H.B. 64

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
7 LONG TITLE
8 General Description:
9 This bill prohibits a felon convicted of certain crimes from holding certain offices.
10 Highlighted Provisions:
11 This bill:
12 . prohibits a felon who is convicted of a sexual offense from holding the office of
13 State Board of Education member or local school board member; and
14 . makes conforming and technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-2-101.5, as last amended by Laws of Utah 2006, Chapter 28
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 20A-2-101.5 is amended to read:
25 20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold
26 office.
27 (1) As used in this section, "convicted felon" means a person convicted of a felony in

28 any state or federal court of the United States.
29 (2) Each convicted felon's right to register to vote and to vote in an election is restored
30 when:
31 (a) the felon is sentenced to probation;
32 (b) the felon is granted parole; or
33 (c) the felon has successfully completed the term of incarceration to which the felon
34 was sentenced.
35 (3) [Each] Except as provided by Subsection (4), a convicted felon's right to hold
36 elective office is restored when:
37 (a) all of the felon's felony convictions have been expunged; or
38 (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
39 (ii) the felon has paid all court-ordered restitution and fines; and
40 (iii) for each felony conviction that has not been expunged, the felon has:
41 (A) completed probation in relation to the felony;
42 (B) been granted parole in relation to the felony; or
43 (C) successfully completed the term of incarceration associated with the felony.
44 (4) A convicted felon who is a sex offender, as defined in Section 77-41-102 , may not
45 hold the office of State Board of Education member or local school board member.




Legislative Review Note
as of 12-21-12 9:50 AM

Office of Legislative Research and General Counsel

[Bill Documents]