SF 309

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; voter eligibility; restoring 
  1.3             eligibility to vote to certain convicted felons who 
  1.4             are not incarcerated; amending Minnesota Statutes 
  1.5             2002, sections 201.014, subdivision 2; 242.31, 
  1.6             subdivision 1; 609.165, subdivisions 1, 1a, 1b. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 201.014, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [NOT ELIGIBLE.] (a) The following individuals are 
  1.11  not eligible to vote.  Any individual:  
  1.12     (a) (1) an individual who is convicted of treason or any 
  1.13  felony whose civil rights have not been restored; 
  1.14     (b) (2) an individual who is under a guardianship of the 
  1.15  person; or and 
  1.16     (c) (3) an individual who is found by a court of law to be 
  1.17  legally incompetent.  
  1.18     (b) For purposes of this subdivision, an individual 
  1.19  convicted of treason or a felony is restored to civil rights: 
  1.20     (1) after completion of any period of incarceration; or 
  1.21     (2) during or after any time the individual is placed on 
  1.22  probation or is under any form of supervised release. 
  1.23     Sec. 2.  Minnesota Statutes 2002, section 242.31, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [RESTORATION.] Whenever a person who has 
  1.26  been committed to the custody of the commissioner of corrections 
  2.1   upon conviction of a crime following certification under the 
  2.2   provisions of section 260B.125, the person is restored to civil 
  2.3   rights for purposes of eligibility to vote as provided by 
  2.4   section 201.014, subdivision 2.  The commissioner shall file an 
  2.5   order regarding the person's eligibility to vote with the 
  2.6   district court in the county where the conviction occurred.  
  2.7   When the person is finally discharged by order of the 
  2.8   commissioner, that discharge shall restore the person to all 
  2.9   civil rights.  The commissioner shall file a copy of the order 
  2.10  with the district court of the county in which the conviction 
  2.11  occurred.  
  2.12     Sec. 3.  Minnesota Statutes 2002, section 609.165, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  [RESTORATION; VOTE AND HOLD OFFICE.] When A 
  2.15  person who has been deprived of civil rights by reason of 
  2.16  conviction of a crime and is thereafter discharged, such 
  2.17  discharge shall restore the person is restored to all civil 
  2.18  rights and to full citizenship, with the full right to vote and 
  2.19  hold office, the same as if such the conviction had not taken 
  2.20  place, and the order of discharge shall so provide pursuant to 
  2.21  section 201.014, subdivision 2.  The commissioner shall file an 
  2.22  order regarding the person's eligibility to vote with the 
  2.23  district court in the county where the conviction occurred. 
  2.24     Sec. 4.  Minnesota Statutes 2002, section 609.165, 
  2.25  subdivision 1a, is amended to read: 
  2.26     Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
  2.27  FIREARMS.] If a person has been deprived of civil rights by 
  2.28  reason of conviction of a crime and is thereafter discharged, 
  2.29  the order of discharge must provide that a person who has been 
  2.30  convicted of a crime of violence, as defined in section 624.712, 
  2.31  subdivision 5, is not entitled to ship, transport, possess, or 
  2.32  receive a firearm until ten years have elapsed since the person 
  2.33  was restored to civil rights by the order of discharge and 
  2.34  during that time the person was not convicted of any other crime 
  2.35  of violence.  Any person who has received such a discharge and 
  2.36  who thereafter has received a relief of disability under United 
  3.1   States Code, title 18, section 925, shall not be subject to the 
  3.2   restrictions of this subdivision.  
  3.3      Sec. 5.  Minnesota Statutes 2002, section 609.165, 
  3.4   subdivision 1b, is amended to read: 
  3.5      Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
  3.6   been convicted of a crime of violence, as defined in section 
  3.7   624.712, subdivision 5, and who ships, transports, possesses, or 
  3.8   receives a firearm before ten years have elapsed since the 
  3.9   person was restored to civil rights as provided by subdivision 
  3.10  1a, commits a felony and may be sentenced to imprisonment for 
  3.11  not more than 15 years or to payment of a fine of not more than 
  3.12  $30,000, or both.  
  3.13     (b) Nothing in this section shall be construed to bar a 
  3.14  conviction and sentencing for a violation of section 624.713, 
  3.15  subdivision 2.