Tex.
Code of Crim. Proc. 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 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 (Hearing on Disposition);(2)
a proceeding for renewal of an order under Article 46C.261 (Renewal of Orders for Inpatient Commitment or Outpatient or Community-based Treatment and Supervision);(3)
a proceeding on a request for modification or revocation of an order under Article 46C.266 (Modification or Revocation of Order for Outpatient or Community-based Treatment and Supervision); and(4)
a proceeding seeking discharge of an acquitted person under Article 46C.268 (Advance Discharge of Acquitted Person and Termination of Jurisdiction).(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 (Court-ordered Outpatient or Community-based Treatment and Supervision After Inpatient Commitment); or(2)
a proceeding to determine modification or revocation of outpatient or community-based treatment and supervision under Article 46C.267 (Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision).(c)
If a hearing is held before a jury and the jury determines that the person has a mental illness or an intellectual disability 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.
Source:
Article 46C.255 — Trial by Jury, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46C.htm#46C.255 (accessed Jun. 5, 2024).
