| 1 | 1 | | By: Dunnam H.B. No. 4422 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the punishment for the fraudulent use or possession of |
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| 7 | 7 | | identifying information related to voter registration or voter |
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| 8 | 8 | | impersonation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 32.51(c), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (c) An offense under this section is: |
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| 13 | 13 | | (1) a state jail felony if the number of items |
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| 14 | 14 | | obtained, possessed, transferred, or used is less than five; |
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| 15 | 15 | | (2) a felony of the third degree if the number of items |
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| 16 | 16 | | obtained, possessed, transferred, or used is five or more but less |
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| 17 | 17 | | than 10 or if one or more items is obtained, possessed, transferred, |
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| 18 | 18 | | or used by a person to obtain a voter registration certificate or |
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| 19 | 19 | | used by a person to cast a vote; |
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| 20 | 20 | | (3) a felony of the second degree if the number of |
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| 21 | 21 | | items obtained, possessed, transferred, or used is 10 or more but |
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| 22 | 22 | | less than 50; or |
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| 23 | 23 | | (4) a felony of the first degree if the number of items |
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| 24 | 24 | | obtained, possessed, transferred, or used is 50 or more. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an offense committed on or after the effective date of this Act. |
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| 27 | 27 | | An offense committed before the effective date of this Act is |
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| 28 | 28 | | governed by the law in effect when the offense was committed, and |
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| 29 | 29 | | the former law is continued in effect for that purpose. For |
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| 30 | 30 | | purposes of this subsection, an offense was committed before the |
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| 31 | 31 | | effective date of this Act if any element of the offense was |
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| 32 | 32 | | committed before that date. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2009. |
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