79R6542 PEP-F
By: Allen of Dallas H.B. No. 1916
A BILL TO BE ENTITLED
AN ACT
relating to the restoration of certain rights to a criminal
defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 20A to read as follows:
Sec. 20A. RESTORATION OF CERTAIN RIGHTS. (a) At any time
after the defendant has satisfactorily completed one-third of the
original community supervision period or two years of community
supervision, whichever is less, and the defendant has successfully
completed a citizenship class under Subsection (b), the defendant
may petition the court to restore and the court may restore the
following rights:
(1) the right to vote;
(2) the right to serve as a petit juror; and
(3) the right to serve as an executor or administrator
of an estate for a person who is related to the defendant within the
third degree by consanguinity or within the second degree by
affinity, as determined under Chapter 573, Government Code.
(b) To be eligible for a restoration of rights under this
section, the defendant must:
(1) complete a citizenship class that is administered
by an organization or entity certified, in accordance with rules
adopted by the Texas Department of Criminal Justice, to provide
instruction regarding the rights and responsibilities of citizens
for the purposes of this section; and
(2) provide documentation of the defendant's
successful completion of the class to the court on the filing of a
petition under Subsection (a).
SECTION 2. Section 11.002, Election Code, is amended to
read as follows:
Sec. 11.002. QUALIFIED VOTER. In this code, "qualified
voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined mentally incompetent by a
final judgment of a court;
(4) has not been finally convicted of a felony or, if
so convicted, has:
(A) fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of community supervision [probation] ordered by
any court;
(B) had the person's right to vote restored as
provided by law; or
(C) [(B)] been pardoned or otherwise released
from the resulting disability to vote;
(5) is a resident of this state; and
(6) is a registered voter.
SECTION 3. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person
[he]:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in
which the person [he] is to serve as a juror;
(3) is qualified under the constitution and laws to
vote in the county in which the person [he] is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror for six days during
the preceding three months in the county court or during the
preceding six months in the district court;
(7) has not been convicted of a felony or, if the
person has been convicted of a felony, has had the person's right to
serve as a petit juror restored as provided by law; and
(8) is not under indictment or other legal accusation
of misdemeanor or felony theft or any other felony.
SECTION 4. Chapter 493, Government Code, is amended by
adding Section 493.026 to read as follows:
Sec. 493.026. CERTIFICATION TO INSTRUCT CITIZENSHIP
CLASSES. The department by rule shall establish eligibility
criteria, requirements, and procedures for certifying an
organization or entity to provide instruction regarding the rights
and responsibilities of citizens for the purposes of Section 20A,
Article 42.12, Code of Criminal Procedure.
SECTION 5. Section 78, Texas Probate Code, is amended to
read as follows:
Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. A [No] person is disqualified [qualified] to serve
as an executor or administrator if the person [who] is:
(a) An incapacitated person;
(b) A convicted felon, under the laws either of the
United States or of any state or territory of the United States, or
of the District of Columbia, unless the [such] person has been duly
pardoned, or has had the person's [his] civil rights or right to
serve as an executor or administrator restored, in accordance with
law;
(c) A non-resident (natural person or corporation) of
this State who has not appointed a resident agent to accept service
of process in all actions or proceedings with respect to the estate,
and caused such appointment to be filed with the court;
(d) A corporation not authorized to act as a fiduciary
in this State; or
(e) A person whom the court finds unsuitable.
SECTION 6. This Act applies to a defendant placed on
community supervision before, on, or after the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2005.