Senate Bill sb0474
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Florida Senate - 2007 SB 474
By Senator Hill
1-1A-07
1 A bill to be entitled
2 An act relating to pardons; creating the "Rosa
3 Parks Act"; creating s. 940.035, F.S.;
4 authorizing the Board of Executive Clemency to
5 grant a full pardon to a person convicted of
6 protesting or challenging a state law or
7 municipal ordinance the purpose of which was to
8 maintain racial segregation or racial
9 discrimination of individuals; providing
10 application procedures; requiring the Parole
11 Commission to notify the state attorney of the
12 circuit where the violation occurred within a
13 specified time; requiring that the pardon be
14 granted unless the state attorney files an
15 objection with the commission on the grounds
16 that the conviction did not result from a
17 violation of a law or ordinance the purpose of
18 which was to maintain racial segregation or
19 racial discrimination of individuals; requiring
20 a hearing if the state attorney files an
21 objection; providing that a person who receives
22 a full pardon under the act is not required to
23 disclose the fact of the conviction or any
24 record or matter relating to the conviction;
25 amending s. 940.05, F.S.; providing that a
26 person convicted of protesting or challenging
27 laws or ordinances the purpose of which was to
28 maintain racial segregation or racial
29 discrimination of individuals is entitled to
30 the restoration of all rights of citizenship
31 enjoyed by the person before the conviction if
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Florida Senate - 2007 SB 474
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1 the person has received a full pardon from the
2 Board of Executive Clemency; providing an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. This act may be cited as the "Rosa Parks
8 Act."
9 Section 2. Section 940.035, Florida Statutes, is
10 created to read:
11 940.035 Pardons for convictions under segregationist
12 laws or ordinances.--
13 (1)(a) Upon application to the Parole Commission, the
14 Board of Executive Clemency may grant a full pardon to any
15 person convicted of protesting or challenging a state law or
16 municipal ordinance the purpose of which was to maintain
17 racial segregation or racial discrimination of individuals. If
18 the convicted person is deceased, an application may be filed
19 by a person who can show legal authority to act on behalf of
20 the deceased person.
21 (b) The Parole Commission shall notify the state
22 attorney of the circuit where the violation occurred no later
23 than 30 days after the date the application for a pardon is
24 filed with the commission. The Board of Executive Clemency
25 shall grant the pardon within 60 days after the application is
26 filed unless the state attorney files an objection with the
27 commission on the grounds that the conviction did not result
28 from a violation of a law or ordinance the purpose of which
29 was to maintain racial segregation or racial discrimination of
30 individuals.
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Florida Senate - 2007 SB 474
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1 (c) If the state attorney objects, a hearing shall be
2 scheduled within 60 days after the filed objection. The state
3 attorney shall provide notice of the hearing to all interested
4 parties.
5 (2) Notwithstanding subsection (1), the Board of
6 Executive Clemency shall grant a pardon to a convicted person
7 who files a sworn affidavit with the board stating that he or
8 she was convicted of protesting or challenging a state law or
9 municipal ordinance the purpose of which was to maintain
10 racial segregation or racial discrimination of individuals. If
11 the information in the affidavit is later found to be false,
12 the pardon is void.
13 (3) A person who has received a full pardon under this
14 section is not required to disclose the fact of the conviction
15 or any record or matter relating to the conviction.
16 Section 3. Section 940.05, Florida Statutes, is
17 amended to read:
18 940.05 Restoration of civil rights.--
19 (1) Any person who has been convicted of a felony may
20 be entitled to the restoration of all the rights of
21 citizenship enjoyed by him or her prior to conviction if the
22 person has:
23 (a)(1) Received a full pardon from the board of
24 pardons;
25 (b)(2) Served the maximum term of the sentence imposed
26 upon him or her; or
27 (c)(3) Been granted his or her final release by the
28 Parole Commission.
29 (2) Any person who has been convicted of protesting or
30 challenging a state law or municipal ordinance the purpose of
31 which was to maintain racial segregation or racial
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Florida Senate - 2007 SB 474
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1 discrimination of individuals is entitled to the restoration
2 of all rights of citizenship enjoyed by the person before the
3 conviction if the person has received a full pardon from the
4 Board of Executive Clemency.
5 Section 4. This act shall take effect upon becoming a
6 law.
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8 *****************************************
9 SENATE SUMMARY
10 Creates the "Rosa Parks Act." Provides that the Board of
Executive Clemency may grant a full pardon to a person
11 convicted of protesting or challenging a state law or
municipal ordinance the purpose of which was to maintain
12 racial segregation or racial discrimination of
individuals. Requires the Parole Commission to notify the
13 state attorney of the circuit where the violation
occurred within a specified time. Requires that the
14 pardon be granted unless the state attorney files an
objection with the commission on the grounds that the
15 conviction did not result from a violation of a law or
ordinance the purpose of which was to maintain racial
16 segregation or racial discrimination of individuals.
Requires a hearing if the state attorney files an
17 objection. Provides that a person convicted of protesting
or challenging laws or ordinances the purpose of which
18 was to maintain racial segregation or racial
discrimination of individuals is entitled to the
19 restoration of all rights of citizenship enjoyed by the
person before the conviction if the person has received a
20 full pardon from the Board of Executive Clemency.
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