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Senate Bill 0474

Senate Bill sb0474c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                            CS for SB 474

    By the Committee on Criminal Justice; and Senator Hill





    591-2136-07

  1                      A bill to be entitled

  2         An act relating to pardons; creating the "Rosa

  3         Parks Act"; creating s. 940.035, F.S.;

  4         encouraging the Board of Executive Clemency to

  5         grant a full pardon to a person convicted of

  6         protesting or challenging a state law or local

  7         government ordinance the purpose of which was

  8         to maintain racial segregation of or racial

  9         discrimination against individuals; providing

10         application procedures; requiring the Parole

11         Commission to notify the state attorney of the

12         circuit where the violation occurred; requiring

13         that the pardon be granted unless the state

14         attorney files an objection with the commission

15         on the grounds that the conviction did not

16         result from a violation of a law or ordinance

17         the purpose of which was to maintain racial

18         segregation of or racial discrimination against

19         individuals; requiring a hearing if the state

20         attorney files an objection; providing that a

21         person who receives a full pardon under the act

22         is not required to disclose the fact of the

23         conviction or any record or matter relating to

24         the conviction; amending s. 940.05, F.S.;

25         providing that a person convicted of protesting

26         or challenging laws or ordinances the purpose

27         of which was to maintain racial segregation of

28         or racial discrimination against individuals is

29         entitled to the restoration of all rights of

30         citizenship enjoyed by the person before the

31         conviction if the person has received a full

                                  1

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    Florida Senate - 2007                            CS for SB 474
    591-2136-07




 1         pardon from the Board of Executive Clemency;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  This act may be cited as the "Rosa Parks

 7  Act."

 8         Section 2.  Section 940.035, Florida Statutes, is

 9  created to read:

10         940.035  Pardons for convictions under segregationist

11  laws or ordinances.--

12         (1)(a)  Upon application to the Parole Commission, the

13  Board of Executive Clemency should strongly consider granting

14  a full pardon to any person convicted of protesting or

15  challenging a state law or local government ordinance the

16  purpose of which was to maintain racial segregation of or

17  racial discrimination against individuals. If the convicted

18  person is deceased, an application may be filed by a person

19  who can show legal authority to act on behalf of the deceased

20  person.

21         (b)  The Parole Commission shall notify the state

22  attorney of the circuit where the violation occurred after the

23  date the application for a pardon is filed with the

24  commission. The Board of Executive Clemency should strongly

25  consider granting a full pardon unless the state attorney

26  files an objection with the commission on the grounds that the

27  conviction did not result from a violation of a law or local

28  government ordinance the purpose of which was to maintain

29  racial segregation of or racial discrimination against

30  individuals.

31  

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    Florida Senate - 2007                            CS for SB 474
    591-2136-07




 1         (c)  If the state attorney objects, a hearing shall be

 2  held at the next scheduled meeting of the Board of Executive

 3  Clemency after the objection is filed. The Parole Commission

 4  shall provide notice of the hearing to all interested parties.

 5         (2)  Notwithstanding subsection (1), the Board of

 6  Executive Clemency is strongly encouraged to grant a pardon to

 7  a convicted person who files a sworn affidavit with the board

 8  stating that he or she was convicted of protesting or

 9  challenging a state law or local government ordinance the

10  purpose of which was to maintain racial segregation of or

11  racial discrimination against individuals. If the information

12  in the affidavit is later found to be false, or if the

13  violation of law by the applicant had no direct relationship

14  to or no purpose whatsoever in protesting or challenging a

15  state law or local government ordinance the purpose of which

16  was to maintain racial segregation of or racial discrimination

17  against individuals, the board may void the pardon.

18         (3)  A person who has received a full pardon under this

19  section is not required to disclose the fact of the conviction

20  or any record or matter relating to the conviction.

21         Section 3.  Section 940.05, Florida Statutes, is

22  amended to read:

23         940.05  Restoration of civil rights.--Any person who

24  has been convicted of a felony may be entitled to the

25  restoration of all the rights of citizenship enjoyed by him or

26  her prior to conviction if the person has:

27         (1)  Received a full pardon from the board of pardons;

28         (2)  Served the maximum term of the sentence imposed

29  upon him or her; or

30         (3)  Been granted his or her final release by the

31  Parole Commission; or.

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    Florida Senate - 2007                            CS for SB 474
    591-2136-07




 1         (4)  Been convicted of protesting or challenging a

 2  state law or local government ordinance the purpose of which

 3  was to maintain racial segregation of or racial discrimination

 4  against individuals. Such person is entitled to the

 5  restoration of all rights of citizenship enjoyed by the person

 6  before the conviction if the person has received a full pardon

 7  from the Board of Executive Clemency.

 8         Section 4.  This act shall take effect upon becoming a

 9  law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 474

13                                 

14  -    Avoids infringement on governor's constitutional pardon
         authority by strongly encouraging, rather than requiring,
15       granting of pardons for persons convicted of protesting
         or challenging a law or ordinance designed to maintain
16       racial segregation or discrimination.

17  -    Provides for voiding of pardon if affidavit is found to
         have included false information or if the conviction was
18       not related to protesting or challenging a law or
         ordinance designed to maintain racial segregation or
19       discrimination.

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