HB486 (2019) Detail

Relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.


CHAPTER 170

HB 486 - FINAL VERSION

 

7Mar2019... 0361h

2019 SESSION

19-0507

04/01

 

HOUSE BILL 486

 

AN ACT relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.

 

SPONSORS: Rep. Klein, Hills. 11; Rep. Bouchard, Hills. 11; Rep. Kenney, Straf. 6; Rep. Espitia, Hills. 31; Rep. Amanda Bouldin, Hills. 12; Rep. Query, Hills. 16

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill requires the commissioner of the department of corrections to ensure that probation-parole officers receive instruction on the current state of the law regarding the rights of individuals who have attained final discharge of their sentence, defines "final discharge" for the purpose of restoration of voting rights, and authorizes the commissioner of the department of corrections to conduct an inquiry into the information disseminated by probation-parole officers to individuals who have attained final discharge of their sentence relating to rights retained and rights lost.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0361h 19-0507

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

170:1  Probationers and Parolees; Qualification and Certification of Probation-Parole Officers.  Amend RSA 504-A:12-a to read as follows:

504-A:12-a  Qualification and Certification of Probation-Parole Officers.  Every probation-parole officer shall meet the educational and training standards for employment as a probation-parole officer as established by the police standards and training council under RSA 106-L:6, and shall be certified by the council as being qualified to be a probation-parole officer.  The educational standards for training as a probation-parole officer shall include instruction concerning the rights lost and rights retained pursuant to RSA 607-A by an individual convicted of a felony.

170:2  Uniform Act on Status of Convicted Persons; Rights Lost.  Amend RSA 607-A:2, I to read as follows:

I.(a)  A person sentenced for a felony, from the time of his or her sentence until his or her final discharge, may not:

[(a)] (1)  Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he or she is paroled after commitment to imprisonment, the correctional facility shall provide the offender written notice that he or she may vote during the period of the suspension or parole; or

[(b)] (2)  Seek the nomination of a political party or become a candidate for or hold public office.  

(b)  In this paragraph, "final discharge" means the release of a prisoner from incarceration.  A person who is on probation or parole shall be considered to be finally discharged for the purpose of this section.  

170:3  Department of Corrections; Commissioner's Inquiry Regarding Information Disseminated by Probation-Parole Officers.  Upon the effective date of this section, the commissioner of the department of corrections shall initiate an inquiry into the information and advice disseminated by certified probation-parole officers employed by the department to an individual who has been convicted of a felony who has attained final discharge of his or her sentence relating to the rights of such individual pursuant to RSA 607-A.  The commissioner shall ensure that all department personnel, including probation-parole officers, are properly educated on the current status of state and federal law governing the rights retained and the rights lost by an individual convicted of a felony who has attained final discharge of his or her sentence.  The commissioner may seek the advice and assistance of other department personnel as the commissioner deems necessary.

170:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 10, 2019

Effective Date: September 08, 2019

Links

HB486 at GenCourtMobile
HB486 Discussion

Action Dates

Date Body Type
Jan. 23, 2019 House Hearing
Feb. 7, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote
April 11, 2019 Senate Hearing
Senate Floor Vote
May 30, 2019 Senate Floor Vote

Bill Text Revisions

HB486 Revision: 6508 Date: Dec. 3, 2019, 1:34 p.m.
HB486 Revision: 6128 Date: May 30, 2019, 4:47 p.m.
HB486 Revision: 5449 Date: March 7, 2019, noon
HB486 Revision: 4766 Date: Jan. 15, 2019, 9:15 a.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Criminal Justice and Public Safety HJ 3 P. 16
Jan. 23, 2019 Public Hearing: 01/23/2019 10:00 am LOB 204
Jan. 29, 2019 Subcommittee Work Session: 01/29/2019 10:30 am LOB 204
Feb. 6, 2019 Subcommittee Work Session: 02/06/2019 09:00 am LOB 204
Feb. 7, 2019 Executive Session: 02/07/2019 10:00 am LOB 204
Committee Report: Ought to Pass with Amendment # 2019-0361h (Vote 18-2; RC)
March 7, 2019 Committee Report: Ought to Pass with Amendment # 2019-0361h for 03/07/2019 (Vote 18-2; RC) HC 14 P. 8
March 7, 2019 Amendment # 2019-0361h: AA VV 03/07/2019 HJ 8 P. 17
March 7, 2019 Ought to Pass with Amendment 2019-0361h: MA VV 03/07/2019 HJ 8 P. 17
March 14, 2019 Introduced 03/14/2019 and Referred to Judiciary; SJ 9
April 11, 2019 Hearing: 04/11/2019, Room 103, SH, 02:40 pm; the committee will meet at 1:00 p.m. or 30 minutes following the end of session; SC 17A
Committee Report: Ought to Pass
May 30, 2019 Committee Report: Ought to Pass, 05/30/2019; SC 24
May 30, 2019 Ought to Pass: MA, VV; OT3rdg; 05/30/2019; SJ 18
June 13, 2019 Enrolled (In recess 06/13/2019); SJ 21
June 13, 2019 Enrolled 06/13/2019 HJ 19 P. 18
July 10, 2019 Signed by Governor Sununu 07/10/2019; Chapter 170; Eff: 09/08/2019