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.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 2.06, eff. September 1, 2023.

Source: Article 46C.255 — Trial by Jury, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46C.­htm#46C.­255 (accessed Mar. 23, 2024).

46C.001
Definitions
46C.002
Maximum Period of Commitment Determined by Maximum Term for Offense
46C.003
Victim Notification of Release
46C.0011
Facility Designation
46C.051
Notice of Intent to Raise Insanity Defense
46C.052
Effect of Failure to Give Notice
46C.101
Appointment of Experts
46C.102
Experts: Qualifications
46C.103
Competency to Stand Trial: Concurrent Appointment
46C.104
Order Compelling Defendant to Submit to Examination
46C.105
Reports Submitted by Experts
46C.106
Compensation of Experts
46C.107
Examination by Expert of Defendant’s Choice
46C.151
Determination of Sanity Issue by Jury
46C.152
Determination of Sanity Issue by Judge
46C.153
General Provisions Relating to Determination of Sanity Issue by Judge or Jury
46C.154
Informing Jury Regarding Consequences of Acquittal
46C.155
Finding of Not Guilty by Reason of Insanity Considered Acquittal
46C.156
Judgment
46C.157
Determination Regarding Dangerous Conduct of Acquitted Person
46C.158
Continuing Jurisdiction of Dangerous Acquitted Person
46C.159
Proceedings Regarding Nondangerous Acquitted Person
46C.160
Detention Pending Further Proceedings
46C.201
Disposition: Nondangerous Conduct
46C.202
Detention or Release
46C.251
Commitment for Evaluation and Treatment
46C.252
Report After Evaluation
46C.253
Hearing on Disposition
46C.254
Effect of Stabilization on Treatment Regimen
46C.255
Trial by Jury
46C.256
Order of Commitment to Inpatient Treatment or Residential Care
46C.257
Order to Receive Outpatient or Community-based Treatment and Supervision
46C.258
Responsibility of Inpatient or Residential Care Facility
46C.259
Status of Committed Person
46C.260
Transfer of Committed Person to Non-maximum Security Facility
46C.261
Renewal of Orders for Inpatient Commitment or Outpatient or Community-based Treatment and Supervision
46C.262
Court-ordered Outpatient or Community-based Treatment and Supervision After Inpatient Commitment
46C.263
Court-ordered Outpatient or Community-based Treatment and Supervision
46C.264
Location of Court-ordered Outpatient or Community-based Treatment and Supervision
46C.265
Supervisory Responsibility for Outpatient or Community-based Treatment and Supervision
46C.266
Modification or Revocation of Order for Outpatient or Community-based Treatment and Supervision
46C.267
Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision
46C.268
Advance Discharge of Acquitted Person and Termination of Jurisdiction
46C.269
Termination of Court’s Jurisdiction
46C.270
Appeals

Accessed:
Mar. 23, 2024

Art. 46C.255’s source at texas​.gov