Relating to the restoration of the rights of citizenship, and providing for a contingent effective date

This bill relates to the restoration of the rights of citizenship. DIVISION I —— RESTORATION OF VOTING RIGHTS. The bill requires that the right to register to vote and to vote be restored for any individual who has been discharged from criminal sentence for any felony. To be discharged from criminal sentence, under the bill, an individual must also be discharged from any accompanying term of probation, parole, or supervised release. The bill does not relieve the individual of unpaid restitution, fines, or other obligations resulting from conviction. The bill does not limit an individual’s ability to apply to the governor for a restoration of citizenship rights, as currently provided for in Code chapter 914. The bill requires that the department of corrections notify an individual whose right to register to vote and to vote has been restored on or after January 14, 2011. The bill requires, where applicable, the judicial district department of correctional services to notify an individual whose rights have been restored. The department of corrections is also required to monthly provide a list of the individuals notified to the state registrar of voters (secretary of state). DIVISION II —— RESTORATION OF FIREARM RIGHTS.2A(5), may apply to the department of public safety for the restoration of the right to possess, receive, or transport or cause to be transported a firearm, if all of the following apply: years have elapsed from the date of the class “D” felony conviction, the applicant has no pending criminal charges or felony convictions in the previous years, and the applicant would otherwise be eligible to possess, receive, or transport or cause to be transported a firearm. The bill requires the department of public safety to conduct a criminal background check on the applicant including an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation or any successor agency to determine if the application meets the requirements for restoration of firearm rights established in the bill. If the application is approved by the department of public safety, the bill requires the department of public safety to issue a certificate of restoration of firearm rights to the applicant. The bill specifies the certification shall be proof the firearm rights of the applicant have been restored unless the rights are subsequently taken away by a disqualifying event. The bill requires one copy of the certification be delivered to the applicant and one copy shall be delivered to the clerk of the district court where the judgment of the class “D” felony is of record. If the department of public safety denies the application under the bill, the department shall provide the applicant with written notification of the denial and the reason for the denial. The bill permits an applicant to seek review of the denial. If the applicant appeals the denial of the application of the department of public safety, the bill requires the administrative law judge to set a hearing date within days of receipt of the request for an appeal. The hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing. The hearing shall be conducted pursuant to Code chapter 17A.6.7. DIVISION III —— CONTINGENT EFFECTIVE DATE. The bill takes effect on the date an amendment to Article II, section 5, of the Constitution of the State of Iowa is ratified by the general public which allows a person convicted of an infamous crime to be an elector.