Tex. Code Crim. Proc. art. 46C.253 · Subchapter F. DISPOSITION FOLLOWING ACQUITTAL BY REASON OF INSANITY: FINDING OF DANGEROUS CONDUCT
HEARING ON DISPOSITION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The hearing on disposition shall be conducted in the same manner as a hearing on an application for involuntary commitment under Subtitle C or D, Title 7, Health and Safety Code, except that the use of a jury is governed by Article 46C.255.
(b) At the hearing, the court shall address:
(1) whether the person acquitted by reason of insanity has a severe mental illness or an intellectual disability;
(2) whether as a result of any mental illness or intellectual disability the person is likely to cause serious harm to another; and
(3) whether appropriate treatment and supervision for any mental illness or intellectual disability rendering the person dangerous to another can be safely and effectively provided as outpatient or community-based treatment and supervision.
(c) The court shall order the acquitted person committed for inpatient treatment or residential care under Article 46C.256 if the grounds required for that order are established.
(d) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision under Article 46C.257 if the grounds required for that order are established.
(e) The court shall order the acquitted person transferred to an appropriate court for proceedings under Subtitle C or D, Title 7, Health and Safety Code, if the state fails to establish the grounds required for an order under Article 46C.256 or 46C.257 but the evidence provides a reasonable basis for believing the acquitted person is a proper subject for those proceedings.
(f) The court shall order the acquitted person discharged and immediately released if the evidence fails to establish that disposition under Subsection (c), (d), or (e) is appropriate.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 2.05, eff. September 1, 2023.
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 ef2f0060de9495ba99d1e7d31b206d388c13c662179b75a599cfffc169da8172
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46C.255TRIAL BY JURY.Printed as Article 46C.255
- Tex. Code Crim. Proc. art. 46C.256ORDER OF COMMITMENT TO INPATIENT TREATMENT OR RESIDENTIAL CARE.Printed as Article 46C.256 | Article 46C.256 or 46C.257
- Tex. Code Crim. Proc. art. 46C.257ORDER TO RECEIVE OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.Printed as Article 46C.256 or 46C.257 | Article 46C.257
Cited by 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46C.253. Each shows the citation as that text prints it.
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