BILL NUMBER: AB 149	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Weber

                        JANUARY 18, 2013

   An act  to add Section 2105.5 to the Elections Code, 
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 149, as amended, Weber. Registering to vote:  inmates and
 persons formerly incarcerated.
   Existing law provides that in order to be entitled to register to
vote a person must be a United States citizen, a resident of
California, 18 years of age, and not be incarcerated or on parole for
a felony conviction.
   This bill would  state the intent of the Legislature to
enact legislation to inform each person who completes all orders of
imprisonment that the person may be entitled to register to vote and
to provide information to the person on the procedures for
registering to vote and a copy of a voter registration application
  require each county jail and state prison to provide
an affidavit of registration and the most recent version of the
Secretary of State's voting rights   guide for incarcerated
persons to each inmate, as provided. By imposing new duties on county
jails, the bill would impose a state-mandated local program  .

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
all of the following:  
   (1) Many incarcerated inmates are not aware of the fact that they
may be eligible to register to vote and vote in California elections.
 
   (2) Many offenders who are discharged from state prison or county
jail and who are now on parole, postrelease community supervision,
mandatory supervision, or probation, or who may be discharged
therefrom, are not aware that they may be eligible to register to
vote and vote.  
   (3) There are issues on the election ballot that may affect
inmates and their families. Inmates and former offenders on parole,
postrelease community supervision, mandatory supervision, or
probation, or who may be discharged therefrom, are encouraged to
exercise their voting rights to express opinions on those issues.
 
   (4) Contrary to popular belief, a person who has been convicted of
a felony in California may be eligible to register to vote and vote
after he or she has served his or her sentence and is no longer on
parole.  
   (b) It is the intent of the Legislature to encourage each parole
agent, probation officer, or other law enforcement official
responsible for the supervision of a former offender on parole,
probation, mandatory supervision, or postrelease community
supervision to ensure that the offender has been informed that he or
she may be eligible to vote and has been provided with an affidavit
of voter registration and the most recent version of the Secretary of
State's voting rights guide for incarcerated persons at any point
during the parole, probation, or supervision but no later than the
time at which the individual is discharged from parole, probation, or
supervision. 
   SEC. 2.    Section 2105.5 is added to the  
Elections Code   , to read:  
   2105.5.  (a) Each county jail and state prison shall provide an
affidavit of registration and the most recent version of the
Secretary of State's voting rights guide for incarcerated persons to
each inmate, as described in subdivision (b) or (c).
   (b) Each county jail shall provide the documents described in
subdivision (a) to each inmate serving a felony sentence upon the
completion of the sentence, and to all other inmates at any time.
   (c) Each state prison shall provide the documents described in
subdivision (a) to each inmate upon the completion of his or her
sentence.
   (d) The requirements of this section do not apply to an inmate
serving a felony sentence who remains imprisoned until death.
   (e) County jails and state prisons shall obtain affidavits of
registration from county elections officials and the voting rights
guide from the Secretary of State. 
  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to inform each person who completes all orders
of imprisonment that the person may be entitled to register to vote
and to provide information to the person on the procedures for
registering to vote and a copy of a voter registration application.