Bill Text: TX HB1274 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to increasing the criminal penalties for the unwarranted commitment of a person to a mental health facility.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-02-27 - Referred to Public Health [HB1274 Detail]

Download: Texas-2019-HB1274-Introduced.html
  86R8306 JG-D
 
  By: Zedler H.B. No. 1274
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalties for the unwarranted
  commitment of a person to a mental health facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 571.020(c), (d), (e), and (f), Health
  and Safety Code, are amended to read as follows:
         (c)  An individual who commits an offense under this section
  is subject on conviction to:
               (1)  a fine of not less than $100,000 [$50] or more than
  $250,000 [$25,000] for each violation and each day of a continuing
  violation;
               (2)  confinement in jail for not more than two years for
  each violation and each day of a continuing violation; or
               (3)  both fine and confinement.
         (d)  A person other than an individual who commits an offense
  under this section is subject on conviction to a fine of not less
  than $100,000 [$500] or more than $250,000 [$100,000] for each
  violation and each day of a continuing violation.
         (e)  If it is shown on the trial of an individual that the
  individual has previously been convicted of an offense under this
  section, the offense is punishable by:
               (1)  a fine of not less than $250,000 [$100] or more
  than $500,000 [$50,000] for each violation and each day of a
  continuing violation;
               (2)  confinement in jail for not more than four years
  for each violation and each day of a continuing violation; or
               (3)  both fine and confinement.
         (f)  If it is shown on the trial of a person other than an
  individual that the person previously has been convicted of an
  offense under this section, the offense is punishable by a fine of
  not less than $250,000 [$1,000] or more than $500,000 [$200,000]
  for each violation and each day of a continuing violation.
         SECTION 2.  The changes in law made by this Act apply 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, 2019.
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