Texas Health and Safety Code 841.002 – Definitions
Terms Used In Texas Health and Safety Code 841.002
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
In this chapter:
(1) “Attorney representing the state” means a district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction who represents the state in a 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 the 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 Texas Civil Commitment Office.
(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 § 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 § 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
(B) an offense under § 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 § 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the person entered the habitation with the intent to commit an offense listed in Paragraph (A) or (B) or committed or attempted to commit an offense listed in Paragraph (A) or (B);
(D) an offense under § 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 § 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.