Tennessee Code Title 40. Criminal Procedure § 40-29-102

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Except as provided in subsections (b) and (c), a person rendered infamous or deprived of rights of citizenship by the judgment of any state or federal court is eligible to seek restoration of rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred upon:

(1) Receiving a pardon; however, a court does not have the jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage or the right to possess a firearm;

(2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or

(3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to § 40-28-609, or an equivalent discharge by another state, the federal government, or county correction authority.

(b) The following persons shall never be eligible to have the right of suffrage restored and vote in this state:

(1) A person convicted after July 1, 1986, of the offense of:

(A) First degree murder;

(B) Aggravated rape;

(D) Voter fraud;

(2) A person convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out in subdivision (b)(1) or any other degree of murder or rape; and

(3) A person convicted on or after July 1, 2006, of:

(A) Any of the offenses set out in subdivision (b)(1) or (b)(2);

(B) Any violation of title 39, chapter 16, part 1, 4, or 5 designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or

(C) Any sexual offense or violent sexual offense set out in § 40-39-202 that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and in which the victim was a minor.

(c) A person convicted of an infamous crime after May 18, 1981, is not eligible to have the right of suffrage restored and vote in this state unless the person:

(1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence;

(2) Has been compliant with all child support orders for the previous twelve (12) months, including orders related to child support arrearages.

(3) Deleted by 2026 Pub.Acts, c. 605, § 1, eff. March 26, 2026.

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-29-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-29-102/

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