Tex. Code Crim. Proc. art. 46C.255 · Subchapter F. DISPOSITION FOLLOWING ACQUITTAL BY REASON OF INSANITY: FINDING OF DANGEROUS CONDUCT
TRIAL BY JURY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The following proceedings under this chapter must be before the court, and the underlying matter determined by the court, unless the acquitted person or the state requests a jury trial or the court on its own motion sets the matter for jury trial:
(1) a hearing under Article 46C.253;
(2) a proceeding for renewal of an order under Article 46C.261;
(3) a proceeding on a request for modification or revocation of an order under Article 46C.266; and
(4) a proceeding seeking discharge of an acquitted person under Article 46C.268.
(b) The following proceedings may not be held before a jury:
(1) a proceeding to determine outpatient or community-based treatment and supervision under Article 46C.262; or
(2) a proceeding to determine modification or revocation of outpatient or community-based treatment and supervision under Article 46C.267.
(c) If a hearing is held before a jury and the jury determines that the person has a mental illness or an intellectual disability and is likely to cause serious harm to another, the court shall determine whether inpatient treatment or residential care is necessary to protect the safety of others.
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. 2.06, 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 91a242fe4e021cc5f067d9d732498694bc071e53513236a0fe2337c00397a014
- 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.253HEARING ON DISPOSITION.Printed as Article 46C.253
- Tex. Code Crim. Proc. art. 46C.261RENEWAL OF ORDERS FOR INPATIENT COMMITMENT OR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.Printed as Article 46C.261
- Tex. Code Crim. Proc. art. 46C.262COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION AFTER INPATIENT COMMITMENT.Printed as Article 46C.262
- Tex. Code Crim. Proc. art. 46C.266MODIFICATION OR REVOCATION OF ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.Printed as Article 46C.266
- Tex. Code Crim. Proc. art. 46C.267DETENTION PENDING PROCEEDINGS TO MODIFY OR REVOKE ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.Printed as Article 46C.267
- Tex. Code Crim. Proc. art. 46C.268ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.Printed as Article 46C.268
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46C.255. Each shows the citation as that text prints it.
Code of Criminal Procedure
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.