| 1 | 1 | | By: DeAyala H.B. No. 910 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the venue for the prosecution of an election offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 13.41 to read as follows: |
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| 12 | 12 | | Art. 13.41. ELECTION OFFENSES. (a) An offense classified |
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| 13 | 13 | | as a felony under the Election Code, or a felony offense otherwise |
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| 14 | 14 | | related to an election conducted in this state, may be prosecuted in |
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| 15 | 15 | | a judicial district adjoining the judicial district in which the |
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| 16 | 16 | | offense occurred. |
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| 17 | 17 | | (b) An offense classified as a misdemeanor under the |
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| 18 | 18 | | Election Code, or a misdemeanor offense otherwise related to an |
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| 19 | 19 | | election conducted in this state, may be prosecuted in a county |
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| 20 | 20 | | adjoining the county in which the offense occurred. |
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| 21 | 21 | | (c) A county has exclusive jurisdiction over offenses |
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| 22 | 22 | | within its jurisdiction until 90 days after the Governor's |
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| 23 | 23 | | certification of election under Section 67.016, Election Code for |
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| 24 | 24 | | the election during which the offense occurred. |
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| 25 | 25 | | (d) If an offense did not occur during an election, the |
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| 26 | 26 | | county where an offense took place has exclusive jurisdiction over |
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| 27 | 27 | | offenses within its jurisdiction for 90 days after the offense is |
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| 28 | 28 | | discovered. |
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| 29 | 29 | | (e) If a prosecution under this section would be foreclosed |
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| 30 | 30 | | under Section 12.02, Code of Criminal Procedure, a prosecution may |
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| 31 | 31 | | be brought earlier than provided in subsections (c) and (d). |
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| 32 | 32 | | SECTION 2. The changes in law made by this Act apply only to |
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| 33 | 33 | | a violation of law that occurs on or after the effective date of |
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| 34 | 34 | | this Act. A violation that occurs before the effective date of this |
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| 35 | 35 | | Act is governed by the law in effect on the date the violation |
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| 36 | 36 | | occurred, and the former law is continued in effect for that |
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| 37 | 37 | | purpose. For purposes of this section, a violation of law occurred |
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| 38 | 38 | | before the effective date of this Act if any element of the |
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| 39 | 39 | | violation occurred before that date. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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