Bill Text: TX HB4133 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to investigation and prosecution of certain election offenses; creating a criminal offense; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB4133 Detail]
Download: Texas-2017-HB4133-Comm_Sub.html
85R27971 GRM-F | |||
By: Fallon | H.B. No. 4133 | ||
Substitute the following for H.B. No. 4133: | |||
By: Laubenberg | C.S.H.B. No. 4133 |
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relating to investigation and prosecution of certain election | ||
offenses; creating a criminal offense; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.013, Election Code, is amended to read | ||
as follows: | ||
Sec. 1.013. DESTRUCTION OF RECORDS. (a) After expiration of | ||
the prescribed period for preserving voted ballots, election | ||
returns, other election records, or other records that are | ||
preserved under this code, the records may be destroyed or | ||
otherwise disposed of unless, at the expiration of the preservation | ||
period, an election contest or a criminal investigation or | ||
proceeding in connection with an election to which the records | ||
pertain is pending. In that case, the records shall be preserved | ||
until the contest, investigation, or proceeding is completed and | ||
the judgment, if any, becomes final. If a preservation request has | ||
been issued by a law enforcement agency, the custodian of records | ||
may not destroy the records before receiving written permission | ||
from that law enforcement agency. | ||
(b) A person commits an offense if a person intentionally | ||
destroys or causes the destruction of election records required to | ||
be preserved under Subsection (a). | ||
(c) Except as provided by Subsection (d), an offense under | ||
Subsection (b) is a Class B misdemeanor. | ||
(d) An offense under Subsection (b) in which a person | ||
destroys or causes destruction of records subject to a preservation | ||
request from a law enforcement agency is a state jail felony. | ||
SECTION 2. Section 1.018, Election Code, is amended to read | ||
as follows: | ||
Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4 | ||
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SECTION 3. The heading to Section 13.007, Election Code, is | ||
amended to read as follows: | ||
Sec. 13.007. FALSE STATEMENT ON REGISTRATION APPLICATION. | ||
SECTION 4. Sections 13.007(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
makes a false statement or requests, commands, or attempts to | ||
induce another person to make a false statement or causes a false | ||
statement to be made on a registration application. | ||
(b) An offense under this section is a state jail felony | ||
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SECTION 5. Subchapter A, Chapter 13, Election Code, is | ||
amended by adding Section 13.009 to read as follows: | ||
Sec. 13.009. MISUSE OF VOTER REGISTRATION INFORMATION. (a) | ||
A person commits an offense if the person copies or otherwise | ||
records voter information obtained from a registration | ||
application, including two or more of the following pieces of | ||
information belonging to a voter: | ||
(1) an address; | ||
(2) a phone number; | ||
(3) a date of birth; or | ||
(4) any part of a: | ||
(A) social security number; or | ||
(B) driver's license number. | ||
(b) A person commits an offense if the person knowingly | ||
possesses, sells, offers to sell, buys, or offers to buy voter | ||
information copied from an application described by Subsection (a). | ||
(c) This section does not apply to an employee of a | ||
registrar or other governmental agency who copies, records, or | ||
possesses the information for official administrative or law | ||
enforcement purposes. | ||
(d) An offense under this section is a state jail felony. | ||
SECTION 6. Section 15.028(a), Election Code, is amended to | ||
read as follows: | ||
(a) If the registrar determines that a person who is not an | ||
eligible [ |
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that voter registration fraud or voting fraud may have occurred in | ||
an election, the registrar shall execute and deliver to the | ||
attorney general, the secretary of state, and the county or | ||
district attorney having jurisdiction in the territory covered by | ||
the election an affidavit stating the relevant facts. Unless | ||
otherwise instructed by the attorney general and the county or | ||
district attorney, the registrar shall preserve any election | ||
records applicable to the offense for at least six months after the | ||
date required by Section 66.058. | ||
SECTION 7. Section 18.068(a), Election Code, is amended to | ||
read as follows: | ||
(a) The secretary of state shall quarterly compare the | ||
information received under Section 16.001 of this code and Section | ||
62.113, Government Code, to the statewide computerized voter | ||
registration list. If the secretary determines that a voter on the | ||
registration list is deceased or has been excused or disqualified | ||
from jury service because the voter is not a citizen, the secretary | ||
shall send notice of the determination to the voter registrar of the | ||
counties considered appropriate by the secretary and to the | ||
attorney general. | ||
SECTION 8. Section 64.012, Election Code, is amended to | ||
read as follows: | ||
Sec. 64.012. ILLEGAL VOTING. (a) A person commits an | ||
offense if the person: | ||
(1) votes or attempts to vote in an election in which | ||
the person knows the person is not eligible to vote; | ||
(2) knowingly votes or attempts to vote more than once | ||
in an election; | ||
(3) knowingly [ |
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or attempts to vote a ballot belonging to another person, or by | ||
impersonating another [ |
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(4) knowingly marks or attempts to mark another | ||
person's ballot without the consent of that person, or without | ||
