AB 181 — Revises provisions governing the restoration of civil rights for certain ex-felons. (BDR 14-720)

(ReprintedAssembly withBill amendmentsNo. adopted on May 18, 2017) SECOND REPRINT A.B.

181181–Assemblymen AFrierson, SSEMBLYOhrenschall, BILLYeager; N O.

181–AAraujo, SSEMBLYMENBenitez-Thompson FRIERSONand ,McCurdy OII HRENSCHALLCHAPTER.......... , Y EAGER ;

A RAUJO , B ENITEZ-THOMPSON AND M C CURDY II PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions governing the restoration of civil rights for certain ex-felons.

(BDR 14-720) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegUnderLegislative existingCounsel’s law,Digest: unless a person has been convicted of certain specified felonies, a person who has been convicted of a felony is restored to his or her civil rights by operation of law upon:

felonies, a person who has been convicted of a felony is restored to his or her civil rights by operation of law upon:

(2) of an offense that would constitute a category A felony if committed as of the date categoryof Bdischarge felonyfrom involvingprobation, thedischarge usefrom ofparole force or violencerelease thatfrom resultedprison; in substantial bodily harm;

(4)(3) of ana offensecategory B felony involving the use of force or violence that resulted in substantial bodily harmharm; and that would constitute a category B felony if committed as of the date of discharge from probation, discharge from parole or release from prison;

(4) of an offense involving the use of force or violence that resulted in substantial bodily harm and that would constitute a category B felony if committed prison;

(NRS 176A.850, 213.155, 213.157) Sections 1-3 of this bill provide, respectively, that a probationer, parolee or person who completed his or her sentence and was (1)released tofrom serveprison asis, awith jurorcertain inexceptions, aimmediately civilrestored action;to the right:

(1) to serve as a juror in a civil action;

Sections 1-3 provide,ht:provide, respectively, that if the probationer, parolee or person who completed his or her sentence and was released from prison was convicted of a category B felony involving the use of force or violence that did not result in substantial bodily harm to the victim or of an offense involving the use of force or violence that did not result in substantial bodily harm to the victim and that would constitute a discharge from parole or release from prison, his or her right to vote must be restored 2 years after discharge from probation, discharge from parole or release from prison.

respectively,Existing that if the probationer, parolee or person who completed his or her sentence and was released from prison was convicted of a category B felony involving the use of force or violence that did not result in substantial bodily harm to the victim or of an offense involving the use of force or violence that did not result in substantial bodily harm to the victim and that would constitute a - *AB181_R2* – 2 – category B felony if committed as of the date of discharge from probation, discharge from parole or release from prison, his or her right to vote must be restored 2 years after discharge from probation, discharge from parole or release froExisting law sets forth circumstances under which a person whose term of probation has expired must be given a dishonorable discharge and precludes the probationer from obtaining the restoration of certain civil rights.

(NRS 176A.870) Section 1 maintains the requirement that such a probationer be given a dishonorable discharge, but section 5 of this bill eliminates the prohibition on the resSection 4 of this bill provides for the restoration of civil rightsrights. to certain residents of this State who:

(1)Section have4 notof hadthis theirbill provides for the restoration of civil rights restored;to certain on probation or parole or serving a sentence of imprisonment on January 1, 2019;re not and (3) before January 1, 2019, were discharged from probation or parole or released from prison after serving their sentences.

(2)- are79th notSession on(2017) probation– or2 parole– orEXPLANATION serving– aMatter sentencein ofbolded imprisonmentitalics onis Januarynew; 1, 2019;

andmatter (3)between beforebrackets January[omitted 1,material] 2019,is werematerial dischargedto frombe probationomitted. or parole or released from prison after serving their sentences.

Except as otherwise provided in subsection [4,] 5, a personper(a) whoIs hasfree beenfrom [honorably]the dischargedterms fromand probation:conditions of probation.

(a) Is free from the terms and conditions of probation.

- *AB181_R2* – 3 – (1) The right to vote;

- 79th Session (2017) – 3 – (2) Of an offense involving the use of force or violence that would constitute a category B felony if committed as of the date of discharge from probation.

(e) Four years after the date of [honorable] discharge from pro[(d)] (f) Six years after the date of [honorable] discharge from probation, is restored to the right to holdserve office.as a juror in a criminal action.

[(d)] (f) Six years after the date of [honorable] discharge from probation, is restored to the right to serve as a juror in a criminal action.

(a) Of a category A felony.

(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would - *AB181_R2* – 4 – constitute a category B felony if committed as of the date of [honorable] discharge from probation.

- 79th Session (2017) – 4 – ¬ A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of civil rights as set forth in subsection [3.] 4.

The prior conviction of a person who has been [honorably] discharged from probation may be used for purposes of impeachment.

Subject to the limitations set forth in subsection [4,] 5, a person who has been [honorably] discharged from probation in this State or elsewhere and whose official documentation of [honorable] discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’sthe person has been [honorably] discharged from probation and isn that eligible to be restored to the civil rights pursuantset forth in subsection [3,] 4, the court shall issue an order restoring the person to thisthe section.civil rights set forth in subsection [3.] 4.

Upon verification that the person has been [honorably] discharged from probation and is eligible to be restored to the civil rights set forth in subsection [3,] 4, the court shall issue an order restoring the person to the civil rights set forth in subsection [3.] 4.

- *AB181_R2* – 5 – (a) Official documentation of [honorable] discharge from probation, if it contains the provisions set forth in subsection [6;] 7;

- 79th Session (2017) – 5 – Sec.

(a) Is(1) immediatelyThe restoredright to thevote; [following civil rights:

(1)and Thethe right[following tocivil vote;rights: