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Texas Code of Criminal Procedure - Chapter 46C Insanity DefenseLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 46C Insanity Defense In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) "Department" means the Department of State Health Services. (3) "Mental illness" has ... (a) A person acquitted by reason of insanity may not be committed to a mental hospital or other inpatient or residential care facility or ordered ... (a) A defendant planning to offer evidence of the insanity defense must file with the court a notice of the defendant's intention to offer that ... Unless notice is timely filed under Article 46C.051, evidence on the insanity defense is not admissible unless the court finds that good cause exists for ... (a) If notice of intention to raise the insanity defense is filed under Article 46C.051, the court may, on its own motion or motion by ... (a) The court may appoint qualified psychiatrists or psychologists as experts under this chapter. To qualify for appointment under this subchapter as an expert, a ... (a) An expert appointed under this subchapter to examine the defendant with regard to the insanity defense also may be appointed by the court to ... (a) For the purposes described by this chapter, the court may order any defendant to submit to examination, including a defendant who is free on ... (a) A written report of the examination shall be submitted to the court not later than the 30th day after the date of the order ... (a) The appointed experts shall be paid by the county in which the indictment was returned or information was filed. (b) The county in which ... If a defendant wishes to be examined by an expert of the defendant's own choice, the court on timely request shall provide the examiner with ... (a) In a case tried to a jury, the issue of the defendant's sanity shall be submitted to the jury only if the issue is ... (a) If a jury trial is waived and if the issue is supported by competent evidence, the judge as trier of fact shall determine the ... (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 ... The court, the attorney representing the state, or the attorney for the defendant may not inform a juror or a prospective juror of the consequences ... (a) Except as provided by Subsection (b), a defendant who is found not guilty by reason of insanity stands acquitted of the offense charged and ... (a) In each case in which the insanity defense is raised, the judgment must reflect whether the defendant was found guilty, not guilty, or not ... If a defendant is found not guilty by reason of insanity, the court immediately shall determine whether the offense of which the person was acquitted ... If the court finds that the offense of which the person was acquitted involved conduct that caused serious bodily injury to another person, placed another ... If the court finds that the offense of which the person was acquitted did not involve conduct that caused serious bodily injury to another person, ... (a) On a determination by the judge or jury that the defendant is not guilty by reason of insanity, pending further proceedings under this chapter, ... (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 ... (a) Notwithstanding Article 46C.201(b), a person placed in a department facility or a facility of the Department of Aging and Disability Services pending civil hearing ... (a) The court shall order the acquitted person to be committed for evaluation of the person's present mental condition and for treatment to the maximum ... (a) The report ordered under Article 46C.251 must be filed with the court as soon as practicable before the hearing on disposition but not later ... (a) The hearing on disposition shall be conducted in the same manner as a hearing on an application for involuntary commitment under Subtitle C or ... If an acquitted person is stabilized on a treatment regimen, including medication and other treatment modalities, rendering the person no longer likely to cause serious ... (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 ... (a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the ... (a) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision if: (1) the state establishes by clear and convincing ... (a) The head of the facility to which an acquitted person is committed has, during the commitment period, a continuing responsibility to determine: (1) whether ... If an acquitted person is committed under this subchapter, the person's status as a patient or resident is governed by Subtitle C or D, Title ... (a) A person committed to a facility under this subchapter shall be committed to the maximum security unit of any facility designated by the department. ... (a) A court that orders an acquitted person committed to inpatient treatment or orders outpatient or community-based treatment and supervision annually shall determine whether to ... (a) An acquitted person, the head of the facility to which the acquitted person is committed, or the attorney representing the state may request that ... (a) The court may order an acquitted person to participate in an outpatient or community-based regimen of treatment and supervision: (1) as an initial matter ... (a) The court may order the outpatient or community-based treatment and supervision to be provided in any appropriate county where the necessary resources are available. ... (a) The person responsible for administering a regimen of outpatient or community-based treatment and supervision shall: (1) monitor the condition of the acquitted person; and ... (a) The court, on its own motion or the motion of any interested person and after notice to the acquitted person and a hearing, may ... (a) The state or the head of the facility or other person responsible for administering a regimen of outpatient or community-based treatment and supervision may ... (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 ... (a) The jurisdiction of the court over a person covered by this subchapter automatically terminates on the date when the cumulative total period of institutionalization ... (a) An acquitted person may appeal a judgment reflecting an acquittal by reason of insanity on the basis of the following: (1) a finding that ... Texas Lawyers
Last modified: August 10, 2007 |