By Bernsen S.B. No. 610
77R5794 GWK-D
A BILL TO BE ENTITLED
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. Articles 48.05(a), (b), (c), (d), and (k), Code of
1-7 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) [other than an offense involving
1-10 violence or the threat of violence or involving drugs or firearms]
1-11 may, except as provided by Subsection (b) of this article, submit
1-12 an application for restoration of any civil rights forfeited under
1-13 the laws of this state as a result of the conviction.
1-14 (2) This article applies to:
1-15 (A) a federal offense, other than an offense
1-16 involving:
1-17 (i) violence or the threat of violence;
1-18 (ii) drugs; or
1-19 (iii) firearms; and
1-20 (B) an offense under the laws of another
1-21 country, other than an offense involving:
1-22 (i) violence or the threat of violence;
1-23 (ii) drugs; or
1-24 (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 the
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
2-27 conviction of the [federal] offense, if the individual resided in
3-1 this state at that time; or
3-2 (2) the Board of Pardons and Paroles.
3-3 (k) A restoration of civil rights under this article is a
3-4 form of pardon that restores all civil rights under the laws of
3-5 this state that an individual forfeits as a result of the
3-6 individual's conviction of an [a federal] offense, except as
3-7 specifically provided in the certificate of restoration.
3-8 SECTION 2. Article 48.05, Code of Criminal Procedure, as
3-9 amended by this Act, applies to an individual convicted of an
3-10 offense under the laws of another country committed before, on, or
3-11 after the effective date of this Act.
3-12 SECTION 3. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.