Nevada 2019 Regular Session Status: Enacted

AB 431 — Revises provisions relating to the right to vote for a convicted person. (BDR 14-981)

Last action — Chapter 255.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to convicted persons; revising provisions governing the right to vote for convicted persons, and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

381 added · 392 removed

381 line(s) added, 392 removed.

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(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
431 ASSEMBLY BILLN O .
431–Assemblyman Frierson CHAPTER..........
431–ASSEMBLYMAN FRIERSON M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the right to vote for a convicted person.
(BDR 14-981) 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.
Existing law requires the restoration of certain civil rights, including the right to vote, for persons who have been convicted of certain felonies and discharged from immediately upon such persons as of the date of their discharge from probation orote parole or release from prison, except for persons who have previously been convicted of certain offenses.
Existing law requires the restoration of certain civil rights, including the right to vote, for persons who have been convicted of certain felonies and discharged from probation or parole or released from prison.
If the person was convicted of a category B felony involving the use of force or violence under certain circumstances, existing law provides that the person’s right to vote is automatically restored 2 years after his or her discharge from probation or parole or release from prison.
Existing law restores the right to vote immediately upon such persons as of the date of their discharge from probation or parole or release from prison, except for persons who have previously been convicted of certain offenses.
If the person was convicted of:
If the person was convicted of a category B felony involving the use of force or violence under certain circumstances, existing law provides that the person’s right to vote is automatically restored 2 years after his or convicted of:
(2) a category B circumstances;
(2) a category B felony that resulted in substantial bodily harm to the victim under certain circumstances;
Section 7 of this who:
Section 7 of this bill provides for the restoration of the right to vote to certain residents of this State who:
(2) are not serving a sentence oftate imprisonment on July 1, 2019;
(2) are not serving a sentence of probation or parole or released from prison after serving their sentences.
and (3) before July 1, 2019, were discharged from probation or parole or released from prison after serving their sentences.
from Existing law requires a county clerk to cancel a person’s registration to vote if the person was convicted of a felony unless the person:
Existing law requires a county clerk to cancel a person’s registration to vote if the person was convicted of a felony unless the person:
(NRS 293.540) Section 5 of this bill removes the - *AB431_R1* – 2 – requirement that the county clerk cancel the registration of a person who has been convicted of a felony and is not currently serving a term of imprisonment, thereby maintaining the right to vote of such a person.
(NRS 293.540) Section 5 of this bill removes the requirement that the county clerk cancel the registration of a person who has been convicted of a felony and is not currently serving a term of imprisonment, thereby maintaining the right to vote of such a person.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) Has fulfilled the conditions of probation for the entire period thereof;
thereof;as fulfilled the conditions of probation for the entire period (b) Is recommended for earlier discharge by the Division;
(b) Is recommended for earlier discharge by the Division;
Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge and is enforceable pursuant to NRS 176.275.
Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge and is enforceable pur4.ant[Except as otherwise provided in subsection 5, a] A person who has been discharged from probation:
4.
[Except as otherwise provided in subsection 5, a] A person who has been discharged from probation:
- *AB431_R1* – 3 – (d) Two years after the date of discharge from probation, is restored to the right to vote if the person has previously been convicted in this State:
(d) Two years after the date of discharge from probation, is restored to the right to vote if the person has previously been convicted in this State:
[(f)] (d) Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action.
- 80th Session (2019) – 3 – [(f)] (d) Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action.
[(i)] (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
[(i)] (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS[(j)] (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit.
[(j)] (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for “establishment” has the meaning ascribed to it in NRS 463.0148.
As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.
[(k)] (i) Except as otherwise provided in paragraph [(j),] (h), employer.disclose the conviction to an employer or prospective 5.
[(k)] (i) Except as otherwise provided in paragraph [(j),] (h), need not disclose the conviction to an employer or prospective employer.
5.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of discharge from probation.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would discharge from probation.elony if committed as of the date of (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for - *AB431_R1* – 4 – those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
[7.
- 80th Session (2019) – 4 – [7.
(b) That the person is restored to his or her civil [rights to vote and] right to serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (b), (c) and (d) of subsection 4;] date of his or her discharge from probation;
(b) That the person is restored to his or her civil [rights to vote and] right to serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (b), (c) and (d) of subsection 4;] date of his(c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph [(e)] (c) of subsection 4;
(c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph [(e)] (c) of subsection 4;
and (d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph [(f)] (d) of subsection 4.
and (d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph [(f)] (d) of [8.seSubject to the limitations set forth in subsection 5, a] 7.
[8.
A person who has been discharged from probation in this from probation is lost, damaged or destroyed may file a writtene request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section.
Subject to the limitations set forth in subsection 5, a] 7.
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A person who has been discharged from probation in this State or elsewhere and whose official documentation of discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section.
or (b) A court order restoring the person’s civil rights, as proof that the person has been restored to the civil rights set forth in subsection 4.
or as proof that the person has been restored to the civil rights set forth in subsection 4.
