SB 1332 — Restoration of Civil Rights

Florida Senate - 2018 CS for SB 1332 By Senator Perry 8-01581-18 20181332__ A bill to be entitled An act relating to the restorationCommittee ofon civilCriminal rights;Justice;

and Senators Perry and Rouson 591-02330-18 20181332c1 A bill to be entitled An act relating to the restoration of civil rights;

requiring that an application for the restoration of civil rights thatwhich has been submitted before a specified date and which qualifies as a priority application to be processed and the investigation be completed before certain other applications;

requiring the Department of Law Enforcement to conduct the portion of the investigation related to an applicant’s criminal history background screening under certain circumstances;

requiring the criminal history background screening to provide specified information;

requiring the commission to notify an applicant within a specified period of time of any incomplete portions of the application or any facts that are determined in the prescreening review to deem the applicant ineligible for restoration of civil rights;

requiring an applicant to be given a specified period of time to remedy any incomplete portions or discrepancies ofin the application;

requiring an applicant to be given a specified period of time to dispute and remedy any discrepancies in the confidential case analysis report;

providing that records maintained by the commission related to a submitted application and such application’s status are public records;

4638 Be It Enacted by the Legislature of the State of Florida:

4840 Section 1. Section 947.131, Florida Statutes, is created to read:

(c) “Department”(c) “Prescreening review” means the Departmentinitial review to determine eligibility which is conducted by the commission upon receipt of Lawan Enforcement.application for restoration of civil rights.

(d) “Prescreening(d) “Priority review”application” means thean initialapplication reviewfor tothe determinerestoration eligibilityof whichcivil isrights conductedsubmitted by thean commissionapplicant uponwho receipthas ofnever anbeen applicationconvicted forof restorationa ofviolent civilfelony rights.offense.

(e) “Priority(e) “Violent application”felony offense” means an application for the restorationcommission ofof, civilan rightsattempt submittedto bycommit, anor applicanta whoconspiracy hasto nevercommit beenany convicted of athe violentfollowing: felony offense.

(f) “Violent1. Leaving felonythe offense”scene meansof anya offensecrash underinvolving death or serious bodily injury in violation of s.

316.027;

2. Driving under the influence resulting in death or serious bodily injury in violation of s.

316.193;

3. An offense enumerated in s.

810.02(3)(b)810.02(4); or (4).

4. Failure to register as a sexual predator in violation of s.

775.21 or as a sexual offender in violation of s.

943.0435;

5. Facilitating or furthering terrorism in violation of s.

775.31;

6. False imprisonment in violation of s.

787.02;

7. Abuse, aggravated abuse, and neglect of an elderly person or disabled adult in violation of s.

825.102;

8. An offense in violation of chapter 847;

9. Poisoning of food or water in violation of s.

859.01;

10. Abuse of a dead human body in violation of s.

872.06;

11. A first or second degree felony in violation of chapter 893;

or 12. An offense which requires a person to register as a sexual offender in accordance with s.

943.0435.

(3) Contingent(3)(a) The uponapplicant appropriationsshall andkeep agreement between the departmentcommission andinformed theof commission,his theor departmenther mustcorrect conductaddress, theincluding portionhis ofor theher investigatione-mail relatedaddress, tothroughout anthe applicant’sclemency criminalprocess. history background screening.

A criminal history background screening conducted by the department must provide information on any felony conviction, the criminal history record before and after the felony conviction that led to the applicant’s civil rights being removed, the traffic record, and any domestic violence injunction or other injunction filed against the applicant.

(4)(a) The applicant shall keep the commission informed of his or her correct address, including his or her e-mail address, throughout the clemency process.