Texas Health and Safety Code 841.061 – Trial
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(a) The judge shall commence a trial to determine whether the person is a sexually violent predator:
(1) except as provided by § 841.063, not later than the 270th day after the date a petition is served on the person under § 841.041; and
(2) not later than the person’s sentence discharge date unless the judge determines that a delay is necessary in the due administration of justice.
(b) The person or the state is entitled to a jury trial on demand. A demand for a jury trial must be filed in writing not later than the 10th day before the date the trial is scheduled to begin.
Terms Used In Texas Health and Safety Code 841.061
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The person and the state are each entitled to an immediate clinical interview of the person by an expert. All components of the clinical interview must be completed not later than the 90th day before the date the trial begins.
(d) Additional rights of the person at the trial include the following:
(1) the right to appear at the trial;
(2) the right to waive the right to appear at the trial and appear through the person’s attorney;
(3) except as provided by Subsection (f), the right to present evidence on the person’s behalf;
(4) the right to cross-examine a witness who testifies against the person; and
(5) the right to view and copy all petitions and reports in the court file.
(e) The attorney representing the state may rely on the petition filed under § 841.041 and supplement the petition with documentary evidence or live testimony.
(f) A person who is on trial to determine the person’s status as a sexually violent predator is required to submit to all expert clinical interviews that are required or permitted of the state to prepare for the person’s trial. A person who fails to submit to a clinical interview on the state’s behalf as required by this subsection is subject to the following consequences:
(1) the person’s failure to participate may be used as evidence against the person at trial;
(2) the person may be prohibited from offering into evidence the results of a clinical interview performed on the person’s behalf; and
(3) the person may be subject to contempt proceedings if the person violates a court order by failing to submit to a clinical interview on the state’s behalf.
(g) A judge assigned to preside over a trial under this subchapter is not subject to an objection under § 74.053, Government Code, other than an objection made under § 74.053(d), Government Code.
(h) Notwithstanding any other provision in this subchapter, the person may appear at the trial through the use of remote technology, including teleconference and videoconference technology.