Tex. Code Crim. Proc. art. 46C.153 · Subchapter D. DETERMINATION OF ISSUE OF DEFENDANT'S SANITY
GENERAL PROVISIONS RELATING TO DETERMINATION OF SANITY ISSUE BY JUDGE OR JURY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The judge or jury shall determine that a defendant is not guilty by reason of insanity if:
(1) the prosecution has established beyond a reasonable doubt that the alleged conduct constituting the offense was committed; and
(2) the defense has established by a preponderance of the evidence that the defendant was insane at the time of the alleged conduct.
(b) The parties may, with the consent of the judge, agree to both:
(1) dismissal of the indictment or information on the ground that the defendant was insane; and
(2) entry of a judgment of dismissal due to the defendant's insanity.
(c) An entry of judgment under Subsection (b)(2) has the same effect as a judgment stating that the defendant has been found not guilty by reason of insanity.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46C.htm
- Text hash
- sha256 a65ca2ede6bfcdbadc8c005ccd4be8e67695d249080fec2f0ab32abde0c3738e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.