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 (S.B. 837), Sec. 2, eff. September 1, 2005.
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