Texas 2017 - 85th Regular

Texas House Bill HB4133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R27971~~ GRM-F
	1	+	85R12648 GRM-F
2	2		By: Fallon H.B. No. 4133
3		-	Substitute the following for H.B. No. 4133:
4		-	By: Laubenberg C.S.H.B. No. 4133
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to investigation and prosecution of certain election
10		-	offenses; creating a criminal offense; increasing criminal
11		-	penalties.
	8	+	offenses; creating an offense; increasing criminal penalties.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 1.013, Election Code, is amended to read
14	11		as follows:
15	12		Sec. 1.013. DESTRUCTION OF RECORDS. (a) After expiration of
16	13		the prescribed period for preserving voted ballots, election
17	14		returns, other election records, or other records that are
18	15		preserved under this code, the records may be destroyed or
19	16		otherwise disposed of unless, at the expiration of the preservation
20	17		period, an election contest or a criminal investigation or
21	18		proceeding in connection with an election to which the records
22	19		pertain is pending. In that case, the records shall be preserved
23	20		until the contest, investigation, or proceeding is completed and
24		-	the judgment, if any, becomes final. If a preservation request has
25		-	been issued by a law enforcement agency, the custodian of records
26		-	may not destroy the records before receiving written permission
27		-	from that law enforcement agency.
	21	+	the judgment, if any, becomes final.
28	22		(b) A person commits an offense if a person intentionally
29	23		destroys or causes the destruction of election records required to
30	24		be preserved under Subsection (a).
31	25		(c) Except as provided by Subsection (d), an offense under
32	26		Subsection (b) is a Class B misdemeanor.
33	27		(d) An offense under Subsection (b) in which a person
34	28		destroys or causes destruction of records subject to a preservation
35	29		request from a law enforcement agency is a state jail felony.
36	30		SECTION 2. Section 1.018, Election Code, is amended to read
37	31		as follows:
38	32		Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4
39	33		[In addition to Section 1.03, Penal Code, and to other titles of the
40	34		Penal Code that may apply to this code, Title 4], Penal Code, apply
41	35		[applies] to offenses prescribed by this code.
42		-	SECTION 3. The heading to Section 13.007, Election Code, is
43		-	amended to read as follows:
44		-	Sec. 13.007. FALSE STATEMENT ON REGISTRATION APPLICATION.
45		-	SECTION 4. Sections 13.007(a) and (b), Election Code, are
	36	+	SECTION 3. Sections 13.007(a) and (b), Election Code, are
46	37		amended to read as follows:
47	38		(a) A person commits an offense if the person knowingly
48	39		makes a false statement or requests, commands, or attempts to
49	40		induce another person to make a false statement or causes a false
50	41		statement to be made on a registration application.
51	42		(b) An offense under this section is a state jail felony
52	43		[Class B misdemeanor].
53		-	SECTION 5. Subchapter A, Chapter 13, Election Code, is
	44	+	SECTION 4. Subchapter A, Chapter 13, Election Code, is
54	45		amended by adding Section 13.009 to read as follows:
55	46		Sec. 13.009. MISUSE OF VOTER REGISTRATION INFORMATION. (a)
56	47		A person commits an offense if the person copies or otherwise
57	48		records voter information obtained from a registration
58	49		application, including two or more of the following pieces of
59	50		information belonging to a voter:
60	51		(1) an address;
61	52		(2) a phone number;
62	53		(3) a date of birth; or
63	54		(4) any part of a:
64	55		(A) social security number; or
65	56		(B) driver's license number.
66	57		(b) A person commits an offense if the person knowingly
67	58		possesses, sells, offers to sell, buys, or offers to buy voter
68	59		information copied from an application described by Subsection (a).
69		-	(c) This section does not apply to an employee of a
70		-	registrar or other governmental agency who copies, records, or
71		-	possesses the information for official administrative or law
72		-	enforcement purposes.
