BILL ANALYSIS
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The appropriate venue for crimes involving insurance fraud is often not clear because of the multiple counties in which various elements of the crime are committed. As a result, prosecutors are required to apply venue rules that are not appropriate for the prosecution of crimes involving insurance fraud.
C.S.H.B. 1245 would create a specific venue statute for crimes involving insurance fraud. Also, C.S.H.B. 1245 will clarify the rules and allow prosecutors more certainty and options to prosecute crimes involving insurance fraud. C.S.H.B. 1245 would provide the Texas Department of Insurance with more clarity in determining where to refer crimes involving insurance fraud investigated by the Texas Department of Insurance, Fraud Unit.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1 amends Chapter 13, Code of Criminal Procedure by adding Article 13.33 which discusses Insurance Fraud. Article. 13.33, Code of Criminal Procedure, would provide that an offense under Chapter 35, Penal Code, may be prosecuted in the county where the offense was committed, any county in which the defendant had control or possession of any proceeds of the offense or control or possession of any document, record, or property used in furtherance of the offense, or any county in which the defendant made any statement in furtherance of the offense, or the county in which a prosecution may be brought under Section 85.051, Insurance Code, if applicable.
SECTION 2 states that 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 covered by the law in effect when 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 was committed before that date.
SECTION 3 states that this Act takes effect September 1, 2007.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 1245 differs from the original house bill in several ways. First, the substitute deletes the phrases " the county of the insurer’s principle place of business in this state or an adjoining county in this state" and "the county in which the defendant resides,” as found in the original house bill in SECTION 1, Article 13.33, Chapter 13, Code of Criminal Procedure. C.S.H.B. 1245 then simply adds "the county where the offense was committed" to original house bill in SECTION 1 Article 13.33, Chapter 13, Code of Criminal Procedure. Thus, the article is renumbered in the substitute accordingly.