Tex. Code Crim. Proc. art. 46C.268 · Subchapter F. DISPOSITION FOLLOWING ACQUITTAL BY REASON OF INSANITY: FINDING OF DANGEROUS CONDUCT
ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An acquitted person, the head of the facility to which the acquitted person is committed, the person responsible for providing the outpatient or community-based treatment and supervision, or the state may request that the court discharge an acquitted person from inpatient commitment or outpatient or community-based treatment and supervision.
(b) Not later than the 14th day after the date of the request, the court shall hold a hearing on a request made by the head of the facility to which the acquitted person is committed or the person responsible for providing the outpatient or community-based treatment and supervision.
(c) If a request is made by an acquitted person, the court must act on the request not later than the 14th day after the date of the request. A hearing under this subsection is at the discretion of the court, except that the court shall hold a hearing if the request and any accompanying material indicate that modification of the order may be appropriate.
(d) If a request is made by an acquitted person not later than the 90th day after the date of a hearing on a previous request, the court is not required to act on the request except on the expiration of the order or on the expiration of the 90-day period following the date of the hearing on the previous request.
(e) The court shall rule on the request during or shortly after any hearing that is held and in any case not later than the 14th day after the date of the request.
(f) The court shall discharge the acquitted person from all court-ordered commitment and treatment and supervision and terminate the court's jurisdiction over the person if the court finds that the acquitted person has established by a preponderance of the evidence that:
(1) the acquitted person does not have a severe mental illness or an intellectual disability; or
(2) the acquitted person is not likely to cause serious harm to another because of any severe mental illness or intellectual disability.
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. 2.12, 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 2277e72de99168d5cdcb25aabfd22f05aa18a0b6dbc31c6f2e78f90cf2d9eefb
- 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
Cited by 4 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46C.268. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46C.158CONTINUING JURISDICTION OF DANGEROUS ACQUITTED PERSON.Printed as Article 46C.268
- Tex. Code Crim. Proc. art. 46C.255TRIAL BY JURY.Printed as Article 46C.268
- Tex. Code Crim. Proc. art. 46C.259STATUS OF COMMITTED PERSON.Printed as Article 46C.268
- Tex. Code Crim. Proc. art. 46C.270APPEALS.Printed as Article 46C.268
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.