HB 1829

Generally, present law provides that persons 18 or older who are citizens of the United States and of this state, and have been inhabitants of the state, county, district, or circuit for the period required by the constitution and laws of the state, are qualified to hold office under the authority of this state . However, there are several disqualifying exceptions, including if a person has been convicted of offering or giving a bribe, or another felony offense . Such individuals may become qualified again if the individual is restored to citizenship . However, for those who have been convicted of a felony committed in the person's official capacity or that involved the duties of the person's office, the person is forever disqualified from holding office . This bill removes that specific disqualifying exception, and provides, instead, that t hose who have been convicted of offering or giving a bribe, or a n other felony offense , are disqualified unless restored to citizenship . However, a person is forever disqualified from holding public office if (i) the person has been convicted of a felony if the offense was committed in the person's official capacity or involved the duties of the person's office; or (ii) t he person's restoration of citizenship was pursuant to a presidential pardon . FELONY CONVICTIONS — EFFECT ON BENEFITS For persons who bec o me members of public pension plans after July 1, 198 2, present law prohibits such an employee or elected or appointed official of the state or of a political subdivision from receiv ing retirement benefits from the Tennessee consolidated retirement system ("TCRS""), a superseded retirement system, or an other public pension system, if the employee or official is convicted in a court of this state of a felony arising out of the employee's or official's employment or official capacity, const ituting malfeasance in office. This bill removes that the felony must aris e out of the employee's or official's employment or official capacity, constituting malfeasance in office . Thereby, such prohibition applies to any felony."