- *AB431_R1* – 5 – (a) Is immediately restored to the right to serve as a juror in a civil action.
(a) Is immediately restored to the right to serve as a juror in a civil action.
(1) Of a category B felony involving the use of force or violence.
- 80th Session (2019) – 5 – (1) Of a category B felony involving the use of force or violence.
2.
rights set forth in subsection 1 are not restored to a person who has received a discharge from parole if the person has previously been convicted in this State:
[Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received a discharge from parole if the person has previously been convicted in this State:
that resulted in substantial bodily harm to the victim.e or violence (d) Of an offense involving the use of force or violence that constitute a category B felony if committed as of the date ofuld discharge from parole.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of discharge from parole.
A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.
A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her3.iviExcept for a person subject to the limitations set forth in subsection 2, upon] Upon his or her discharge from parole, a person so discharged must be given an official document which provides:
3.
Except for a person subject to the limitations set forth in subsection 2, upon] Upon his or her discharge from parole, a person so discharged must be given an official document which provides:
(b) That the person is restored to his or her civil [rights] right to [vote and to] serve as a juror in a civil action as of the [applicable - *AB431_R1* – 6 – dates set forth in paragraphs (a), (b) and (c) of subsection 1;] date of his or her discharge from parole;
(b) That the person is restored to his or her civil [rights] right to [vote and to] serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (a), (b) and (c) of subsection 1;] date of his or her discharge from parole;
and (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph [(e)] (c) of subsection 1.
and - 80th Session (2019) – 6 – (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph [(e)] (c) of subsection 1.
Upon verification that the person has been discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1.
Upon verification that the to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1.
or (b) A court order restoring his or her civil rights, forth in subsection 1.rson has been restored to the civil rights set [6.] 5.
or (b) A court order restoring his or her civil rights, as proof that the person has been restored to the civil rights set forth in subsection 1.
The Board may adopt regulations necessary or conSec.
[6.] 5.
The Board may adopt regulations necessary or convenient for the purposes of this section.
Sec.
foNRS 213.157 is hereby amended to read as follows:
NRS 213.157 is hereby amended to read as follows:
(b) [Except as otherwise provided in paragraph (c), is] Is immediately restored to the right to vote.
(b) [Except as otherwise provided in paragraph (c), is] Is imm(c) [Two years after the date of his or her release from prison, is restored to the right to vote if the person has previously been convicted in this State:
(c) [Two years after the date of his or her release from prison, is restored to the right to vote if the person has previously been convicted in this State:
- *AB431_R1* – 7 – [(e)] (d) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.
[(e)] (d) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.
2.
- 80th Session (2019) – 7 – 2.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her release from prison.
resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her release from prison.
subsection 2, upon] Upon his or her release from prison, a person so released must be given an official document which provides:
3.
Except for a person subject to the limitations set forth in subsection 2, upon] Upon his or her release from prison, a person so released must be given an official document which provides:
(a) That the person has been released from prison;
(c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph [(d)] (c) of subsection 1;
restored to the person pursuant to paragraph [(d)] (c) of subsectionbe 1;
Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order - *AB431_R1* – 8 – restoring the person to the civil rights set forth in subsection 1.
Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order - 80th Session (2019) – 8 – restoring the person to the civil rights set forth in subsection 1.
4.
(Deleted by amendment.) Sec.
NRS 293.540 is hereby amended to read as follows:
(DeNRS 293.540 is hereby amended to read as follows:
(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of 2.
(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.
2.
(a) If the county clerk has personal knowledge of the death of person is filed in the county clerk’s office.
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.
of the death of the (b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
(b) If the county clerk is provided a certified copy of a court evidence that the person lacks the mental capacity to vote becausencing he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
- 80th Session (2019) – 9 – (d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
- *AB431_R1* – 9 – (e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.
(e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.
(g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.
(g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the req(h) As required by NRS 293.541.
(h) As required by NRS 293.541.
If the registration of an elector is cancelled pursuant to reregister [after presenting satisfactory evidence which demonstrates that the elector’s:
If the registration of an elector is cancelled pursuant to paragraph (c) of subsection 2 of NRS 293.540, the elector may reregister [after presenting satisfactory evidence which demonstrates that the elector’s:
(b) Civil rights have been restored:or (1) If the elector was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.
(a) Conviction has been overturned;
or (b) (1) If the elector was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.
5.
- 80th Session (2019) – 10 – 5.
- *AB431_R1* – 10 – 1.
1.
2.
and2.
and 3.
3.
H - *AB431_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 255.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 13, Nays: 8.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Do pass. Placed on Second Reading File. Read second time.

  8. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 32, Nays: 9, Excused: 1.) To Senate.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 190.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights elections
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Frequently asked questions

What does AB 431 do?
AN ACT relating to convicted persons; revising provisions governing the right to vote for convicted persons, and providing other matters properly relating thereto.
Who sponsors AB 431?
AB 431 is sponsored by Jason Frierson.
What is the current status of AB 431?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 431?
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