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(Whereupon, the amendment was sec-
onded.)
THE CHAIRMAN: The amendment is
seconded by Delegate White. The Chair
recognizes Delegate Lloyd Taylor to speak
to ,the amendment.
DELEGATE L. TAYLOR: Mr. Chairman
and fellow delegates, this amendment is
meant for the individual who has the capa-
city to reform. It attempts to provide in
the constitution a guideline for the General
Assembly to provide restoration of civil
rights lost in an incident to the conviction
of a crime. We feel that when a person is
convicted of a crime and he serves his time
and he is paroled, the individual who has
the capacity to reform has the right to en-
joy the same civil rights as any other indi-
vidual, if he has shown that he can reform
after a certain period of time.
The principle is not embodied in the
constitution, but it leaves it up to the
General Assembly to formulate the method
by which the parolee or ex-convict can gain
his full civil rights.
This section 8 on unusual punishments
I feel covers what we call not only in the
legal field but in social work "double punish-
ment," and, of course, as a social worker, I
study social problems. I have worked with
people for the past ten years, and I find
that there are many people who come out
of prison and want to start a new life.
They come out with certain roadblocks in
their way toward gaining their civil rights
and reforming.
I feel they should have the freedom to
reform. This is a natural right. It is a
political right that many people have.
I would like to read briefly from a letter
from an attorney where I obtained the
legal background for this particular pro-
posal. The letter I received is from Joseph
H. Thomas, Jr., who says:
"We talked in terms of returning the
ex-convict to a useful, purposeful life upon
his release. However, below I have indicated
the application of his loss of civil rights
as a result of a conviction."
The civil rights which many convicts
lose include the right to vote, the right to
hold public office or positions of private
trust, jury service, testimonial capacity, the
right to participate in activities regulated
by the State, including professions and oc-
cupations, licensing, and the armed forces;
and also governmental and private bond
and insurance rights.
He goes on to say: ~ — - ,..-_
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"Currently was have a double punish-
ment, the actual period of time spent in
jail, as well as the lifetime disability. My
recommendation is that a time period be
set forth at the completion of which dis-
abilities ingendered by conviction may be
reviewed and lifted. In trying to determine
the length of disability one might look either
to a flat rule, for example, in misdemeanors
perhaps that disability should last the
length of time of the original sentence.
"For example, if a man receives five
years, serves his five years or is released
early on parole and for an additional five
years should have no other conviction, then
perhaps the disabilities that he finds himself
vested with as a result of his conviction
could be lifted. It would appear that this
would be an incentive for leading a good,
useful and productive life in society."
I mean by this proposal to give people
who have some sort of altercation with the
law the freedom to reform and permit the
General Assembly to set the methods and
formulate the ways in which the person
could regain his full civil rights.
This provision is provided for in a limited
fashion in the suffrage and election section
on disqualification. It says the General As-
sembly may provide for the removal of this
disqualification.
Civil rights includes many other rights
other than voting. The first thing people
coming out of prison want to do is find a
job. Of course, if they can find a job to
restore them to society in the right way,
they will go out and try to vote and become
a citizen.
What appears in section 8 appears in
the United States Constitution. This is al-
most obsolete. Some members do not believe
in substituting it.
I want to read from a text book on state
government: "A felony at common law has
been defined as 'any crime which occasioned
a forfeiture of lands and goods, and to
which might be superadded capital or other
punishment/ Forfeiture of lands and goods
as a punishment for crime has been abol-
ished in both England and the United States
so that the term no longer has its original
meaning."
So we have provided in this present draft
of ours a concept that is outmoded and ob-
solete.
THE CHAIRMAN : Delegate Taylor, you
have used seven minutes of your time.
DELEGATE L. TAYLOR: I want to
finish by saying that we should at least
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