Texas Health and Safety Code 841.103 – Hearing
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(a) At a hearing set by the judge under § 841.102, the person and the state are entitled to an immediate examination of the person by an expert.
(b) If the hearing is set under § 841.102(c)(1), hearsay evidence is admissible if it is considered otherwise reliable by the judge.
Terms Used In Texas Health and Safety Code 841.103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- 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
(c) If the hearing is set under § 841.102(c)(2), the committed person is entitled to be present and to have the benefit of all constitutional protections provided to the person at the initial civil commitment proceeding. On the request of the person or the attorney representing the state, the court shall conduct the hearing before a jury. The burden of proof at that hearing is on the state to prove beyond a reasonable doubt that the person’s behavioral abnormality has not changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence.