| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the restoration of civil rights of certain persons |
|
|
convicted of a felony. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Article 48.05, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 48.05. RESTORATION OF CIVIL RIGHTS FOR CERTAIN FELONS |
|
|
CONVICTED UNDER FEDERAL OR FOREIGN LAW. |
|
|
SECTION 2. Chapter 48, Code of Criminal Procedure, is |
|
|
amended by adding Article 48.051 to read as follows: |
|
|
Art. 48.051. RESTORATION OF CIVIL RIGHTS FOR CERTAIN FELONS |
|
|
CONVICTED UNDER TEXAS LAW. (a) An individual convicted of a felony |
|
|
under the laws of this state may, except as provided by Subsection |
|
|
(b), submit an application for restoration of any civil rights |
|
|
forfeited under the laws of this state as a result of the |
|
|
conviction. |
|
|
(b) An individual may not apply for restoration of civil |
|
|
rights under this article unless: |
|
|
(1) the individual completed the sentence for the |
|
|
offense, including a term of community supervision, mandatory |
|
|
supervision, or parole imposed as a result of the conviction, not |
|
|
less than five years before the date of application; and |
|
|
(2) the individual has not been convicted during the |
|
|
preceding five years of an offense under the laws of this state, |
|
|
another state, or the United States other than a violation of a law |
|
|
regulating traffic on highways that is punishable by fine only. |
|
|
(c) An application for restoration of civil rights must |
|
|
contain: |
|
|
(1) a completed application on a form adopted by the |
|
|
Board of Pardons and Paroles; |
|
|
(2) three or more affidavits attesting to the good |
|
|
character of the applicant; and |
|
|
(3) proof that the applicant completed the sentence |
|
|
for the offense not less than five years before the date of |
|
|
application. |
|
|
(d) The applicant must submit the application to: |
|
|
(1) the sheriff of the county in which the applicant |
|
|
resides at the time of application or resided at the time of |
|
|
conviction of the offense, if the individual resided in this state |
|
|
at that time; or |
|
|
(2) the Board of Pardons and Paroles. |
|
|
(e) If an application is submitted to a sheriff, the sheriff |
|
|
shall review the application and recommend to the Board of Pardons |
|
|
and Paroles whether the individual's civil rights should be |
|
|
restored. If the sheriff recommends restoration of the |
|
|
individual's civil rights, the board may either: |
|
|
(1) concur in the recommendation and forward the |
|
|
recommendation to the governor; or |
|
|
(2) independently review the application to determine |
|
|
whether to recommend to the governor the restoration of the |
|
|
individual's civil rights. |
|
|
(f) If the sheriff does not recommend the restoration of the |
|
|
individual's civil rights, the individual may apply directly to the |
|
|
Board of Pardons and Paroles. |
|
|
(g) If an application is submitted to the Board of Pardons |
|
|
and Paroles without first being submitted to a sheriff, the board |
|
|
shall review the application and recommend to the governor whether |
|
|
the individual's civil rights should be restored. |
|
|
(h) The Board of Pardons and Paroles may require or obtain |
|
|
additional information as necessary to perform a review under |
|
|
Subsection (e)(2) or Subsection (g). |
|
|
(i) On receipt from the Board of Pardons and Paroles of a |
|
|
recommendation to restore the civil rights of an individual, the |
|
|
governor may either grant or deny the restoration of civil rights to |
|
|
the individual. If the governor grants the restoration of civil |
|
|
rights to the individual, the governor shall issue a certificate of |
|
|
restoration of civil rights. |
|
|
(j) If an application under this article is denied by the |
|
|
Board of Pardons and Paroles or the governor, the individual may not |
|
|
file another application under this article before the first |
|
|
anniversary of the date of the denial. |
|
|
(k) A restoration of civil rights under this article |
|
|
restores all civil rights under the laws of this state that an |
|
|
individual forfeits as a result of the individual's conviction of |
|
|
an offense, except as specifically provided in the certificate of |
|
|
restoration. |
|
|
(l) A restoration of civil rights under this article is not |
|
|
a pardon. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |