Felons convicted of infamous crimes – Dates

(a) The provisions and procedures provided for in §§ 40-29-101 – 40-29-104 shall apply to all persons convicted of an infamous crime prior to July 2, 1986. (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105(b) For all persons convicted of infamous crimes after July 1, 1986, but before July 1, 1996, the following procedures shall apply: (1) A person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon: (A) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to suffrage; (B) Service or expiration of the maximum sentence imposed for the infamous crime; or (C) Being granted final release from incarceration or supervision by the board of parole, or county correction authority; (2) A person rendered infamous after July 1, 1986, by virtue of being convicted of one (1) of the following crimes shall never be eligible to register and vote in this state: (A) First degree murder; (B) Aggravated rape; (C) Treason; or (D) Voter fraud. (3) Any person eligible for restoration of citizenship pursuant to subdivision (b)(1) may request, and then shall be issued, a certificate of restoration upon a form prescribed by the coordinator of elections, by: (A) The pardoning authority; or (B) An agent or officer of the supervising or incarcerating authority; (4) Any authority issuing a certificate of restoration shall forward a copy of the certificate to the coordinator of elections; (5) Any person issued a certificate of restoration shall submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote; and (6) A certificate of restoration issued pursuant to subdivision (b)(3) shall be sufficient proof to the administrator of elections that the person fulfills the requirements provided in subdivision (b)(1); however, before allowing a person convicted of an infamous crime to become a registered voter, it is the duty of the administrator of elections in each county to verify with the coordinator of elections that the person is eligible to register under this section. (c) The following procedure shall apply to a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996: (1) Except as provided in subdivision (c)(2)(B), a person rendered infamous or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred; (2) (A) A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court shall not have the authority or jurisdiction to alter, delete or render void special conditions pertaining to the right of suffrage that may be contained in the pardon; (B) A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason or voter fraud shall never be eligible to register and vote in this state; (3) The petition shall set forth the basis for the petitioner’s eligibility for restoration and shall state the reasons the petitioner believes that petitioner’s full citizenship rights should be restored. The petition shall be accompanied by the certified records, statements and other documents or information necessary to demonstrate to the court that the petitioner is both eligible for and merits having full rights of citizenship restored. The court may require any additional proof as it deems necessary to reach a just decision on the petition. There is a presumption that a petition filed pursuant to this subsection (c) shall be granted and that the full citizenship rights of the petitioner shall be restored. This presumption may only be overcome upon proof by a preponderance of the evidence that either the petitioner is not eligible for restoration or there is otherwise good cause to deny the petition; (4) (A) Prior to acting on any petition filed pursuant to this subsection (c),