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Texas Code of Criminal Procedure - Article 46C.255. Trial By Jury

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.255. Trial By Jury

Art. 46C.255. TRIAL BY JURY.  (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 mental 
retardation 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.

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

Last modified: August 11, 2007