SB2363 - Relating to the prosecution of the criminal offense of unlawfully publishing a vote.

      By: Creighton  S.B. No. 2363          (In the Senate - Filed March 12, 2025; March 25, 2025, read   first time and referred to Committee on State Affairs; May 5, 2025,   reported adversely, with favorable Committee Substitute by the   following vote:  Yeas 9, Nays 1; May 5, 2025, sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 2363 By:  Hall     A BILL TO BE ENTITLED   AN ACT     relating to the prosecution of the criminal offense of unlawfully   publishing a vote.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 61.006, Election Code, is amended to   read as follows:          Sec. 61.006.  UNLAWFULLY PUBLISHING [ DIVULGING ] VOTE.  (a)     In this section:                   (1)     "Effective consent" means consent by a person   legally authorized to act for the voter. Consent is not effective   if:                       (A)  induced by force, threat, or fraud;                       (B)     given by a person the actor knows is not   legally authorized to act for the voter;                       (C)     given by a person who by reason of youth,   mental disease or defect, or intoxication is known by the actor to   be unable to make reasonable decisions; or                       (D)     given solely to detect the commission of an   offense.                 (2)     "Publish" means to communicate information or make   information available to another person orally, in writing, or by   means of telecommunication or electronic communication.           (a-1)   A person commits an offense if the person   intentionally or  [ was in a polling place for any purpose other than   voting and ] knowingly publishes [ communicates to another person   information that the person obtained at the polling place about ]   how a voter has voted without the effective consent of the voter .          (b)  An offense under this section is a felony of the third   degree.          (c)   It is an affirmative defense to prosecution under this   section that the person published the voter's voting [ This section   does not apply to ] information pursuant to a state law that requires   the publication [ presented in an official investigation or other   official proceeding in which the information is relevant ].          SECTION 2.  The change in law made by this Act applies 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 3.  This Act takes effect September 1, 2025.     * * * * *