Recent Changes to Texas Criminal Law Statutes
Fraud and Offenses Against Public Administration
The last legislative session resulted in changes to Section 32.51 of the Penal Code which addresses the fraudulent use of, or possession of, "identifying information". This legislation changed the definition of identifying information. Now, identifying information is just a social security number or other government-issued identification number without reference to the person's name. Date of birth, however, still requires it be used in combination with the person's name.
Medicare/Medicaid Fraud
The Legislature expanded the tools available to the Medicaid Fraud Control Unit of the Office of the Attorney General. For example, the statute of limitations for Medicaid fraud has been increased from three years to seven years. Also, Article 18.21 of the Code of Criminal Procedure was amended to include an investigator commissioned by the attorney general under Section 402.009 of the Government Code as an "authorized peace officer." This permits them to request pen registers, trap and trace devices, access to stored communications, and mobile trafficking devices. The Legislature also amended the Penal Code such that conduct that constitutes an offense under Medicaid Fraud, as well as an offense under another section of the Code can be prosecuted under both sections.
Another statute has changed the type of evidence needed in a Medicare and Medicaid fraud case. Previously, where a person or company fraudulently bills hundreds or thousands of recipients' accounts at small dollar amounts, the prosecution had to call each recipient to testify at trial to establish that no product or service was ever ordered, delivered, or received. New legislation
provides that in cases involving a continuing scheme of fraud, the prosecution is not required to provide direct evidence as to each recipient. Instead, it is now sufficient to prove lack of consent, or lack of effective consent, by either direct or circumstantial evidence.
Theft of Service - Wages
Changes have been made to cases involving theft of wages, where an employer fails to pay workers the promised wage. The Penal Code has been amended so that it is an offense if the employer fails to make "full payment" after the service has been rendered when a demand for payment has been made. More importantly, the law adds a completely new subsection providing that "(1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; and (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service." The penalty for theft of service ranges all the way from a Class C misdemeanor to a first degree felony, depending on the value of the service stolen.
Driving While Intoxicated
Starting September 1, 2011, the legislature created an "Extreme DWI Offense" for cases involving a test result of 0.15 or more. A first offense DWI is a Class B misdemeanor, punishable up to 6 months in jail. Now, the penalty has been increased if at the time an analysis is performed, the person's blood, breath, or urine showed an alcohol level of 0.15 or more. Another change in the law alters the information law enforcement must give a suspect before requesting that the person submit to the taking of a specimen. In cases where a warrant is obtained in order to get a blood specimen from the suspect for testing, the officer to inform the suspect of all the consequences of refusing a breath test, including that a warrant can be obtained if the suspect refuses. Specifically, the officer must inform the person that "if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person..."