Rule Text
A felony offense committed by a person civilly committed under Chapter 841, Health and Safety Code, may be prosecuted in:
(1) any county in which an element of the offense occurs; or
(2) the court that retains jurisdiction over the civil commitment proceeding under Section 841.082, Health and Safety Code.
Amendment history: Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.011(a), eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 8, eff. September 1, 2025.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If someone has been civilly committed as a sexually violent predator and then commits a felony, prosecutors have more than one option for where to file charges. They can bring the case in the county where the crime actually happened, just like with any other felony.
But there's a second option too. Prosecutors can also file the case in the same court that's handling the person's ongoing civil commitment case. This is the court that oversees the person's supervision and treatment requirements under their commitment order.
This rule exists because these cases often involve special monitoring and legal oversight that's already happening in one specific court. Letting prosecutors choose that court, instead of forcing them to file only where the crime occurred, can make it easier to coordinate the criminal case with the person's existing commitment requirements.