Texas Code Of Criminal Procedure Title 1, Chapter 46c - Insanity Defense

SUBCHAPTER A GENERAL PROVISIONS

• Texas Article 46C.001 - Definitions
  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...
• Texas Article 46C.002 - Maximum Period Of Commitment Determined By Maximum Term For Offense
  (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...

SUBCHAPTER B RAISING THE INSANITY DEFENSE

• Texas Article 46C.003 - Victim Notification Of Release
  If the court issues an order that requires the release of an acquitted person on discharge or on a regimen of outpatient care, the clerk...
• Texas Article 46C.051 - Notice Of Intent To Raise Insanity Defense
  (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...

SUBCHAPTER C COURT-ORDERED EXAMINATION AND REPORT

• Texas Article 46C.052 - Effect Of Failure To Give Notice
  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...
• Texas Article 46C.101 - Appointment Of Experts
  (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...
• Texas Article 46C.102 - Experts: Qualifications
  (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...
• Texas Article 46C.103 - Competency To Stand Trial: Concurrent Appointment
  (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...
• Texas Article 46C.104 - Order Compelling Defendant To Submit To Examination
  (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...
• Texas Article 46C.105 - Reports Submitted By Experts
  (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...
• Texas Article 46C.106 - Compensation Of Experts
  (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...

SUBCHAPTER D DETERMINATION OF ISSUE OF DEFENDANT'S SANITY

• Texas Article 46C.107 - Examination By Expert Of Defendant's Choice
  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...
• Texas Article 46C.151 - Determination Of Sanity Issue By Jury
  (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...
• Texas Article 46C.152 - Determination Of Sanity Issue By Judge
  (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...
• Texas Article 46C.153 - General Provisions Relating To Determination Of Sanity Issue By Judge Or Jury
  (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...
• Texas Article 46C.154 - Informing Jury Regarding Consequences Of Acquittal
  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...
• Texas Article 46C.155 - Finding Of Not Guilty By Reason Of Insanity Considered Acquittal
  (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...
• Texas Article 46C.156 - Judgment
  (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...
• Texas Article 46C.157 - Determination Regarding Dangerous Conduct Of Acquitted Person
  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...
• Texas Article 46C.158 - Continuing Jurisdiction Of Dangerous Acquitted Person
  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...
• Texas Article 46C.159 - Proceedings Regarding Nondangerous Acquitted Person
  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,...

SUBCHAPTER E DISPOSITION FOLLOWING ACQUITTAL BY REASON OF INSANITY: NO FINDING OF DANGEROUS CONDUCT

• Texas Article 46C.160 - Detention Pending Further Proceedings
  (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,...
• Texas Article 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...

SUBCHAPTER F DISPOSITION FOLLOWING ACQUITTAL BY

• Texas Article 46C.202 - Detention Or Release
  (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...
• Texas Article 46C.251 - Commitment For Evaluation And Treatment; Report
  (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...
• Texas Article 46C.252 - Report After Evaluation
  (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...
• Texas Article 46C.253 - Hearing On Disposition
  (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...
• Texas Article 46C.254 - Effect Of Stabilization On Treatment Regimen
  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...
• Texas Article 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...
• Texas Article 46C.256 - Order Of Commitment To Inpatient Treatment Or Residential Care
  (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...
• Texas Article 46C.257 - Order To Receive Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.258 - Responsibility Of Inpatient Or Residential Care Facility
  (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...
• Texas Article 46C.259 - Status Of Committed Person
  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...
• Texas Article 46C.260 - Transfer Of Committed Person To Nonsecure Facility
  (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....
• Texas Article 46C.261 - Renewal Of Orders For Inpatient Commitment Or Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.262 - Court-ordered Outpatient Or Community-based Treatment And Supervision After Inpatient Commitment
  (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...
• Texas Article 46C.263 - Court-ordered Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.264 - Location Of Court-ordered Outpatient Or Community-based Treatment And Supervision
  (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....
• Texas Article 46C.265 - Supervisory Responsibility For Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.266 - Modification Or Revocation Of Order For Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.267 - Detention Pending Proceedings To Modify Or Revoke Order For Outpatient Or Community-based Treatment And Supervision
  (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...
• Texas Article 46C.268 - Advance Discharge Of Acquitted Person And Termination Of Jurisdiction
  (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...
• Texas Article 46C.269 - Termination Of Court's Jurisdiction
  (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...
• Texas Article 46C.270 - Appeals
  (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...

Last modified: September 28, 2016