BILL NUMBER: AB 149	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013
	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: 
 Voting rights:  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 require  each county jail and state prison
  the Department of Corrections and Rehabilitation,
  county jails, and county probation departments  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  
specified voting rights information to persons under their
jurisdictions . By imposing new duties on county jails  and
county probation departments  , 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: yes.
State-mandated local program: yes.


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

  SECTION 1.   (a)    The
Legislature finds and declares  all of the  
following:   that many people with criminal
convictions, whether they are presently serving a sentence or have
completed a sentence, are unaware that they may be eligible to vote.
It is the intent of the Legislature to encourage the Department of
Corrections and Rehabilitation, county jails, and   county
probation departments to provide voter eligibility information and
affidavits of registration to eligible voters consistent with this
act.  
   (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) 
    2105.5.    (a) The Department of Corrections and
Rehabilitation shall do all of the following with respect to each
parolee under the jurisdiction of the department upon the completion
of his or her parole:  
   (1) Provide the parolee the most recent version of the Secretary
of State's voting rights guide for incarcerated persons.  
   (2) Inform the parolee, at the time the parolee is provided the
guide described in paragraph (1), that he or she may be eligible to
vote.  
   (3) Provide the parolee an affidavit of registration.  
   (b) Each county jail shall do all of the following with respect to
each inmate of the jail:  
   (1) Provide the inmate the most recent version of the Secretary of
State's voting rights guide for incarcerated persons.  
   (2) Provide the inmate, upon the inmate's request, an affidavit of
registration if the inmate is eligible to register to vote. 

   (c) Each county probation department shall do all of the following
with respect to each person under the department's supervision:
 
   (1) Provide the person the most recent version of the Secretary of
State's voting rights guide for incarcerated persons.  
   (2) Inform the person, at the time the person is provided the
guide described in paragraph (1), that he or she may be eligible to
vote.  
   (3) Provide the person, upon the person's request, an affidavit of
registration if the person is eligible to register to vote. 
    (d)   County jails and state prisons 
 The Department of Corrections and Rehabilitation   ,
county jails, and county probation departments  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.