88R1938 SGM-D

By: Johnson S.B. No. 293

A BILL TO BE ENTITLED

AN ACT

relating to penalties for intimidation and harassment of election officials and election interference; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 16, Election Code, is amended by adding Chapter 280 to read as follows:

CHAPTER 280. INTIMIDATION OF ELECTION OFFICIALS AND ELECTION

INTERFERENCE

Sec. 280.0101. DEFINITIONS. In this chapter:

(1) "Election official" has the meaning assigned by Section 1.005. The term also includes:

(A) a member of a local canvassing authority; or

(B) a county auditor or city secretary charged with duties related to the administration of an election.

(2) "Family member" means an individual related to another individual within the second degree of consanguinity or affinity or an individual residing in the same household as another individual.

(3) "Personal information" means personal identifying information or sensitive personal information, as those terms are defined by Section 521.002, Business & Commerce Code, or a person's residence address in combination with a photograph or description of and directions to the residence.

Sec. 280.0102. INTIMIDATION AND HARASSMENT OF ELECTION OFFICIALS. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at an election official in the performance of statutory or other official duties related to the administration of an election or as a result of action taken or a decision made in the course of that performance, knowingly engages in conduct that:

(1) constitutes an offense under Section 42.07, Penal Code, or the actor knows or reasonably should know the election official will regard as threatening:

(A) bodily injury or death for the election official;

(B) bodily injury or death for a family member of the election official or for an individual with whom the election official has a dating relationship; or

(C) that an offense will be committed against the election official's property;

(2) causes the election official, a family member of the election official, or an individual with whom the election official has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the election official's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and

(3) would cause a reasonable person to:

(A) fear bodily injury or death for himself or herself;

(B) fear bodily injury or death for a family member of the person or for an individual with whom the person has a dating relationship;

(C) fear that an offense will be committed against the person's property; or

(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

(b) A person commits an offense if the person directly or indirectly uses or threatens force, coercion, violence, restraint, damage, harm, or loss, including loss of employment or financial reprisal, against another with the intent to influence an election official in the performance of a duty related to the administration of an election.

(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or a law that contains elements that are substantially similar to the elements of an offense under this section or the laws of another recognized United States jurisdiction.

Sec. 280.0103. ELECTION INTERFERENCE. A person commits an offense if the person intentionally interferes with, hinders, or prevents an election official from performing a statutory or other official duty related to the administration of an election.

Sec. 280.0104. DISSEMINATION OF PERSONAL INFORMATION. (a) A person commits an offense if the person, knowingly and without consent, disseminates personal information about an election official or a family member of an election official if:

(1) the dissemination poses an imminent and serious threat to the election official's safety or the safety of a family member of the election official; and

(2) the person disseminating the information knows or reasonably should know of any imminent and serious threat.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than six months; or

(3) both the fine and confinement.

Sec. 280.0105. OBSTRUCTING ACCESS OR EGRESS. A person commits an offense if the person intentionally and physically obstructs an election official's access to or egress from:

(1) a polling place;

(2) a meeting of a local canvassing authority;

(3) a place where election supplies are located; or

(4) any other place where an election official is performing statutory or other official duties related to the administration of an election.

Sec. 280.0106. CONSPIRACY. (a) A person commits a conspiracy if, with intent:

(1) the person agrees with one or more persons that they or one or more of them engage in conduct that would violate a provision of this chapter; and

(2) the person or one or more of the persons with whom the person has an agreement described by Subdivision (1) perform an overt act in pursuance of the agreement.

(b) An agreement constituting a conspiracy may be inferred from acts of the parties.

(c) It is no defense to prosecution for conspiracy that:

(1) one or more of the coconspirators are not responsible for the violation of this chapter;

(2) one or more of the coconspirators have been acquitted, so long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators have not been prosecuted or convicted, have been convicted of a different offense, or are immune from prosecution;

(4) the actor belongs to a class of persons that is legally incapable of committing a violation of this chapter in an individual capacity; or

(5) the violation of this chapter was actually committed.

(d) An offense under this section is a state jail felony.

Sec. 280.0107. PENALTIES. Except as otherwise provided, an offense under this chapter is a felony of the third degree.

SECTION 2. Section 552.117(a), Government Code, is amended to read as follows:

(a) Information is excepted from the requirements of Section 552.021 if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:

(1) a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024;

(2) a current or honorably retired peace officer as defined by Article 2.12, Code of Criminal Procedure, or a current or honorably retired security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;

(3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;

(4) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section 552.024 or 552.1175;

(5) a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;

(6) an officer or employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Section 76.004(b), regardless of whether the officer or employee complies with Section 552.024 or 552.1175;

(7) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

(8) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

(9) a current or former juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code, regardless of whether the current or former officer complies with Section 552.024 or 552.1175;

(10) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

(11) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;

(12) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former attorney complies with Section 552.024 or 552.1175;

(13) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

(14) a current or former employee of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

(15) a current or former federal judge or state judge, as those terms are defined by Section 1.005, Election Code, a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a family member of a current or former federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge;

(16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services, regardless of whether the caseworker or investigator complies with Section 552.024 or 552.1175, or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;

(17) an elected public officer, regardless of whether the officer complies with Section 552.024 or 552.1175;

(18) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender and the spouse or child of the current or former attorney or public defender, regardless of whether the person complies with Section 552.024 or 552.1175; [or]

(19) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code, regardless of whether the firefighter or volunteer firefighter or emergency medical services personnel comply with Section 552.024 or 552.1175, as applicable; or

(20) a current election official, as defined by Section 280.0101, Election Code.

SECTION 3. This Act takes effect September 1, 2023.