TITLE LIX
PROCEEDINGS IN CRIMINAL CASES
Chapter 607-A
UNIFORM ACT ON STATUS OF CONVICTED PERSONS
Section 607-A:1
607-A:1 Definition. –
In this chapter, "felony" means:
I. A crime committed against the laws of this state or of the federal government for which a sentence of death or imprisonment in the state prison or a federal prison or penitentiary; or
II. A crime committed against the laws of another state for which a sentence of death or imprisonment in a prison or penitentiary is imposed, if the act would permit a sentence of death or imprisonment in the state prison in this state had it been committed in this state.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:2
607-A:2 Rights Lost. –
I. (a) A person sentenced for a felony, from the time of his or her sentence until his or her final discharge, may not:
(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
(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.
II. A public office held at the time of sentence is forfeited as of the date of the sentence if the sentence is in this state or, if the sentence is in another state or in a federal court, as of the date a certification of the sentence from the sentencing court is filed in the office of secretary of state, who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed the defendant shall be restored to any public office forfeited under this chapter from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture.
Source. 1967, 289:1, eff. Aug. 26, 1967. 2015, 99:1, eff. Aug. 4, 2015. 2019, 170:2, eff. Sept. 8, 2019.
Section 607-A:3
607-A:3 Rights Retained by Convicted Person. –
Except as otherwise provided by this chapter or by the constitution of this state, a person convicted of a crime does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of his rights, political, personal, civil, and otherwise, including the right to hold public office or employment, to vote, to hold, receive, and transfer property, to enter into contracts, to sue and be sued, and to hold offices of private trust in accordance with law.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:4
607-A:4 Savings Provisions. –
I. This chapter does not affect the power of a court, otherwise given by law, to impose sentence, to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the adult parole board to impose conditions of parole.
II. This chapter does not deprive or restrict the authority and powers of officials of a penal institution or other penal facility, otherwise provided by law, for the administration of the institution or facility or for the control of the conduct and conditions of confinement of a convicted person in their custody.
III. This chapter does not affect the qualifications or disqualifications otherwise required or imposed by law for a designated office, public or private, for service as a juror, for voting, or for any designated profession, trust, or position or any designated license or privilege conferred by public authority.
IV. This chapter does not affect the rights of others arising out of the conviction or out of the conduct on which the conviction is based and not dependent upon the doctrines of civil death, the loss of civil rights, the forfeiture of estate, or corruption of blood.
V. This chapter does not affect laws governing rights of inheritance of a murderer from his victim.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:5
607-A:5 Certificate of Discharge. –
I. If the sentence was imposed in this state, the order, certificate, or other instrument of discharge given to a person sentenced for a felony upon his discharge after completion of service of his sentence or after service under probation or parole shall state that the defendant's rights to vote and to hold any future public office, of which he was deprived by this chapter, are thereby restored and that he suffers no other disability by virtue of his conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction.
II. If the sentence was imposed in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the governor of this state, upon application and proof of the discharge in such form as the governor may require, shall issue a certificate stating that the rights enumerated in paragraph I have been restored to the defendant under the laws of this state.
III. If another state having a similar act issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which he was deprived in this state under this chapter are restored to him in this state.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:6
607-A:6 Uniformity of Interpretation. –
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:7
607-A:7 Short Title. –
This chapter may be cited as the Uniform Act on Status of Convicted Persons.
Source. 1967, 289:1, eff. Aug. 26, 1967.
Section 607-A:8
607-A:8 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of the chapter are severable.
Source. 1967, 289:1, eff. Aug. 26, 1967.