H.B. 64 Enrolled

1

FELON'S RIGHT TO HOLD OFFICE
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol Spackman Moss
5 Senate Sponsor: Patricia W. Jones
6 Cosponsors:
7 Patrice M. ArentJoel K. Briscoe
Marie H. Poulson 8
9 LONG TITLE
10 General Description:
11 This bill prohibits an individual convicted of certain sexual offenses from holding
12 certain offices.
13 Highlighted Provisions:
14 This bill:
15 . prohibits an individual who is convicted of certain sexual offenses from holding the
16 office of State Board of Education member or local school board member; and
17 . makes conforming and technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-2-101.5, as last amended by Laws of Utah 2006, Chapter 28
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-2-101.5 is amended to read:
28 20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold

29 office.
30 (1) As used in this section, "convicted felon" means a person convicted of a felony in
31 any state or federal court of the United States.
32 (2) Each convicted felon's right to register to vote and to vote in an election is restored
33 when:
34 (a) the felon is sentenced to probation;
35 (b) the felon is granted parole; or
36 (c) the felon has successfully completed the term of incarceration to which the felon
37 was sentenced.
38 (3) [Each] Except as provided by Subsection (4), a convicted felon's right to hold
39 elective office is restored when:
40 (a) all of the felon's felony convictions have been expunged; or
41 (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
42 (ii) the felon has paid all court-ordered restitution and fines; and
43 (iii) for each felony conviction that has not been expunged, the felon has:
44 (A) completed probation in relation to the felony;
45 (B) been granted parole in relation to the felony; or
46 (C) successfully completed the term of incarceration associated with the felony.
47 (4) An individual who has been convicted of a grievous sexual offense, as defined in
48 Section 76-1-601 , against a child, may not hold the office of State Board of Education member
49 or local school board member.

[Bill Documents]