Florida Senate - 2014                                    SB 1222
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-01298-14                                           20141222__
    1                        A bill to be entitled                      
    2         An act relating to restoration of civil rights;
    3         providing a short title; providing findings and
    4         purpose; creating s. 944.294, F.S.; providing for
    5         automatic restoration of a former felon’s civil rights
    6         under certain circumstances; providing conditions for
    7         and exemptions from automatic restoration; providing
    8         for education concerning the civil rights of persons
    9         who have felony convictions; amending ss. 944.292 and
   10         944.705, F.S.; conforming provisions; providing for
   11         retroactive applicability; providing a contingent
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Short title.—This act may be cited as the
   17  “Restoration of Civil Rights Act.”
   18         Section 2. Legislative findings and purpose.—
   19         (1) FINDINGS.—The Legislature finds that:
   20         (a) Exercising civil rights is a fundamental aspect of
   21  citizenship. Among many things, restoring civil rights allows
   22  former felons to participate in public service, serve on juries,
   23  and pursue a chosen occupation.
   24         (b) Restoring civil rights helps felons who have completed
   25  their sentences reintegrate into society. The opportunity to
   26  fully participate in society reinforces their ties to the
   27  community and may help to prevent recidivism.
   28         (c) Under current law, all persons convicted of felonies
   29  permanently lose many civil rights unless they receive
   30  discretionary executive clemency.
   31         (d) Restoring civil rights through the clemency process is
   32  cumbersome, costly, and produces long delays. The clemency
   33  process imposes administrative burdens on the state and economic
   34  burdens on state taxpayers, and it should be reserved for
   35  extraordinary cases. Streamlining the restoration process for
   36  the majority of former offenders will advance administrative
   37  efficiency, fiscal responsibility, fairness, and democracy.
   38         (2) PURPOSE.—The purposes of this act are to strengthen
   39  democratic institutions by enabling felons who have completed
   40  their sentences to become productive members of society, and to
   41  streamline procedures for restoring civil rights.
   42         Section 3. Section 944.294, Florida Statutes, is created to
   43  read:
   44         944.294 Restoration of civil rights.—
   45         (1) A person who has been convicted of a felony, other than
   46  those set forth in subsection (3), shall have his or her civil
   47  rights that are lost as a consequence of a conviction of that
   48  felony restored upon completion of his or her sentence. However,
   49  this provision does not apply to restoration of the right to
   50  own, possess, or use firearms pursuant to s. 790.23.
   51         (2) For purposes of this section, “completion of sentence”
   52  occurs when a person is released from incarceration upon
   53  expiration of his or her sentence and has completed all other
   54  terms and conditions of the sentence or subsequent supervision
   55  or, if the person has not been incarcerated for the felony
   56  offense, has completed all terms and conditions of supervision
   57  imposed on him or her.
   58         (3)(a) A person convicted of a crime defined by any of the
   59  following is ineligible for restoration of civil rights under
   60  this section:
   61         1. Section 782.04, relating to murder.
   62         2. Section 782.07(3), relating to aggravated manslaughter
   63  of a child.
   64         3. Section 794.011, relating to sexual battery.
   65         4. Section 796.03, relating to procuring a person under 18
   66  for prostitution.
   67         5. Section 796.035, relating to selling or buying minors
   68  into prostitution.
   69         6. Section 826.04, relating to incest.
   70         7. Section 827.071, relating to sexual performance by a
   71  child.
   72         8. Section 847.0145, relating to selling or buying minors,
   73  otherwise obtaining custody or control of minors, or offering to
   74  do the same.
   75         (b) A person convicted of treason or whose impeachment has
   76  resulted in conviction, as referred to in s. 8, Art. IV of the
   77  State Constitution, is ineligible for restoration of civil
   78  rights under this section.
   79         (4) This section does not impair the ability of any person
   80  convicted of a felony to apply for executive clemency under s.
   81  8, Art. IV of the State Constitution.
   82         (5) A court shall, before accepting a plea of guilty or
   83  nolo contendere to a felony without trial or, if a trial is
   84  held, before imposing sentence for a felony, notify the
   85  defendant if:
   86         (a) The felony is described in subsection (3), that
   87  conviction will result in permanent loss of civil rights unless
   88  he or she receives executive clemency under s. 8, Art. IV of the
   89  State Constitution.
   90         (b) The felony is not described in subsection (3), that
   91  conviction will result in loss of civil rights until the
   92  defendant completes his or her sentence and that civil rights
   93  will be restored thereafter, except for the right to own,
   94  possess, or use firearms pursuant to s. 790.23.
   95         (6) The Secretary of State shall develop and implement a
   96  program to educate attorneys, judges, election officials,
   97  corrections officials, including parole and probation officers,
   98  and members of the public about the requirements of this
   99  section, ensuring that:
  100         (a) Judges are informed of their obligation to notify
  101  criminal defendants of the potential loss and restoration of
  102  their civil rights as required by subsection (5).
  103         (b) Accurate and complete information about the civil
  104  rights for persons who have been charged with or convicted of
  105  crimes, whether disenfranchising or not, is made available
  106  through a single publication to government officials and the
  107  public.
  108         Section 4. Subsection (1) of section 944.292, Florida
  109  Statutes, is amended to read:
  110         944.292 Suspension of civil rights.—
  111         (1) Upon conviction of a felony as defined in s. 10, Art. X
  112  of the State Constitution, the civil rights of the person
  113  convicted shall be suspended in Florida until such rights are
  114  restored by a full pardon, conditional pardon, or restoration of
  115  civil rights granted pursuant to s. 8, Art. IV of the State
  116  Constitution or by restoration of civil rights pursuant to s.
  117  944.294.
  118         Section 5. Present paragraph (g) of subsection (2) of
  119  section 944.705, Florida Statutes, is redesignated as paragraph
  120  (h), and a new paragraph (g) is added to that subsection, to
  121  read:
  122         944.705 Release orientation program.—
  123         (2) The release orientation program instruction must
  124  include, but is not limited to:
  125         (g) Restoration of civil rights.
  126         Section 6. This act applies retroactively to all persons
  127  who are eligible for restoration of civil rights under the terms
  128  of this act, regardless of whether such persons were convicted
  129  or discharged from sentence before the effective date of this
  130  act.
  131         Section 7. This act shall take effect on the effective date
  132  of _______ or another amendment to the State Constitution that
  133  authorizes, or removes impediments to, enactment of this act by
  134  the Legislature.