Texas Code of Criminal Procedure 42.0175 – Finding Regarding Certain Health Care Professionals; Notification
(a) In this article, “health care professional,” “license,” and “licensing authority” have the meanings assigned by § 108.051, Occupations Code.
(b) In the trial of an offense, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that at the time of the offense the defendant held a license as a health care professional and the offense is:
(1) an offense for which the defendant is required to register as a sex offender under Chapter 62;
(2) a felony offense and the defendant used force or threat of force in the commission of the offense; or
(3) an offense under § 22.011, 22.02, 22.021, or 22.04, Penal Code, and:
(A) the victim of the offense was a patient of the defendant; and
(B) the offense was committed in the course of providing services within the scope of the defendant’s license.
Terms Used In Texas Code of Criminal Procedure 42.0175
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Not later than the fifth day after the date the defendant is convicted or granted deferred adjudication on the basis of an offense described by Subsection (b)(1), (2), or (3), the clerk of the court in which the conviction or deferred adjudication is entered shall provide written notice of the conviction or deferred adjudication, including the offense on which the conviction or deferred adjudication was based, to:
(1) the licensing authority that issued the defendant’s license as a health care professional; and
(2) the Department of Public Safety.