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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation, prosecution, and punishment of |
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criminal Medicaid fraud and certain other offenses related to |
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Medicaid fraud; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (4), Section 242.002, Health and |
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Safety Code, is amended to read as follows: |
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(4) "Department" means the [Texas] Department of Aging |
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and Disability [Human] Services. |
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SECTION 2. Subsections (a-1), (b), (d), (f), and (g), |
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Section 22.04, Penal Code, are amended to read as follows: |
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(a-1) A person commits an offense if the person is an owner, |
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operator, or employee of a group home, nursing facility, assisted |
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living facility, intermediate care facility for persons with mental |
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retardation, or other institutional care facility and the person |
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intentionally, knowingly, recklessly, or with criminal negligence |
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by omission causes to a child, elderly individual, or disabled |
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individual who is a resident of that group home or facility: |
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(1) serious bodily injury; |
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(2) serious mental deficiency, impairment, or injury; |
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or |
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(3) bodily injury[; or
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[(4) exploitation]. |
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(b) An omission that causes a condition described by |
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Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3)[, or (4)] is |
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conduct constituting an offense under this section if: |
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(1) the actor has a legal or statutory duty to act; or |
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(2) the actor has assumed care, custody, or control of |
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a child, elderly individual, or disabled individual. |
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(d) For purposes of an omission that causes a condition |
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described by Subsection (a)(1), (2), or (3), the actor has assumed |
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care, custody, or control if he has by act, words, or course of |
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conduct acted so as to cause a reasonable person to conclude that he |
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has accepted responsibility for protection, food, shelter, and |
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medical care for a child, elderly individual, or disabled |
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individual. For purposes of an omission that causes a condition |
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described by Subsection (a-1)(1), (2), or (3), [or (4),] the actor |
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acting during the actor's capacity as owner, operator, or employee |
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of a group home or facility described by Subsection (a-1) is |
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considered to have accepted responsibility for protection, food, |
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shelter, and medical care for the child, elderly individual, or |
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disabled individual who is a resident of the group home or facility. |
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(f) An offense under Subsection (a)(3) or (a-1)(3) [or (4)] |
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is a felony of the third degree when the conduct is committed |
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intentionally or knowingly. When the conduct is engaged in |
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recklessly, the offense is a state jail felony. |
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(g) An offense under Subsection (a) is a state jail felony |
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when the person acts with criminal negligence. An offense under |
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Subsection (a-1) is a state jail felony when the person, with |
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criminal negligence and by omission, causes a condition described |
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by Subsection (a-1)(1), (2), or (3)[, or (4)]. |
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SECTION 3. Subsection (d), Section 32.46, Penal Code, is |
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amended to read as follows: |
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(d) In this section: |
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(1) "Deception" [, "deception"] has the meaning |
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assigned by Section 31.01. |
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(2) "Document" includes electronically stored data or |
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other information that is retrievable in a readable, perceivable |
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form. |
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SECTION 4. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.53 to read as follows: |
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Sec. 32.53. EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR |
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DISABLED INDIVIDUAL. (a) In this section: |
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(1) "Child," "elderly individual," and "disabled |
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individual" have the meanings assigned by Section 22.04. |
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(2) "Exploitation" means the illegal or improper use |
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of an individual or of the resources of the individual for monetary |
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or personal benefit, profit, or gain. |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly causes the exploitation of a child, |
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elderly individual, or disabled individual. |
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(c) An offense under this section is a felony of the third |
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degree. |
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(d) A person who is subject to prosecution under both this |
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section and another section of this code may be prosecuted under |
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either or both sections. Section 3.04 does not apply to criminal |
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episodes prosecuted under both this section and another section of |
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this code. If a criminal episode is prosecuted under both this |
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section and another section of this code and sentences are assessed |
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for convictions under both sections, the sentences shall run |
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concurrently. |
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SECTION 5. Section 35A.01, Penal Code, is amended by adding |
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Subdivision (10) to read as follows: |
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(10) "High managerial agent" means a director, |
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officer, or employee who is authorized to act on behalf of a |
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provider and has duties of such responsibility that the conduct of |
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the director, officer, or employee reasonably may be assumed to |
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represent the policy or intent of the provider. |
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SECTION 6. Section 35A.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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another provision of law, the actor may be prosecuted under either |
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this section or the other section or provision or both this section |
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and the other section or provision. |
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(e) The punishment prescribed for an offense under this |
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section is increased to the punishment prescribed for the next |
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highest category of offense if it is shown beyond a reasonable doubt |
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on the trial of the offense that the actor was a provider or high |
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managerial agent at the time of the offense. |
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SECTION 7. Subsection (a), Section 71.02, Penal Code, is |
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amended to read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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he commits or conspires to commit one or more of the following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, [or] 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; or |
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(13) any offense under Section 37.10. |
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SECTION 8. Subdivision (4), Subsection (c), Section 22.04, |
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Penal Code, is repealed. |
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SECTION 9. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2009. |
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