Texas 2023 - 88th Regular

Texas Senate Bill SB293 Compare Versions

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1	1	88R1938 SGM-D
2	2	By: Johnson S.B. No. 293
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to penalties for intimidation and harassment of election
8	8	officials and election interference; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 16, Election Code, is amended by adding
11	11	Chapter 280 to read as follows:
12	12	CHAPTER 280. INTIMIDATION OF ELECTION OFFICIALS AND ELECTION
13	13	INTERFERENCE
14	14	Sec. 280.0101. DEFINITIONS. In this chapter:
15	15	(1) "Election official" has the meaning assigned by
16	16	Section 1.005. The term also includes:
17	17	(A) a member of a local canvassing authority; or
18	18	(B) a county auditor or city secretary charged
19	19	with duties related to the administration of an election.
20	20	(2) "Family member" means an individual related to
21	21	another individual within the second degree of consanguinity or
22	22	affinity or an individual residing in the same household as another
23	23	individual.
24	24	(3) "Personal information" means personal identifying
25	25	information or sensitive personal information, as those terms are
26	26	defined by Section 521.002, Business & Commerce Code, or a person's
27	27	residence address in combination with a photograph or description
28	28	of and directions to the residence.
29	29	Sec. 280.0102. INTIMIDATION AND HARASSMENT OF ELECTION
30	30	OFFICIALS. (a) A person commits an offense if the person, on more
31	31	than one occasion and pursuant to the same scheme or course of
32	32	conduct that is directed specifically at an election official in
33	33	the performance of statutory or other official duties related to
34	34	the administration of an election or as a result of action taken or
35	35	a decision made in the course of that performance, knowingly
36	36	engages in conduct that:
37	37	(1) constitutes an offense under Section 42.07, Penal
38	38	Code, or the actor knows or reasonably should know the election
39	39	official will regard as threatening:
40	40	(A) bodily injury or death for the election
41	41	official;
42	42	(B) bodily injury or death for a family member of
43	43	the election official or for an individual with whom the election
44	44	official has a dating relationship; or
45	45	(C) that an offense will be committed against the
46	46	election official's property;
47	47	(2) causes the election official, a family member of
48	48	the election official, or an individual with whom the election
49	49	official has a dating relationship to be placed in fear of bodily
50	50	injury or death or in fear that an offense will be committed against
51	51	the election official's property, or to feel harassed, annoyed,
52	52	alarmed, abused, tormented, embarrassed, or offended; and
53	53	(3) would cause a reasonable person to:
54	54	(A) fear bodily injury or death for himself or
55	55	herself;
56	56	(B) fear bodily injury or death for a family
57	57	member of the person or for an individual with whom the person has a
58	58	dating relationship;
59	59	(C) fear that an offense will be committed
60	60	against the person's property; or
61	61	(D) feel harassed, annoyed, alarmed, abused,
62	62	tormented, embarrassed, or offended.
63	63	(b) A person commits an offense if the person directly or
64	64	indirectly uses or threatens force, coercion, violence, restraint,
65	65	damage, harm, or loss, including loss of employment or financial
66	66	reprisal, against another with the intent to influence an election
67	67	official in the performance of a duty related to the administration
68	68	of an election.
69	69	(c) An offense under this section is a felony of the third
70	70	degree, except that the offense is a felony of the second degree if
71	71	the actor has previously been convicted of an offense under this
72	72	section or a law that contains elements that are substantially
73	73	similar to the elements of an offense under this section or the laws
74	74	of another recognized United States jurisdiction.
75	75	Sec. 280.0103. ELECTION INTERFERENCE. A person commits an
76	76	offense if the person intentionally interferes with, hinders, or
77	77	prevents an election official from performing a statutory or other
78	78	official duty related to the administration of an election.
