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.