House Bill 1811

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    Florida House of Representatives - 1999                HB 1811

        By Representative Reddick






  1                      A bill to be entitled

  2         An act relating to the rights of former felons;

  3         amending s. 97.041, F.S.; providing for

  4         automatic restoration of former felons' right

  5         to vote following completion and satisfaction

  6         of sentence of incarceration and community

  7         supervision; providing conditions on such

  8         automatic restoration;  creating the "Nathan

  9         McCall and Anderson C. Hill, II, Forgiveness

10         Act"; creating s. 943.0587, F.S.; providing for

11         mandatory expunction of certain felony offense

12         records upon application to the Department of

13         Law Enforcement under specified circumstances

14         when the offenses were committed by a person

15         under 22 years of age who has not committed any

16         additional felony offenses for at least 6

17         years; providing an exception for capital

18         felonies, life felonies, and felonies of the

19         first degree; providing for application for

20         expunction; providing for an application fee;

21         providing for adoption of rules by the

22         Department of Law Enforcement; providing for

23         construction; providing effective dates.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Effective on the effective date of House

28  Joint Resolution No. 263, or another amendment to the State

29  Constitution which authorizes, or removes impediments to,

30  enactment of this section, paragraph (b) of subsection (2) of

31  section 97.041, Florida Statutes, is amended to read:

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    Florida House of Representatives - 1999                HB 1811

    146-221C-99






  1         97.041  Qualifications to register or vote.--

  2         (2)  The following persons, who might be otherwise

  3  qualified, are not entitled to register or vote:

  4         (b)  A person who has been convicted of any felony by

  5  any court of record; however, such a person's right to

  6  register or vote is automatically restored by operation of law

  7  1 year after completion and satisfaction of all sentences

  8  imposed upon such person. For the purposes of this paragraph,

  9  "completion and satisfaction of all sentences" occurs when a

10  person is released from incarceration upon expiration of

11  sentence and has achieved or completed all other nonmonetary

12  terms and conditions of the sentence or subsequent supervision

13  or, if the person has not been incarcerated for the felony

14  offense, has achieved or completed all nonmonetary terms and

15  conditions of community supervision imposed by a court and who

16  has not had his or her right to vote restored pursuant to law.

17  If a majority of the Board of Executive Clemency objects

18  before the automatic restoration of the right to register or

19  vote, such rights shall be restored only upon application to,

20  and approval by, the Board of Executive Clemency.

21         Section 2.  Section 943.0587, Florida Statutes, as

22  created by this act may be cited as the "Nathan McCall and

23  Anderson C. Hill, II, Forgiveness Act."

24         Section 3.  Section 943.0587, Florida Statutes, is

25  created to read:

26         943.0587  Mandatory expunction of certain felony

27  records upon application to department.--

28         (1)  APPLICATION; REQUIREMENTS.--Notwithstanding s.

29  943.0585, s. 943.059, or any other provision of law or rule to

30  the contrary, a person may seek to expunge criminal history

31  records of felony offenses by making application to the

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    Florida House of Representatives - 1999                HB 1811

    146-221C-99






  1  Department of Law Enforcement for mandatory expunction of the

  2  felony records when all of the following requirements are met:

  3         (a)  Each of the felony offenses for which expunction

  4  of the criminal history record is sought is a felony of the

  5  second degree or felony of the third degree for which the

  6  person was convicted or had adjudication withheld. This

  7  section does not apply to criminal history records for

  8  offenses which are capital felonies, life felonies, or

  9  felonies of the first degree.

10         (b)  The person was under 22 years of age when the

11  person committed any of the felonies for which expunction of

12  the criminal history records is sought.

13         (c)  The person has not committed any additional felony

14  offense for a minimum period of 6 years since the date of

15  adjudication or adjudication withheld for the most recent

16  felony or the date the person was released from confinement

17  for the most recent felony from a detention facility, jail,

18  prison, or other correctional facility, whichever date is

19  later.  The 6-year period shall be deemed to include periods

20  during which the person was under any form of postrelease

21  correctional supervision.

22         (d)  The person has remitted a $75 processing fee to

23  the department for placement in the Department of Law

24  Enforcement Operating Trust Fund, unless such fee is waived by

25  the executive director.

26         (2)  APPLICATION GRANT; EFFECT.--Upon verification that

27  the requirements of subsection (1) have been met, the

28  department shall grant the application to expunge, and provide

29  for expungement of the records. The department shall act upon

30  the application to expunge the felony records, when granted,

31

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    Florida House of Representatives - 1999                HB 1811

    146-221C-99






  1  as it would act upon an order to expunge the records had it

  2  been entered by a court.

  3         (3)  RULEMAKING.--The department shall, by rule adopted

  4  pursuant to chapter 120, establish procedures to implement

  5  this section, including procedures pertaining to verification

  6  and notification of the application for mandatory expunction

  7  of felony records.

  8         (4)  CONSTRUCTION.--This section shall be construed so

  9  that the courts of this state continue to have jurisdiction

10  over their own procedures, including the maintenance,

11  expunction, sealing, and correction of judicial records

12  containing criminal history information to the extent such

13  procedures are not inconsistent with the conditions,

14  responsibilities, and duties established by this section.

15         Section 4.  Except as otherwise provided herein, this

16  act shall take effect July 1, 1999.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Provides that a convicted felon who is incarcerated or is
21    on probation, parole, or community control may not vote.
      Provides for restoration of that right 1 year after
22    completion of the sentence, unless automatic restoration
      is objected to by a majority of the Board of Executive
23    Clemency.

24
      Creates the "Nathan McCall and Anderson C. Hill, II,
25    Forgiveness Act." Provides for mandatory expunction of
      certain felony records upon application to the Department
26    of Law Enforcement, under specified circumstances when
      the offenses were committed by a person under 22 years of
27    age who has not committed any additional felony offense
      for at least 6 years. Provides an exception for capital
28    felonies, life felonies, and felonies of the first
      degree. Provides for application for expunction. Provides
29    for an application fee. Provides for adoption of rules by
      the Department of Law Enforcement. Provides for
30    construction.

31

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