HB 443

Under existing law, a person who has lost his or her right to vote based upon a past criminal conviction, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote under certain circumstances, including payment of all fines, court costs, fees, and victim restitution as ordered by the sentencing court and completion of probation or parole and release from compliance by the court or Board of Pardons and Paroles

This bill would allow a person who has been convicted of certain crimes of moral turpitude who applies to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote who is unable to pay any fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing to petition the sentencing court to modify the payments originally ordered by the court

This bill would provide the procedure for the modification of the payment of fines, court costs, victim restitution, and fees, allow the issuance of a Certificate of Eligibility to Register to Vote to a person whose fines, court costs, fees, and victim restitution have been reduced, and provide for revocation of the Certificate of Eligibility to Register to Vote if the person fails to make the reduced payments

Relating to voting rights; to amend Section 15-22-36.1, Code of Alabama 1975, to provide that a person convicted of certain crimes of moral turpitude who applies to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote and who is unable to pay the fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing may petition the sentencing court to modify the payments originally ordered by the court; to provide that the modification would be in lieu of full payment of the fines, court costs, fees, and victim restitution; and to provide the procedure for modification of payment of fines, court costs, fees, and victim restitution and revocation of a Certificate of Eligibility to Register to Vote.

Section 1

Section 15-22-36.1, Code of Alabama 1975, is amended to read as follows:

§15-22-36.1.

(a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met:

(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g).

(2) The person has no criminal felony charges pending against him or her in any state or federal court.

(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases or the sentencing court modifies the payment of the fines, court costs, victim restitution, and fees pursuant to Section 2 of the act amending this subdivision.

(4) Any of the following are true:

a. The person has been released upon completion of sentence.

b. The person has been pardoned.

c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity.

(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.

(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). Within 30 days of the initial application for a Certificate of Eligibility to Register to Vote, the officer shall draft a report of his or her findings including a statement as to whether the applicant has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).

(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation to the Executive Director of the Board of Pardons and Paroles.

(e) If the report created pursuant to subsection (c) states that the applicant has met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall issue a Certificate of Eligibility to Register to Vote to the applicant within 14 days of receipt of the report by the executive director.

(f) If the report created pursuant to subsection (c) states that the applicant has not met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall not issue a Certificate of Eligibility to Register to Vote and shall notify the applicant of the decision and reason or reasons for the decision within ays of receipt of the report by the executive director. The applicant, upon completion of the eligibility requirement in subsection (a) for restoration of his or her rights, may submit a new application at any time if he or she has met the certification criteria.

(g) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.

(h) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36.

(i) Each state or county correctional facility, prison, or jail shall post materials to be prepared by the Secretary of State and the Board of Pardons and Paroles notifying incarcerated individuals of the requirements and procedures for having one's voting rights restored."

Section 2

(a) A person who is unable to pay the fines, court costs, victim restitution, and fees ordered by the sentencing court at the time of sentencing for a disqualifying crime except for a crime set forth in subsection (g) of Section 15-22-36.1 may petition the sentencing court to modify the payments originally ordered by the court. The petition shall include a list of the actual necessary monthly expenses of the person and the monthly income of the person after deduction for taxes and, if appropriate, child support and alimony. (b) If, after reviewing the petition, the court determines that the person has the ability to pay part of the fines, court costs, victim restitution, and fees it shall set the amount to be reimbursed and order the person to pay that sum in the manner in which the court believes reasonable and compatible with the person's financial ability. (c) A Certificate of Eligibility to Register to Vote may be issued to a person after the entry of the order modifying the payment of the fines, court costs, victim restitution, and fees if the person is in compliance with subsection (a) of Section 15-22-36.1. (d) If the person fails to make the payments, the prosecutor shall seek revocation of the Certificate of Eligibility to Register to Vote from the Board of Pardons and Paroles. (e) If a person who receives a Certificate of Eligibility to register to vote pursuant to this section fails to make the restitution payments authorized by the court, the recipient may ask the board to revoke the Certificate of Eligibility to Register to Vote. (f) A person whose Certificate of Eligibility to Register to Vote is revoked may file only one petition with the sentencing court to modify the payments ordered by the court. (g) The circuit clerk of each county shall enter into a database maintained by the Administrative Office of Courts the names of all persons whose Certificate of Eligibility to Register to Vote has been revoked, and update the database for any person whose voting rights have subsequently been restored pursuant to this section. (h) At least twice a year, the Secretary of State shall compare the list of registered voters to a list of felons who are not eligible to vote as provided in this section. If a registered voter is not eligible to vote as provided in this section, the Secretary of State or local board of registrars shall confirm the match through the date of birth comparison and suspend the voter registration from the official statewide voter registration list. The Secretary of State or local board of registrars shall send to the last known voter registration address of the person a notice of the proposed cancellation. To the extent possible, the Secretary of State shall time the comparison required by this subparagraph to allow notice and cancellation of voting rights for ineligible voters prior to a primary or general election.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.