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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for the unwarranted |
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commitment of a person to a mental health facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 571.020(c), (d), (e), and (f), Health |
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and Safety Code, are amended to read as follows: |
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(c) An individual who commits an offense under this section |
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is subject on conviction to: |
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(1) a fine of not less than $100,000 [$50] or more than |
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$250,000 [$25,000] for each violation and each day of a continuing |
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violation; |
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(2) confinement in jail for not more than two years for |
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each violation and each day of a continuing violation; or |
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(3) both fine and confinement. |
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(d) A person other than an individual who commits an offense |
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under this section is subject on conviction to a fine of not less |
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than $100,000 [$500] or more than $250,000 [$100,000] for each |
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violation and each day of a continuing violation. |
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(e) If it is shown on the trial of an individual that the |
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individual has previously been convicted of an offense under this |
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section, the offense is punishable by: |
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(1) a fine of not less than $250,000 [$100] or more |
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than $500,000 [$50,000] for each violation and each day of a |
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continuing violation; |
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(2) confinement in jail for not more than four years |
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for each violation and each day of a continuing violation; or |
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(3) both fine and confinement. |
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(f) If it is shown on the trial of a person other than an |
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individual that the person previously has been convicted of an |
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offense under this section, the offense is punishable by a fine of |
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not less than $250,000 [$1,000] or more than $500,000 [$200,000] |
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for each violation and each day of a continuing violation. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date 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 3. This Act takes effect September 1, 2019. |