specific direction from that person how to mark the ballot. | ||
(b) An offense under this section is a felony of the third | ||
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that case, the offense is a state jail felony. | ||
(c) It is sufficient for the purposes of Subsection (a)(1) | ||
to establish that the person had knowledge of the person's | ||
ineligibility to vote if the person was aware of the facts or | ||
circumstances causing the person's ineligibility under this code. | ||
(d) It is not a defense to prosecution that the ballot was | ||
not finally counted. | ||
(e) An offense under this section is increased to the next | ||
higher category of offense if it is shown on the trial of an offense | ||
under this section that: | ||
(1) the defendant was previously convicted of an | ||
offense under this code; | ||
(2) if the defendant is being charged as a party to the | ||
offense, the offense involves a voter 65 years of age or older; or | ||
(3) the defendant committed another offense under this | ||
section in the same election. | ||
SECTION 9. Section 66.058(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as otherwise provided by this code, the precinct | ||
election records shall be preserved by the authority to whom they | ||
are distributed: | ||
(1) in an election involving a federal office, for at | ||
least 22 months after election day in accordance with federal law; | ||
or | ||
(2) in an election not involving a federal office, for | ||
at least 12 [ |
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SECTION 10. Section 162.014(b), Election Code, is amended | ||
to read as follows: | ||
(b) An offense under this section is a Class A [ |
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misdemeanor. | ||
SECTION 11. Section 231.008, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The clerk shall deliver a copy of the judgment and any | ||
findings of fact or conclusions of law to the attorney general, and | ||
upon request from the attorney general, shall deliver copies of any | ||
portion of the record for use in a criminal investigation. | ||
SECTION 12. Section 273.001(e), Election Code, is amended | ||
to read as follows: | ||
(e) Not later than the 30th day after the date on which a | ||
peace officer or county or district attorney receives a complaint | ||
of an offense under this code punishable as a Class B misdemeanor or | ||
higher [ |
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county or district attorney shall deliver notice of the complaint | ||
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The notice must include a copy of the complaint, a statement on | ||
whether [ |
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date on which the election that is the subject of the complaint | ||
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information relating to a criminal investigation received under | ||
this subsection only if the county or district attorney or the | ||
attorney general has disclosed the information or would be required | ||
by law to disclose the information. | ||
SECTION 13. Subchapter B, Chapter 273, Election Code, is | ||
amended by adding Section 273.025 to read as follows: | ||
Sec. 273.025. LIMITATIONS. An indictment or information | ||
for an offense under this code must be presented not later than five | ||
years after the date of the commission of the offense. | ||
SECTION 14. Chapter 276, Election Code, is amended by | ||
adding Sections 276.002 and 276.011 to read as follows: | ||
Sec. 276.002. OBSTRUCTION OF ELECTION INVESTIGATION OR | ||
PROCEEDING. (a) A person commits an offense if the person, with | ||
intent to influence a witness or prospective witness in an | ||
investigation or proceeding brought under this code: | ||
(1) offers a benefit to, intimidates, harms, or | ||
threatens to harm a witness or prospective witness; | ||
(2) instructs or encourages a witness or prospective | ||
witness to give a false statement or testimony or withhold or make | ||
unavailable any testimony, information, or evidence; or | ||
(3) instructs or encourages a witness or prospective | ||
witness: | ||
(A) to elude legal process summoning the witness | ||
to testify or supply evidence; or | ||
(B) to be absent from a legal proceeding to which | ||
the witness has been legally summoned. | ||
(b) An offense under this section is a felony of the second | ||
degree. | ||
Sec. 276.011. ELECTION FRAUD. (a) A person commits an | ||
offense if the person knowingly or intentionally makes any effort | ||
to: | ||
(1) influence the independent exercise of the vote of | ||
another in the presence of the ballot or during the voting process; | ||
(2) cause a voter registration application, ballot, or | ||
vote to be obtained or cast under false pretenses; | ||
(3) cause any false or intentionally misleading | ||
statement, representation, or information to be provided: | ||
(A) to an election official; or | ||
(B) on an election-related: | ||
(i) form; | ||
(ii) petition; | ||
(iii) statement; | ||
(iv) oath; | ||
(v) affirmation; or | ||
(vi) official document; or | ||
(4) subvert the election process in order to obtain a | ||
benefit or to benefit another person, candidate, or political | ||
party. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
(c) An offense under this section is increased to the next | ||
higher category of offense if it is shown on the trial of the | ||
offense that: | ||
(1) the defendant was previously convicted of an | ||
offense under this code; | ||
(2) the offense involved a voter 65 years of age or | ||
older; or | ||
(3) the defendant committed another offense under this | ||
section in the same election. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 15. Sections 13.007(c) and 15.028(b), Election | ||
Code, are repealed. | ||
SECTION 16. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 17. This Act takes effect September 1, 2017. |