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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the penalties for certain criminal offenses |
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involving an election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64.036(d), Election Code, is amended to |
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read as follows: |
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(d) An offense under this section is a felony of the third |
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degree [Class A misdemeanor]. |
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SECTION 2. Section 86.006(g), Election Code, is amended to |
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read as follows: |
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(g) An offense under Subsection (f) is: |
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(1) a Class A [B] misdemeanor if the person possesses |
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or has possessed at least one but fewer than three [10] ballots or |
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carrier envelopes during an election cycle unless the person |
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possesses or has possessed the ballots or carrier envelopes without |
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the consent of the voters, in which event the offense is a [state
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jail] felony of the third degree; or |
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(2) a felony of the third degree [Class A misdemeanor] |
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if the person possesses or has possessed three or more [at least 10
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but fewer than 20] ballots or carrier envelopes during an election |
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cycle unless the person possesses or has possessed the ballots or |
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carrier envelopes without the consent of the voters, in which event |
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the offense is a felony of the second [third] degree[; or
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[(3) a state jail felony if the person possesses 20 or
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more ballots or carrier envelopes unless the person possesses the
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ballots or carrier envelopes without the consent of the voters, in
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which event the offense is a felony of the second degree]. |
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SECTION 3. Section 86.010(g), Election Code, is amended to |
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read as follows: |
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(g) An offense under this section is a felony of the third |
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degree [Class A misdemeanor] unless the person is convicted of an |
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offense under Section 64.036 for providing unlawful assistance to |
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the same voter, in which event the offense is a [state jail] felony |
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of the second degree. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2007. |