(a) A person is a sexually violent predator for the purposes of this chapter if the person:
- (1) is a repeat sexually violent offender; and
- (2) suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.
(b) A person is a repeat sexually violent offender for the purposes of this chapter if the person is convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses or if:
(1) the person:
- (A) is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;
- (B) enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication;
- (C) is adjudged not guilty by reason of insanity of a sexually violent offense; or
- (D) is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Juvenile Justice Department under Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under Subdivision (1) the person is convicted, receives a grant of deferred adjudication, is adjudged not guilty by reason of insanity, or is adjudicated by a juvenile court as having engaged in delinquent conduct, the person commits a sexually violent offense for which the person:
- (A) is convicted, but only if the sentence for the offense is imposed; or
- (B) is adjudged not guilty by reason of insanity.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 9, eff. December 1, 2013.