[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 457 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 457

    To secure the Federal voting rights of non-violent persons when 
                      released from incarceration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2015

  Mr. Paul (for himself and Mr. Reid) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To secure the Federal voting rights of non-violent persons when 
                      released from incarceration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Voting Restoration Act 
of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (4) Non-violent criminal offense.--The term ``non-violent 
        criminal offense'' means any offense that is not a crime of 
        violence (as defined in section 16 of title 18, United States 
        Code).
            (5) Probation.--The term ``probation'' means probation or 
        parole supervision, imposed by a Federal, State, or local court 
        or parole board, with or without a condition on the individual 
        involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court or parole board; or
                    (D) supervision of the individual by an officer of 
                the court or parole board.

SEC. 3. RIGHTS OF CITIZENS.

    (a) Right To Vote.--The right of an individual who is a citizen of 
the United States to vote in any election for Federal office shall not 
be denied or abridged because the individual has been convicted of a 
non-violent criminal offense, unless, at the time of the election, the 
individual--
            (1) is serving a sentence in a correctional institution or 
        facility; or
            (2) subject to subsection (b), is serving a term of 
        probation.
    (b) Restoration of Voting Rights for Individuals on Probation.--An 
individual who is serving a term of probation shall have the right to 
vote restored in any election for Federal office--
            (1) on the date on which the term of probation ends, if the 
        term of probation is less than 1 year; or
            (2) on the date that is 1 year after the date on which the 
        individual begins serving the term of probation, if the term of 
        probation is 1 year or longer.
    (c) Effective Date.--This section shall take effect 1 year after 
the date of enactment of this Act.

SEC. 4. ATTORNEY GENERAL DESIGNATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall determine which criminal 
offenses under Federal law and the laws of each State are non-violent 
criminal offenses and establish a list of all such offenses.
    (b) Requirements.--The list established under subsection (a) shall 
be--
            (1) made publically available, in a searchable format, on 
        the website of the Department of Justice; and
            (2) updated no less frequently than every year.

SEC. 5. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action, 
obtain such declaratory or injunctive relief as is necessary to remedy 
a violation of this Act.
    (b) Private Right of Action.--
            (1) In general.--A person who is aggrieved by a violation 
        of this Act may provide written notice of the violation to the 
        chief election official of the State involved.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 90 days after receipt of a 
        notice under paragraph (1), or within 20 days after receipt of 
        the notice if the violation occurred within 120 days before the 
        date of an election for Federal office, the aggrieved person 
        may, in a civil action, obtain declaratory or injunctive relief 
        with respect to the violation.
            (3) Exception.--If the violation occurred within 30 days 
        before the date of an election for Federal office, the 
        aggrieved person need not provide notice to the chief election 
        official of the State under paragraph (1) before bringing a 
        civil action to obtain declaratory or injunctive relief with 
        respect to the violation.

SEC. 6. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall notify in writing any individual who has 
        been convicted of a non-violent criminal offense under the law 
        of that State that the individual has, pursuant to this Act, 
        the right to vote in an election for Federal office and to 
        register to vote in any such election, subject to section 7(c).
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual is sentenced 
                by a State court.
    (b) Federal Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), the Director of the Bureau of Prisons shall notify in 
        writing any individual who has been convicted of a non-violent 
        criminal offense under Federal law that the individual has, 
        pursuant to this Act, the right to vote in an election for 
        Federal office and to register to vote in any such election, 
        subject to section 7(c).
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation by a court established by an Act of 
                        Congress; or
                            (ii) is released from the custody of the 
                        Bureau of Prisons (other than to the custody of 
                        a State to serve a term of imprisonment for a 
                        felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual is sentenced 
                by a State court.

SEC. 7. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this Act 
shall be construed to prohibit the States from enacting any State law 
which affords the right to vote in any election for Federal office on 
terms less restrictive than those established by this Act.
    (b) Certain Federal Acts.--The rights and remedies established by 
this Act--
            (1) are in addition to all other rights and remedies 
        provided by law; and
            (2) shall not supersede, restrict, or limit the application 
        of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or 
        the National Voter Registration Act (42 U.S.C. 1973-gg).
    (c) State Laws Relating to Voter Registration.--Nothing in this Act 
shall be construed to preempt State laws relating to the timing of 
voter registration for any election for Federal office.

SEC. 8. FEDERAL PRISON FUNDS.

    (a) In General.--No State, unit of local government, or other 
person may receive or use, to construct or otherwise improve a prison, 
jail, or other place of incarceration, any Federal grant amounts unless 
that person has in effect a program under which each individual 
incarcerated in that person's jurisdiction is notified, upon release 
from such incarceration, of that individual's rights under section 3.
    (b) State Non-Compliance With Notification Requirements.--No State 
may receive or use, to construct or otherwise improve a prison, jail, 
or other place of incarceration, any Federal grant amounts unless the 
State is in compliance with the notification requirements under section 
6(a).
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