Texas Senate Bill SB1680

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Out of Senate Committee: 4/12/11
• Voted on by Senate: 4/14/11
• Refer: 3/23/11
• Out of House Committee: 5/5/11
• Report Pass: 4/12/11
• Voted on by House: 5/7/11
• Engrossed: 4/14/11
• Governor Action: 5/20/11
• Refer: 4/26/11
• Report Pass: 5/5/11
• Enrolled: 5/9/11
• Passed: 5/20/11

Caption

Relating to certain evidence in a prosecution of fraud or theft involving Medicaid or Medicare benefits and to certain criminal procedures involving offenses in general.

Impact

The implementation of SB1680 would notably alter current legal practices by reducing the burden of proof on the state in fraud cases involving a large number of victims. This change could expedite legal proceedings by allowing for a broader interpretation of evidence sufficiency, thereby enabling more cases to be prosecuted effectively. The bill also enhances the role of depositions, allowing video depositions of Medicaid or Medicare recipients or caregivers to be admissible, with specific regulations to manage their use in court.

Summary

Senate Bill 1680 aims to amend the Code of Criminal Procedure in Texas specifically regarding the evidence admissible in prosecutions related to Medicaid and Medicare fraud or theft. The bill introduces Article 38.46, which states that during trials that involve a continuing scheme of fraud or theft against numerous Medicaid or Medicare recipients, the prosecution does not need to prove each recipient's lack of consent with direct evidence. Instead, they can establish this through circumstantial evidence, streamlining the prosecution process significantly in complex fraud cases.

Conclusion

Overall, SB1680 reflects a significant shift in the prosecutorial approach to Medicaid and Medicare fraud in Texas, aiming to simplify court proceedings around complex cases. However, the balance between efficient prosecution and the protection of defendants' rights will be critical as the bill moves through the legislative process.

Contention

While there may be benefits to these changes, there could be notable points of contention. Critics of the bill may argue that the proposed shifts in evidentiary requirements could lead to wrongful prosecutions or biases against defendants by shifting too much burden onto them in such fraud cases. Concerns may also arise regarding the rights of Medicaid and Medicare recipients in the legal process, primarily focusing on how their testimonies are managed and the implications of using video depositions instead of live testimony.