Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
Chapter 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
Subchapter A. GENERAL PROVISIONS |
Sec. 841.003. SEXUALLY VIOLENT PREDATOR
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(a) A person is a sexually violent predator for the purposes of this chapter if the person:
(1) is a repeat sexually violent offender; and
(2) suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.
(b) A person is a repeat sexually violent offender for the purposes of this chapter if the person is convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses or if:
(1) the person:
(A) is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;
(B) enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication;
(C) is adjudged not guilty by reason of insanity of a sexually violent offense; or
(D) is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Youth Commission under Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under Subdivision (1) the person is convicted, receives a grant of deferred adjudication, is adjudged not guilty by reason of insanity, or is adjudicated by a juvenile court as having engaged in delinquent conduct, the person commits a sexually violent offense for which the person:
(A) is convicted, but only if the sentence for the offense is imposed; or
(B) is adjudged not guilty by reason of insanity.