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Texas Code of Criminal Procedure - Article 46C.201. Disposition: Nondangerous Conduct

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.201. Disposition: Nondangerous Conduct

Art. 46C.201. DISPOSITION:  NONDANGEROUS CONDUCT.  (a) If 
the court determines that the offense of which the person was 
acquitted did not involve conduct that caused serious bodily injury 
to another person, placed another person in imminent danger of 
serious bodily injury, or consisted of a threat of serious bodily 
injury to another person through the use of a deadly weapon, the 
court shall determine whether there is evidence to support a 
finding that the person is a person with a mental illness or with 
mental retardation.
	(b)  If the court determines that there is evidence to 
support a finding of mental illness or mental retardation, the 
court shall enter an order transferring the person to the 
appropriate court for civil commitment proceedings to determine 
whether the person should receive court-ordered mental health 
services under Subtitle C, Title 7, Health and Safety Code, or be 
committed to a residential care facility to receive mental 
retardation services under Subtitle D, Title 7, Health and Safety 
Code.  The court may also order the person:
	(1)  detained in jail or any other suitable place pending the 
prompt initiation and prosecution of appropriate civil proceedings 
by the attorney representing the state or other person designated 
by the court;  or
	(2)  placed in the care of a responsible person on 
satisfactory security being given for the acquitted person's proper 
care and protection.

Added by Acts 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.           

Last modified: August 11, 2007