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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
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Chapter 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
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Subchapter A. GENERAL PROVISIONS |
Sec. 841.002. DEFINITIONS
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In this chapter:
(1) "Attorney representing the state" means an attorney employed by the civil division of the special prosecution unit to initiate and pursue a civil commitment proceeding under this chapter.
(2) "Behavioral abnormality" means a congenital or acquired condition that, by affecting a person's emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person.
(3) "Case manager" means a person employed by or under contract with the office to perform duties related to outpatient treatment and supervision of a person committed under this chapter.
(3-a) "Civil commitment proceeding" means a trial or hearing conducted under Subchapter D, F, or G.
(4) "Office" means the Office of Violent Sex Offender Management.
(5) "Predatory act" means an act directed toward individuals, including family members, for the primary purpose of victimization.
(6) "Repeat sexually violent offender" has the meaning assigned by Section 841.003.
(7) "Secure correctional facility" means a county jail or a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice.
(7-a) "Sexually motivated conduct" means any conduct involving the intent to arouse or gratify the sexual desire of any person immediately before, during, or immediately after the commission of an offense.
(8) "Sexually violent offense" means:
(A) an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
(B) an offense under Section 20.04(a)(4), Penal Code, if the person committed the offense with the intent to violate or abuse the victim sexually;
(C) an offense under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the person committed the offense with the intent to commit an offense listed in Paragraph (A) or (B);
(D) an offense under Section 19.02 or 19.03, Penal Code, that, during the guilt or innocence phase or the punishment phase for the offense, during the adjudication or disposition of delinquent conduct constituting the offense, or subsequently during a civil commitment proceeding under Subchapter D, is determined beyond a reasonable doubt to have been based on sexually motivated conduct;
(E) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense listed in Paragraph (A), (B), (C), or (D);
(F) an offense under prior state law that contains elements substantially similar to the elements of an offense listed in Paragraph (A), (B), (C), (D), or (E); or
(G) an offense under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense listed in Paragraph (A), (B), (C), (D), or (E).
(9) "Sexually violent predator" has the meaning assigned by Section 841.003.
(10) "Tracking service" means an electronic monitoring service, global positioning satellite service, or other appropriate technological service that is designed to track a person's location.