| 1 | 1 | | 84R12226 GRM-F |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1633 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to criminal conduct in connection with an election. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 20, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 20.014 to read as follows: |
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| 11 | 11 | | Art. 20.014. RECORDING OF CERTAIN GRAND JURY PROCEEDINGS |
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| 12 | 12 | | INVOLVING CRIMINAL CONDUCT IN CONNECTION WITH AN ELECTION. (a) The |
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| 13 | 13 | | entire grand jury proceeding shall be recorded either by a |
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| 14 | 14 | | stenographer or by use of an electronic device capable of recording |
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| 15 | 15 | | sound if the person is suspected or accused of committing an offense |
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| 16 | 16 | | under the Election Code. |
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| 17 | 17 | | (b) A disclosure of a record made under Subsection (a) or a |
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| 18 | 18 | | disclosure of a typewritten transcription of that record shall be |
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| 19 | 19 | | made public if the grand jury finds no bill of indictment. |
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| 20 | 20 | | SECTION 2. Article 20.02(a), Code of Criminal Procedure, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | (a) Except as provided by Article 20.014, the [The] |
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| 23 | 23 | | proceedings of the grand jury shall be secret. |
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| 24 | 24 | | SECTION 3. Section 15.028, Election Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR. |
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| 27 | 27 | | [(a)] If the registrar determines that a person who is not a |
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| 28 | 28 | | registered voter voted in an election, the registrar shall execute |
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| 29 | 29 | | and deliver an affidavit stating the relevant facts to: |
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| 30 | 30 | | (1) the county or district attorney having |
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| 31 | 31 | | jurisdiction in the territory covered by the election; and |
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| 32 | 32 | | (2) [an affidavit stating the relevant facts. |
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| 33 | 33 | | [(b) If the election covers territory in more than one |
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| 34 | 34 | | county, the registrar shall also deliver an affidavit to] the |
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| 35 | 35 | | attorney general. |
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| 36 | 36 | | SECTION 4. Section 273.001(a), Election Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | (a) If two or more registered voters of the territory |
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| 39 | 39 | | covered by an election present affidavits alleging criminal conduct |
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| 40 | 40 | | in connection with the election to the county or district attorney |
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| 41 | 41 | | having jurisdiction in that territory or to the attorney general, |
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| 42 | 42 | | the [county or district] attorney receiving the affidavits shall |
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| 43 | 43 | | investigate the allegations. [If the election covers territory in |
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| 44 | 44 | | more than one county, the voters may present the affidavits to the |
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| 45 | 45 | | attorney general, and the attorney general shall investigate the |
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| 46 | 46 | | allegations.] |
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| 47 | 47 | | SECTION 5. This Act applies only to a grand jury whose term |
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| 48 | 48 | | commences on or after the effective date of this Act. |
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| 49 | 49 | | SECTION 6. This Act takes effect September 1, 2015. |
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