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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal conduct in connection with an election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 20, Code of Criminal Procedure, is |
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amended by adding Article 20.014 to read as follows: |
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Art. 20.014. RECORDING OF CERTAIN GRAND JURY PROCEEDINGS |
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INVOLVING CRIMINAL CONDUCT IN CONNECTION WITH AN ELECTION. (a) The |
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entire grand jury proceeding shall be recorded either by a |
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stenographer or by use of an electronic device capable of recording |
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sound if the person is suspected or accused of committing an offense |
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under the Election Code. |
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(b) A disclosure of a record made under Subsection (a) or a |
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disclosure of a typewritten transcription of that record shall be |
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made public if the grand jury finds no bill of indictment. |
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SECTION 2. Article 20.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Except as provided by Article 20.014, the [The] |
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proceedings of the grand jury shall be secret. |
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SECTION 3. Section 15.028, Election Code, is amended to |
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read as follows: |
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Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR. |
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[(a)] If the registrar determines that a person who is not a |
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registered voter voted in an election, the registrar shall execute |
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and deliver an affidavit stating the relevant facts to: |
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(1) the county or district attorney having |
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jurisdiction in the territory covered by the election; and |
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(2) [an affidavit stating the relevant facts.
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[(b)
If the election covers territory in more than one
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county, the registrar shall also deliver an affidavit to] the |
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attorney general. |
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SECTION 4. Section 273.001(a), Election Code, is amended to |
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read as follows: |
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(a) If two or more registered voters of the territory |
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covered by an election present affidavits alleging criminal conduct |
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in connection with the election to the county or district attorney |
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having jurisdiction in that territory or to the attorney general, |
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the [county or district] attorney receiving the affidavits shall |
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investigate the allegations. [If the election covers territory in
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more than one county, the voters may present the affidavits to the
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attorney general, and the attorney general shall investigate the
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allegations.] |
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SECTION 5. This Act applies only to a grand jury whose term |
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commences on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2015. |