79	79	Sec. 280.0104. DISSEMINATION OF PERSONAL INFORMATION. (a)
80	80	A person commits an offense if the person, knowingly and without
81	81	consent, disseminates personal information about an election
82	82	official or a family member of an election official if:
83	83	(1) the dissemination poses an imminent and serious
84	84	threat to the election official's safety or the safety of a family
85	85	member of the election official; and
86	86	(2) the person disseminating the information knows or
87	87	reasonably should know of any imminent and serious threat.
88	88	(b) An offense under this section is a misdemeanor
89	89	punishable by:
90	90	(1) a fine of not more than $1,000;
91	91	(2) confinement in the county jail for not more than
92	92	six months; or
93	93	(3) both the fine and confinement.
94	94	Sec. 280.0105. OBSTRUCTING ACCESS OR EGRESS. A person
95	95	commits an offense if the person intentionally and physically
96	96	obstructs an election official's access to or egress from:
97	97	(1) a polling place;
98	98	(2) a meeting of a local canvassing authority;
99	99	(3) a place where election supplies are located; or
100	100	(4) any other place where an election official is
101	101	performing statutory or other official duties related to the
102	102	administration of an election.
103	103	Sec. 280.0106. CONSPIRACY. (a) A person commits a
104	104	conspiracy if, with intent:
105	105	(1) the person agrees with one or more persons that
106	106	they or one or more of them engage in conduct that would violate a
107	107	provision of this chapter; and
108	108	(2) the person or one or more of the persons with whom
109	109	the person has an agreement described by Subdivision (1) perform an
110	110	overt act in pursuance of the agreement.
111	111	(b) An agreement constituting a conspiracy may be inferred
112	112	from acts of the parties.
113	113	(c) It is no defense to prosecution for conspiracy that:
114	114	(1) one or more of the coconspirators are not
115	115	responsible for the violation of this chapter;
116	116	(2) one or more of the coconspirators have been
117	117	acquitted, so long as two or more coconspirators have not been
118	118	acquitted;
119	119	(3) one or more of the coconspirators have not been
120	120	prosecuted or convicted, have been convicted of a different
121	121	offense, or are immune from prosecution;
122	122	(4) the actor belongs to a class of persons that is
123	123	legally incapable of committing a violation of this chapter in an
124	124	individual capacity; or
125	125	(5) the violation of this chapter was actually
126	126	committed.
127	127	(d) An offense under this section is a state jail felony.
128	128	Sec. 280.0107. PENALTIES. Except as otherwise provided, an
129	129	offense under this chapter is a felony of the third degree.
130	130	SECTION 2. Section 552.117(a), Government Code, is amended
131	131	to read as follows:
132	132	(a) Information is excepted from the requirements of
133	133	Section 552.021 if it is information that relates to the home
134	134	address, home telephone number, emergency contact information, or
135	135	social security number of the following person or that reveals
136	136	whether the person has family members:
137	137	(1) a current or former official or employee of a
138	138	governmental body, except as otherwise provided by Section 552.024;
139	139	(2) a current or honorably retired peace officer as
140	140	defined by Article 2.12, Code of Criminal Procedure, or a current or
141	141	honorably retired security officer commissioned under Section
142	142	51.212, Education Code, regardless of whether the officer complies
143	143	with Section 552.024 or 552.1175, as applicable;
144	144	(3) a current or former employee of the Texas
145	145	Department of Criminal Justice or of the predecessor in function of
146	146	the department or any division of the department, regardless of
147	147	whether the current or former employee complies with Section
148	148	552.1175;
149	149	(4) a peace officer as defined by Article 2.12, Code of
150	150	Criminal Procedure, or other law, a reserve law enforcement
151	151	officer, a commissioned deputy game warden, or a corrections
152	152	officer in a municipal, county, or state penal institution in this
153	153	state who was killed in the line of duty, regardless of whether the
154	154	deceased complied with Section 552.024 or 552.1175;
155	155	(5) a commissioned security officer as defined by
156	156	Section 1702.002, Occupations Code, regardless of whether the
157	157	officer complies with Section 552.024 or 552.1175, as applicable;
158	158	(6) an officer or employee of a community supervision
