| 1 | 1 | | 2017S0019-1 12/15/16 |
|---|
| 2 | 2 | | By: Perry S.B. No. 362 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the use of information from the lists of noncitizens |
|---|
| 8 | 8 | | excused or disqualified from jury service. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 18, Election Code, is |
|---|
| 11 | 11 | | amended by adding Section 18.070 to read as follows: |
|---|
| 12 | 12 | | Sec. 18.070. COMPARISON OF VOTING HISTORY INFORMATION TO |
|---|
| 13 | 13 | | CERTAIN INFORMATION REGARDING INELIGIBILITY. (a) The secretary |
|---|
| 14 | 14 | | of state shall annually compare the voting history information |
|---|
| 15 | 15 | | received under Section 18.069 to the information received under |
|---|
| 16 | 16 | | Section 62.113, Government Code. |
|---|
| 17 | 17 | | (b) The secretary of state shall maintain a list of the name |
|---|
| 18 | 18 | | and address of each person who has been excused or disqualified from |
|---|
| 19 | 19 | | jury service because the person is not a citizen of the United |
|---|
| 20 | 20 | | States, compiled from each list created under Section 62.113, |
|---|
| 21 | 21 | | Government Code. |
|---|
| 22 | 22 | | (c) The secretary of state may refer information the |
|---|
| 23 | 23 | | secretary has in connection with Subsection (a) to the attorney |
|---|
| 24 | 24 | | general in accordance with Section 31.006. |
|---|
| 25 | 25 | | SECTION 2. Section 62.113, Government Code, is amended to |
|---|
| 26 | 26 | | read as follows: |
|---|
| 27 | 27 | | Sec. 62.113. COMPILATION OF LIST OF NONCITIZENS. (a) The |
|---|
| 28 | 28 | | clerk of the court shall maintain a list of the name and address of |
|---|
| 29 | 29 | | each person who is excused or disqualified under this subchapter |
|---|
| 30 | 30 | | from jury service because the person is not a citizen of the United |
|---|
| 31 | 31 | | States. |
|---|
| 32 | 32 | | (b) On the third business day of each month, the clerk shall |
|---|
| 33 | 33 | | send a copy of the list of persons excused or disqualified because |
|---|
| 34 | 34 | | of citizenship in the previous month to: |
|---|
| 35 | 35 | | (1) the voter registrar of the county; |
|---|
| 36 | 36 | | (2) the secretary of state; and |
|---|
| 37 | 37 | | (3) the county or district attorney, as applicable, |
|---|
| 38 | 38 | | for an investigation of whether the person committed an offense |
|---|
| 39 | 39 | | under Section 13.007, Election Code, or other law. |
|---|
| 40 | 40 | | (c) [A list compiled under this section may not be used for a |
|---|
| 41 | 41 | | purpose other than a purpose described by Subsection (b) or Section |
|---|
| 42 | 42 | | 16.0332 or 18.068, Election Code. |
|---|
| 43 | 43 | | [(d) A person commits an offense if the person violates |
|---|
| 44 | 44 | | Subsection (c). An offense under this section is a Class C |
|---|
| 45 | 45 | | misdemeanor. |
|---|
| 46 | 46 | | [(e)] The information required to be filed with the |
|---|
| 47 | 47 | | secretary of state under this section must be filed electronically. |
|---|
| 48 | 48 | | The secretary of state may waive this requirement on application |
|---|
| 49 | 49 | | for a waiver submitted by the clerk. |
|---|
| 50 | 50 | | SECTION 3. An offense under Section 62.113(d), Government |
|---|
| 51 | 51 | | Code, may not be prosecuted after the effective date of this Act. |
|---|
| 52 | 52 | | If on the effective date of this Act a criminal action is pending |
|---|
| 53 | 53 | | for an offense under that section, the action is dismissed on that |
|---|
| 54 | 54 | | date. However, a final conviction for an offense under that section |
|---|
| 55 | 55 | | that exists on the effective date of this Act is unaffected by this |
|---|
| 56 | 56 | | Act. |
|---|
| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 61 | 61 | | Act takes effect September 1, 2017. |
|---|