Texas Family Code - Section 55.51. Lack Of Responsibility For Conduct Determination; Examination
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 55.51. Lack Of Responsibility For Conduct Determination; Examination
§ 55.51. LACK OF RESPONSIBILITY FOR CONDUCT
DETERMINATION; EXAMINATION. (a) A child alleged by petition to
have engaged in delinquent conduct or conduct indicating a need for
supervision is not responsible for the conduct if at the time of the
conduct, as a result of mental illness or mental retardation, the
child lacks substantial capacity either to appreciate the
wrongfulness of the child's conduct or to conform the child's
conduct to the requirements of law.
(b) On a motion by a party in which it is alleged that a
child may not be responsible as a result of mental illness or mental
retardation for the child's conduct, the court shall order the
child to be examined under Section 51.20. The information obtained
from the examinations must include expert opinion as to whether the
child is not responsible for the child's conduct as a result of
mental illness or mental retardation.
(c) The issue of whether the child is not responsible for
the child's conduct as a result of mental illness or mental
retardation shall be tried to the court or jury in the adjudication
hearing.
(d) Lack of responsibility for conduct as a result of mental
illness or mental retardation must be proved by a preponderance of
the evidence.
(e) In its findings or verdict the court or jury must state
whether the child is not responsible for the child's conduct as a
result of mental illness or mental retardation.
(f) If the court or jury finds the child is not responsible
for the child's conduct as a result of mental illness or mental
retardation, the court shall proceed under Section 55.52.
(g) A child found to be not responsible for the child's
conduct as a result of mental illness or mental retardation shall
not be subject to proceedings under this title with respect to such
conduct, other than proceedings under Section 55.52.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 47, eff. May 31,
1995. Renumbered from V.T.C.A., Family Code § 55.05 and amended
by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1, 1999.
Section: 55.39 55.40 55.41 55.42 55.43 55.44 55.45 55.51 55.52 55.53 55.54 55.55 55.56 55.57 55.58
Last modified: August 11, 2007
|