159	159	and corrections department established under Chapter 76 who
160	160	performs a duty described by Section 76.004(b), regardless of
161	161	whether the officer or employee complies with Section 552.024 or
162	162	552.1175;
163	163	(7) a current or former employee of the office of the
164	164	attorney general who is or was assigned to a division of that office
165	165	the duties of which involve law enforcement, regardless of whether
166	166	the current or former employee complies with Section 552.024 or
167	167	552.1175;
168	168	(8) a current or former employee of the Texas Juvenile
169	169	Justice Department or of the predecessors in function of the
170	170	department, regardless of whether the current or former employee
171	171	complies with Section 552.024 or 552.1175;
172	172	(9) a current or former juvenile probation or
173	173	supervision officer certified by the Texas Juvenile Justice
174	174	Department, or the predecessors in function of the department,
175	175	under Title 12, Human Resources Code, regardless of whether the
176	176	current or former officer complies with Section 552.024 or
177	177	552.1175;
178	178	(10) a current or former employee of a juvenile
179	179	justice program or facility, as those terms are defined by Section
180	180	261.405, Family Code, regardless of whether the current or former
181	181	employee complies with Section 552.024 or 552.1175;
182	182	(11) a current or former member of the United States
183	183	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
184	184	service of one of those branches of the armed forces, or the Texas
185	185	military forces, as that term is defined by Section 437.001;
186	186	(12) a current or former district attorney, criminal
187	187	district attorney, or county or municipal attorney whose
188	188	jurisdiction includes any criminal law or child protective services
189	189	matters, regardless of whether the current or former attorney
190	190	complies with Section 552.024 or 552.1175;
191	191	(13) a current or former employee of a district
192	192	attorney, criminal district attorney, or county or municipal
193	193	attorney whose jurisdiction includes any criminal law or child
194	194	protective services matters, regardless of whether the current or
195	195	former employee complies with Section 552.024 or 552.1175;
196	196	(14) a current or former employee of the Texas Civil
197	197	Commitment Office or of the predecessor in function of the office or
198	198	a division of the office, regardless of whether the current or
199	199	former employee complies with Section 552.024 or 552.1175;
200	200	(15) a current or former federal judge or state judge,
201	201	as those terms are defined by Section 1.005, Election Code, a
202	202	federal bankruptcy judge, a marshal of the United States Marshals
203	203	Service, a United States attorney, or a family member of a current
204	204	or former federal judge, including a federal bankruptcy judge, a
205	205	marshal of the United States Marshals Service, a United States
206	206	attorney, or a state judge;
207	207	(16) a current or former child protective services
208	208	caseworker, adult protective services caseworker, or investigator
209	209	for the Department of Family and Protective Services, regardless of
210	210	whether the caseworker or investigator complies with Section
211	211	552.024 or 552.1175, or a current or former employee of a department
212	212	contractor performing child protective services caseworker, adult
213	213	protective services caseworker, or investigator functions for the
214	214	contractor on behalf of the department;
215	215	(17) an elected public officer, regardless of whether
216	216	the officer complies with Section 552.024 or 552.1175;
217	217	(18) a current or former United States attorney,
218	218	assistant United States attorney, federal public defender, deputy
219	219	federal public defender, or assistant federal public defender and
220	220	the spouse or child of the current or former attorney or public
221	221	defender, regardless of whether the person complies with Section
222	222	552.024 or 552.1175; [or]
223	223	(19) a firefighter or volunteer firefighter or
224	224	emergency medical services personnel as defined by Section 773.003,
225	225	Health and Safety Code, regardless of whether the firefighter or
226	226	volunteer firefighter or emergency medical services personnel
227	227	comply with Section 552.024 or 552.1175, as applicable; or
228	228	(20) a current election official, as defined by
229	229	Section 280.0101, Election Code.
230	230	SECTION 3. This Act takes effect September 1, 2023.