1-1     By:  Bernsen                                           S.B. No. 610
 1-2           (In the Senate - Filed February 8, 2001; February 12, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     April 10, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the restoration of the civil rights of certain
 1-9     individuals convicted of offenses allegedly committed in other
1-10     countries.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsections (a) through (d) and (k), Article
1-13     48.05, Code of Criminal Procedure, are amended to read as follows:
1-14           (a)(1)  An individual convicted of an [a federal] offense
1-15     described by Subdivision (2) of this subsection [other than an
1-16     offense involving violence or the threat of violence or involving
1-17     drugs or firearms] may, except as provided by Subsection (b) of
1-18     this article, submit an application for restoration of any civil
1-19     rights forfeited under the laws of this state as a result of the
1-20     conviction.
1-21                 (2)  This article applies to:
1-22                       (A)  a federal offense, other than an offense
1-23     involving:
1-24                             (i)  violence or the threat of violence;
1-25                             (ii)  drugs; or
1-26                             (iii)  firearms; and
1-27                       (B)  an offense under the laws of another
1-28     country, other than an offense involving:
1-29                             (i)  violence or the threat of violence;
1-30                             (ii)  drugs; or
1-31                             (iii)  firearms, if the elements of the
1-32     offense are substantially similar to elements of an offense under
1-33     the laws of this state punishable as a felony.
1-34           (b)  An individual may not apply for restoration of civil
1-35     rights under this article unless:
1-36                 (1)  the individual has completed the sentence for the
1-37     [federal] offense;
1-38                 (2)  the conviction occurred:
1-39                       (A)  three or more years before the date of
1-40     application, if the offense is a federal offense; or
1-41                       (B)  two or more years before the date of
1-42     application, if the offense is an offense under the laws of another
1-43     country; and
1-44                 (3)  the individual has not been convicted at any other
1-45     time of an offense under the laws of this state, another state, or
1-46     the United States.
1-47           (c)  An application for restoration of civil rights must
1-48     contain:
1-49                 (1)  a completed application on a form adopted by the
1-50     Board of Pardons and Paroles;
1-51                 (2)  three or more affidavits attesting to the good
1-52     character of the applicant; and
1-53                 (3)  proof that the applicant has completed the
1-54     sentence for the [federal] offense.
1-55           (d)  The applicant must submit the application to:
1-56                 (1)  the sheriff of the county in which the applicant
1-57     resides at the time of application or resided at the time of
1-58     conviction of the [federal] offense, if the individual resided in
1-59     this state at that time; or
1-60                 (2)  the Board of Pardons and Paroles.
1-61           (k)  A restoration of civil rights under this article is a
1-62     form of pardon that restores all civil rights under the laws of
1-63     this state that an individual forfeits as a result of the
1-64     individual's conviction of an [a federal] offense, except as
 2-1     specifically provided in the certificate of restoration.    
 2-2           SECTION 2.  Article 48.05, Code of Criminal Procedure, as
 2-3     amended by this Act, applies to an individual convicted of an
 2-4     offense under the laws of another country committed before, on, or
 2-5     after the effective date of this Act.
 2-6           SECTION 3.  This Act takes effect immediately if it receives
 2-7     a vote of two-thirds of all the members elected to each house, as
 2-8     provided by Section 39, Article III, Texas Constitution.  If this
 2-9     Act does not receive the vote necessary for immediate effect, this
2-10     Act takes effect September 1, 2001.
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