Hon. Joe Remmber 

County Attorney 

Hard6 county 

HOU6tOn, T6X&6 

Dear Mr. Re6WehMl 

ATIY)RNEY GENERAL 

OF%'EXAS 

February 19, 1971 

Opinion No. M-795 t 

Ror Whether l poreon who 

ha6 been convicted ot 

a felony but whoae 

aentenoa has been probated.may k.$laued a 

votq,regis,ft;Stion 

certitioak. ._. 

In your recent 0 &ion requert ddresred&:;)lii 

. 

office you ark the~to P lowing questions 

Whether a person who hu ben convicte4 of’ 

a felony but.which aentenoe.has been~ 

be issued a voter regi8t~@tio&aertif P 

robah& auy 

c&e.-, 

Article VI, Section 1, Conrtikon of Texa$, pioVi*des 

in part as follows: 

"The following claeses of person8 Shall 

not be allowed to vote in this state, to wit: 

l . . . 

"Fourth: All person8 convictei3 ot any telony, 

abject to auah en#ptione ar the Legirl8ture may 

make.” . 

This constitutional provision wu implemented by. the 

tigfalature in Article 5.01 of the tkction Code of the 

State of Texas, which provide8 in pertinent partr 

“The following classes of persona shall 

not be allowed to vote in this .&ate8 

" 

. . . 

- 5861. 
Hon. Joe Re6weber, page 2 (M-795) 

“4. All persons convicted of any felony 

except those restored to full citizenship 

and right of suffrage or pardoned.” 

Article 42.12 of the Code of Criminal Procedure of 

Texas deals with probation in felony ca6e6 and provides~ 

authority for the 6USPending of sentence6 and the plaoing 

an probakon of defendants convicted of felonie~s uhdek Ce*ilih 

prescribed circumstances. Section 7 of Article II.12 

orovides: 

“Sec. 1. ht any time, after the defendant 

has sati6factorily oompleted one third of the 

original probationary period or two years of 

probation;whiohever is the lesser, the period. 

of probation may be reduced or terminated b the 

court. Upon the saCirtac$ory tultillment‘o Lb@ 

conditions of probafion, and the expiration or 

the period or probation, the court, by order 

duly entered, sball'akumd or modity the origiirkl 

sentence imbpos8d, IS,’ necessary, to conform to : 

the probation p&rid and shall discharg6 the.‘ 

defendant. In case the defendant has been 

convicted or 68 entered a’plea of guilky or 

a plea of nolo contendere, and the court has 

discharged the defendant hereunder, euch court 

may set aside Me verdiot or permit the defetidant 

to withdraw his lea, and shall ‘dismiss +he ' 

accusation, camp P aint, information or indictment 

agarn6t such defendant, who shall there-after 

he released from all penalltie6 and di6abflitieS -- 

resulting from the gEos: or crime of which he 

KXFEiFen convioted aicn ns-nas pxeaaeoguilty,.except that proof of his maid conviction 

Crta of guilty shall be made known to the 

court 6hould the detendant again br convicted 

of any criminal offenee." 

l * I 

~ 

It seems clear that the court rn which the conviction 

was had mu6t affirmatively take thelaction contemplated 

by Section 7 before a defendant ie . . . released from 

all disabilitiee reeulting from the offense . . . of which 

he ha6 been convicted.. . .* (Empha6i6 ours) This includes 

the release L 

to vote. 

n the disability of not being permitted 

See Attorney General 6 Opinion No6. M-640 (1970) 

and V-278 (1947). 
Hon. Joe Resweber, Page 3 (M-795) 

c 

Accordingly, until the trial court sets aside the 

verdict or permits the withdrawal at the plea of guilty 

and dismisses the *acousation, complaint, information or 

indictment", tbs detendant cumot vote in Texas and a 

votes registration oertitioate should not be issued to 

him. 

It is generally held in other states that a oonviction of a felony is 6uch a "disabilityg as.would bring 

about a di6qualitication to vote. 149 A.L.R. 1075, and 

cited authorities. 

SUMMARY 

A voter regi6tration certificate should not 

be issued to one convicted of a felony and placed 

on probation until the court in which the conviction was had has set aside the complaint, 

information or indictment as authorized by 57 ot’ 

Article 42.12, Codc.6t Criminal Procedure of Texas. 

/I 

Prepared by Lonny F. Zwiener 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Ta lor, Chairman 

W. t. Al ! en, Co-Chairman 

Roger Tyler 

Pat Bailey 

Bob Lattimore 

James Quick 

MRADE F. GRIFFIN 

Statf Legal AsSiStcUlt 

ALFRED WALKER 

Executive A66i6tant 

NOIA WHITE 

Fir6t Aeairtant 

I I’ ’ 

-3863-