BILL ANALYSIS S.B. 2208 By: Parker Elections Committee Report (Unamended) BACKGROUND AND PURPOSE Election crimes can carry a great deal of political contention and deserve to be heard in an unbiased venue. In most cases, current law requires election offenses to be prosecuted in the county in which they occur. The prosecution of election crimes is important to make sure our elections are conducted in a fair manner. However, there has been great concern raised across the state regarding the refusal of some prosecutors to pursue prosecution of those offenses. Additionally, the court of criminal appeals recently held that the Office of the Attorney General does not have the authority to pursue these crimes. S.B. 2208 seeks to address these concerns by allowing an election offense to be prosecuted in a county or judicial district adjoining that in which the offense occurred. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 2208 amends the Code of Criminal Procedure to authorize an offense under the Election Code or an offense otherwise related to an election conducted in Texas to be prosecuted as follows: for a felony offense, in a judicial district adjoining the judicial district in which the offense occurred; and for a misdemeanor offense, in a county adjoining the county in which the offense occurred. S.B. 2208 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 2208
By: Parker
Elections
Committee Report (Unamended)
S.B. 2208
By: Parker
Elections
Committee Report (Unamended)
BACKGROUND AND PURPOSE Election crimes can carry a great deal of political contention and deserve to be heard in an unbiased venue. In most cases, current law requires election offenses to be prosecuted in the county in which they occur. The prosecution of election crimes is important to make sure our elections are conducted in a fair manner. However, there has been great concern raised across the state regarding the refusal of some prosecutors to pursue prosecution of those offenses. Additionally, the court of criminal appeals recently held that the Office of the Attorney General does not have the authority to pursue these crimes. S.B. 2208 seeks to address these concerns by allowing an election offense to be prosecuted in a county or judicial district adjoining that in which the offense occurred.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 2208 amends the Code of Criminal Procedure to authorize an offense under the Election Code or an offense otherwise related to an election conducted in Texas to be prosecuted as follows: for a felony offense, in a judicial district adjoining the judicial district in which the offense occurred; and for a misdemeanor offense, in a county adjoining the county in which the offense occurred. S.B. 2208 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
Election crimes can carry a great deal of political contention and deserve to be heard in an unbiased venue. In most cases, current law requires election offenses to be prosecuted in the county in which they occur. The prosecution of election crimes is important to make sure our elections are conducted in a fair manner. However, there has been great concern raised across the state regarding the refusal of some prosecutors to pursue prosecution of those offenses. Additionally, the court of criminal appeals recently held that the Office of the Attorney General does not have the authority to pursue these crimes. S.B. 2208 seeks to address these concerns by allowing an election offense to be prosecuted in a county or judicial district adjoining that in which the offense occurred.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 2208 amends the Code of Criminal Procedure to authorize an offense under the Election Code or an offense otherwise related to an election conducted in Texas to be prosecuted as follows:
for a felony offense, in a judicial district adjoining the judicial district in which the offense occurred; and
for a misdemeanor offense, in a county adjoining the county in which the offense occurred.
S.B. 2208 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.
EFFECTIVE DATE
September 1, 2023.