| 1 | 1 | | 86R8306 JG-D |
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| 2 | 2 | | By: Zedler H.B. No. 1274 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the criminal penalties for the unwarranted |
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| 8 | 8 | | commitment of a person to a mental health facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 571.020(c), (d), (e), and (f), Health |
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| 11 | 11 | | and Safety Code, are amended to read as follows: |
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| 12 | 12 | | (c) An individual who commits an offense under this section |
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| 13 | 13 | | is subject on conviction to: |
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| 14 | 14 | | (1) a fine of not less than $100,000 [$50] or more than |
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| 15 | 15 | | $250,000 [$25,000] for each violation and each day of a continuing |
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| 16 | 16 | | violation; |
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| 17 | 17 | | (2) confinement in jail for not more than two years for |
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| 18 | 18 | | each violation and each day of a continuing violation; or |
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| 19 | 19 | | (3) both fine and confinement. |
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| 20 | 20 | | (d) A person other than an individual who commits an offense |
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| 21 | 21 | | under this section is subject on conviction to a fine of not less |
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| 22 | 22 | | than $100,000 [$500] or more than $250,000 [$100,000] for each |
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| 23 | 23 | | violation and each day of a continuing violation. |
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| 24 | 24 | | (e) If it is shown on the trial of an individual that the |
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| 25 | 25 | | individual has previously been convicted of an offense under this |
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| 26 | 26 | | section, the offense is punishable by: |
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| 27 | 27 | | (1) a fine of not less than $250,000 [$100] or more |
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| 28 | 28 | | than $500,000 [$50,000] for each violation and each day of a |
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| 29 | 29 | | continuing violation; |
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| 30 | 30 | | (2) confinement in jail for not more than four years |
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| 31 | 31 | | for each violation and each day of a continuing violation; or |
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| 32 | 32 | | (3) both fine and confinement. |
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| 33 | 33 | | (f) If it is shown on the trial of a person other than an |
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| 34 | 34 | | individual that the person previously has been convicted of an |
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| 35 | 35 | | offense under this section, the offense is punishable by a fine of |
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| 36 | 36 | | not less than $250,000 [$1,000] or more than $500,000 [$200,000] |
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| 37 | 37 | | for each violation and each day of a continuing violation. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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| 39 | 39 | | an offense committed on or after the effective date of this Act. An |
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| 40 | 40 | | offense committed before the effective date of this Act is governed |
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| 41 | 41 | | by the law in effect on the date the offense was committed, and the |
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| 42 | 42 | | former law is continued in effect for that purpose. For purposes of |
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| 43 | 43 | | this section, an offense was committed before the effective date of |
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| 44 | 44 | | this Act if any element of the offense occurred before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2019. |
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