Texas Code of Criminal Procedure - Article 46B.051. Trial Before Judge Or Jury
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Art. 46B.051. TRIAL BEFORE JUDGE OR JURY. (a) If a court
holds a trial to determine whether the defendant is incompetent to
stand trial, on the request of either party or the motion of the
court, a jury shall make the determination.
(b) The court shall make the determination of incompetency
if a jury determination is not required by Subsection (a).
(c) If a jury determination is required by Subsection (a), a
jury that has not been selected to determine the guilt or innocence
of the defendant must determine the issue of incompetency.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by Acts 2005, 79th Leg., ch. 324, Sec. 6, eff. Sept. 1,
2005.
Article: 46B.021 46B.022 46B.023 46B.024 46B.025 46B.026 46B.027 46B.051 46B.052 46B.053 46B.054 46B.055 46B.071 46B.072 46B.073
Last modified: August 11, 2007
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