73		-	(d) An offense under this section is a state jail felony.
74		-	SECTION 6. Section 15.028(a), Election Code, is amended to
	60	+	SECTION 5. Section 15.028(a), Election Code, is amended to
75	61		read as follows:
76	62		(a) If the registrar determines that a person who is not an
77	63		eligible [a registered] voter voted in an election, or determines
78		-	that voter registration fraud or voting fraud ~~may have~~ occurred in
79		-	an election, the registrar shall execute and deliver to the
80		-	~~attorney~~ general, the secretary of state, and the county or
81		-	~~district~~ attorney having jurisdiction in the territory covered by
82		-	~~the~~ election an affidavit stating the relevant facts. Unless
83		-	otherwise ~~instructed~~ by the attorney general ~~and~~ the county or
	64	+	that voter registration fraud or voting fraud occurred in an
	65	+	election, the registrar shall execute and deliver to the attorney
	66	+	general, the secretary of state, and the county or district
	67	+	attorney having jurisdiction in the territory covered by the
	68	+	election an affidavit stating the relevant facts. Unless
	69	+	instructed otherwise by the attorney general or the county or
84	70		district attorney, the registrar shall preserve any election
85	71		records applicable to the offense for at least six months after the
86	72		date required by Section 66.058.
87		-	SECTION 7. Section 18.068(a), Election Code, is amended to
	73	+	SECTION 6. Section 18.068(a), Election Code, is amended to
88	74		read as follows:
89	75		(a) The secretary of state shall quarterly compare the
90		-	information received under Section 16.001 of this code and Section
91		-	62.113, Government Code, to the statewide computerized voter
92		-	registration list. If the secretary determines that a voter on the
93		-	registration list is deceased or has been excused or disqualified
94		-	from jury service because the voter is not a citizen, the secretary
95		-	shall send notice of the determination to the voter registrar of the
96		-	counties considered appropriate by the secretary and to the
97		-	attorney general.
98		-	SECTION 8. Section 64.012, Election Code, is amended to
	76	+	information received under Section 16.001 of this code and
	77	+	Sections [Section] 62.113 and 62.114, Government Code, to the
	78	+	statewide computerized voter registration list. If the secretary
	79	+	determines that a voter on the registration list is deceased or has
	80	+	been excused or disqualified from jury service because the voter is
	81	+	not a citizen or not a resident of the county, the secretary shall
	82	+	send notice of the determination to the voter registrar of the
	83	+	counties considered appropriate by the secretary and refer the
	84	+	matter for criminal investigation under Section 31.006 if records
	85	+	indicate that a person may have violated Section 13.007 or 64.012.
	86	+	SECTION 7. Section 64.012, Election Code, is amended by
	87	+	amending Subsection (a) and adding Subsections (c), (d), and (e) to
99	88		read as follows:
100		-	Sec. 64.012. ILLEGAL VOTING. (a) A person commits an
101		-	offense if the person:
	89	+	(a) A person commits an offense if the person:
102	90		(1) votes or attempts to vote in an election in which
103	91		the person knows the person is not eligible to vote;
104	92		(2) knowingly votes or attempts to vote more than once
105	93		in an election;
106	94		(3) knowingly [impersonates another person and] votes
107	95		or attempts to vote a ballot belonging to another person, or by
108	96		impersonating another [as the impersonated] person; or
109	97		(4) knowingly marks or attempts to mark another
110	98		person's ballot without the consent of that person, or without
111	99		specific direction from that person how to mark the ballot.
112		-	(b) An offense under this section is a felony of the third
113		-	[second] degree unless the person is convicted of an attempt. In
114		-	that case, the offense is a state jail felony.
115	100		(c) It is sufficient for the purposes of Subsection (a)(1)
116	101		to establish that the person had knowledge of the person's
117	102		ineligibility to vote if the person was aware of the facts or
118	103		circumstances causing the person's ineligibility under this code.
