited under the laws of this state as a result of the
1-14 conviction.
1-15 (2) This article applies to:
1-16 (A) a federal offense, other than an offense
1-17 involving:
1-18 (i) violence or the threat of violence;
1-19 (ii) drugs; or
1-20 (iii) firearms; and
1-21 (B) an offense under the laws of another
1-22 country, other than an offense involving:
1-23 (i) violence or the threat of violence;
1-24 (ii) drugs; or
1-25 (iii) firearms, if the elements of the
2-1 offense are substantially similar to elements of an offense under
2-2 the laws of this state punishable as a felony.
2-3 (b) An individual may not apply for restoration of civil
2-4 rights under this article unless:
2-5 (1) the individual has completed the sentence for the
2-6 [federal] offense;
2-7 (2) the conviction occurred:
2-8 (A) three or more years before the date of
2-9 application, if the offense is a federal offense; or
2-10 (B) two or more years before the date of
2-11 application, if the offense is an offense under the laws of another
2-12 country; and
2-13 (3) the individual has not been convicted at any other
2-14 time of an offense under the laws of this state, another state, or
2-15 the United States.
2-16 (c) An application for restoration of civil rights must
2-17 contain:
2-18 (1) a completed application on a form adopted by the
2-19 Board of Pardons and Paroles;
2-20 (2) three or more affidavits attesting to the good
2-21 character of the applicant; and
2-22 (3) proof that the applicant has completed the
2-23 sentence for the [federal] offense.
2-24 (d) The applicant must submit the application to:
2-25 (1) the sheriff of the county in which the applicant
2-26 resides at the time of application or resided at the time of
3-1 conviction of the [federal] offense, if the individual resided in
3-2 this state at that time; or
3-3 (2) the Board of Pardons and Paroles.
3-4 (k) A restoration of civil rights under this article is a
3-5 form of pardon that restores all civil rights under the laws of
3-6 this state that an individual forfeits as a result of the
3-7 individual's conviction of an [a federal] offense, except as
3-8 specifically provided in the certificate of restoration.
3-9 SECTION 2. Article 48.05, Code of Criminal Procedure, as
3-10 amended by this Act, applies to an individual convicted of an
3-11 offense under the laws of another country committed before, on, or
3-12 after the effective date of this Act.
3-13 SECTION 3. This Act takes effect immediately if it receives
3-14 a vote of two-thirds of all the members elected to each house, as
3-15 provided by Section 39, Article III, Texas Constitution. If this
3-16 Act does not receive the vote necessary for immediate effect, this
3-17 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 610 passed the Senate on
April 20, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 610 passed the House on
May 3, 2001, by the following vote: Yeas 144, Nays 0, one present,
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor