Texas Code of Criminal Procedure 42.0193 – Finding Regarding Offense Related to Conduct of Certain Corrections Employees
(a) In the trial of an offense described by § 810.004, Government Code, 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 the defendant is:
(1) a member of the employee class described by § 810.004(b)(1), Government Code, while a member of the Employees Retirement System of Texas because the person serves as a corrections officer for the Texas Department of Criminal Justice or the Texas Juvenile Justice Department; or
(2) otherwise eligible for membership in a public retirement system wholly or partly because the person served as a corrections officer for the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
(b) A judge who makes the affirmative finding described by this article shall make the determination and provide the notice required by § 810.004(j), Government Code.
Terms Used In Texas Code of Criminal Procedure 42.0193
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.