119	104		(d) It is not a defense to prosecution that the ballot was
120	105		not finally counted.
121	106		(e) An offense under this section is increased to the next
122	107		higher category of offense if it is shown on the trial of an offense
123	108		under this section that:
124	109		(1) the defendant was previously convicted of an
125	110		offense under this code;
126	111		(2) if the defendant is being charged as a party to the
127	112		offense, the offense involves a voter 65 years of age or older; or
128	113		(3) the defendant committed another offense under this
129	114		section in the same election.
130		-	SECTION 9. Section 66.058(a), Election Code, is amended to
	115	+	SECTION 8. Section 66.058(a), Election Code, is amended to
131	116		read as follows:
132	117		(a) Except as otherwise provided by this code, the precinct
133	118		election records shall be preserved by the authority to whom they
134	119		are distributed:
135	120		(1) in an election involving a federal office, for at
136	121		least 22 months after election day in accordance with federal law;
137	122		or
138	123		(2) in an election not involving a federal office, for
139	124		at least 12 [six] months after election day.
140		-	SECTION 10. Section 162.014(b), Election Code, is amended
141		-	to read as follows:
	125	+	SECTION 9. Section 162.014(b), Election Code, is amended to
	126	+	read as follows:
142	127		(b) An offense under this section is a Class A [Class C]
143	128		misdemeanor.
144		-	SECTION 11. Section 231.008, Election Code, is amended by
	129	+	SECTION 10. Section 231.008, Election Code, is amended by
145	130		adding Subsection (f) to read as follows:
146	131		(f) The clerk shall deliver a copy of the judgment and any
147	132		findings of fact or conclusions of law to the attorney general, and
148	133		upon request from the attorney general, shall deliver copies of any
149	134		portion of the record for use in a criminal investigation.
150		-	SECTION 12. Section 273.001(e), Election Code, is amended
	135	+	SECTION 11. Section 273.001(e), Election Code, is amended
151	136		to read as follows:
152	137		(e) Not later than the 30th day after the date on which a
153		-	peace officer or county or district attorney receives a complaint
154		-	of an offense under this code punishable as a Class B misdemeanor or
155		-	higher [begins an investigation under this section], the officer or
156		-	county or district attorney shall deliver notice of the complaint
157		-	[investigation] to the secretary of state and the attorney general.
158		-	The notice must include a copy of the complaint, a statement on
159		-	whether [that] a criminal investigation is being conducted, and the
160		-	date on which the election that is the subject of the complaint
161		-	[investigation] was held. The secretary of state may disclose
162		-	information relating to a criminal investigation received under
163		-	this subsection only if the county or district attorney or the
164		-	attorney general has disclosed the information or would be required
165		-	by law to disclose the information.
166		-	SECTION 13. Subchapter B, Chapter 273, Election Code, is
	138	+	county or district attorney begins an investigation under this
	139	+	section, the county or district attorney shall deliver notice of
	140	+	the investigation to the secretary of state and the attorney
	141	+	general. The notice must include a statement that a criminal
	142	+	investigation is being conducted and the date on which the election
	143	+	that is the subject of the investigation was held. The secretary of
	144	+	state may disclose information relating to a criminal investigation
	145	+	received under this subsection only if the county or district
	146	+	attorney or the attorney general has disclosed the information or
	147	+	would be required by law to disclose the information.
	148	+	SECTION 12. Subchapter B, Chapter 273, Election Code, is
167	149		amended by adding Section 273.025 to read as follows:
168		-	Sec. 273.025. LIMITATIONS. An indictment or information
169		-	for an offense under this code must be presented not later than five
170		-	years after the date of the commission of the offense.
171		-	SECTION 14. Chapter 276, Election Code, is amended by
	150	+	Sec. 273.025. LIMITATIONS. (a) An indictment for or
	151	+	information related to a felony or misdemeanor under this code must
	152	+	be presented not later than five years after the date of the
	153	+	commission of the offense.
