Texas Code of Criminal Procedure - Article 46C.153. General Provisions Relating To Determination Of Sanity Issue By Judge Or Jury
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Art. 46C.153. GENERAL PROVISIONS RELATING TO DETERMINATION
OF SANITY ISSUE BY JUDGE OR JURY. (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.
Added by Acts 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.
Article: 46C.103 46C.104 46C.105 46C.106 46C.107 46C.151 46C.152 46C.153 46C.154 46C.155 46C.156 46C.157 46C.158 46C.159 46C.160
Last modified: August 11, 2007
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