Goodwin Election Bill Makes Hindering A Poll Worker A Felony

The text as introduced · 1,891 words

By: Goodwin
H.B. No. 4274

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 one or

more occasions and pursuant to the 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, 2024.