	154	+	(b) In an election where an investigation is being conducted
	155	+	under this code, the election records must be preserved by the
	156	+	election authority until the later of:
	157	+	(1) the time prescribed by this code to preserve the
	158	+	records; or
	159	+	(2) the period of limitation prescribed by Subsection
	160	+	(a).
	161	+	SECTION 13. Chapter 276, Election Code, is amended by
172	162		adding Sections 276.002 and 276.011 to read as follows:
173	163		Sec. 276.002. OBSTRUCTION OF ELECTION INVESTIGATION OR
174	164		PROCEEDING. (a) A person commits an offense if the person, with
175	165		intent to influence a witness or prospective witness in an
176	166		investigation or proceeding brought under this code:
177		-	(1) offers a benefit to, intimidates, harms, or
	167	+	(1) offers a benefit to or intimidates, harms, or
178	168		threatens to harm a witness or prospective witness;
179	169		(2) instructs or encourages a witness or prospective
180	170		witness to give a false statement or testimony or withhold or make
181	171		unavailable any testimony, information, or evidence; or
182	172		(3) instructs or encourages a witness or prospective
183	173		witness:
184	174		(A) to elude legal process summoning the witness
185	175		to testify or supply evidence; or
186	176		(B) to be absent from a legal proceeding to which
187	177		the witness has been legally summoned.
188	178		(b) An offense under this section is a felony of the second
189	179		degree.
190	180		Sec. 276.011. ELECTION FRAUD. (a) A person commits an
191	181		offense if the person knowingly or intentionally makes any effort
192	182		to:
193		-	(1) influence the independent exercise of ~~the~~ vote of
194		-	~~another in~~ the presence of the ballot or during the voting process;
	183	+	(1) influence the independent exercise of a vote in
	184	+	the presence of the ballot or during the voting process;
195	185		(2) cause a voter registration application, ballot, or
196	186		vote to be obtained or cast under false pretenses;
197	187		(3) cause any false or intentionally misleading
198	188		statement, representation, or information to be provided:
199	189		(A) to an election official; or
200	190		(B) on an election-related:
201	191		(i) form;
202	192		(ii) petition;
203	193		(iii) statement;
204	194		(iv) oath;
205	195		(v) affirmation; or
206	196		(vi) official document; or
207	197		(4) subvert the election process in order to obtain a
208	198		benefit or to benefit another person, candidate, or political
209	199		party.
210	200		(b) An offense under this section is a Class A misdemeanor.
211	201		(c) An offense under this section is increased to the next
212	202		higher category of offense if it is shown on the trial of the
213	203		offense that:
214	204		(1) the defendant was previously convicted of an
215	205		offense under this code;
216	206		(2) the offense involved a voter 65 years of age or
217	207		older; or
218	208		(3) the defendant committed another offense under this
219	209		section in the same election.
220	210		(d) If conduct that constitutes an offense under this
221	211		section also constitutes an offense under any other law, the actor
222	212		may be prosecuted under this section, the other law, or both.
223		-	SECTION 15. Sections 13.007(c) and 15.028(b), Election
	213	+	SECTION 14. Sections 13.007(c) and 15.028(b), Election
224	214		Code, are repealed.
225		-	SECTION 16. The changes in law made by this Act apply only
	215	+	SECTION 15. The changes in law made by this Act apply only
226	216		to an offense committed on or after the effective date of this Act.
227	217		An offense committed before the effective date of this Act is
228	218		governed by the law in effect on the date the offense was committed,
229	219		and the former law is continued in effect for that purpose. For
230	220		purposes of this section, an offense was committed before the
231	221		effective date of this Act if any element of the offense occurred
232	222		before that date.
233		-	SECTION 17. This Act takes effect September 1, 2017.
	223	+	SECTION 16. This Act takes effect September 1, 2017.