Texas statute

Tex. Code Crim. Proc. art. 46B.051 — Trial before judge or jury

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 46B: INCOMPETENCY TO STAND TRIAL, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 46B.051

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 46B.051Primary source, current through the 89th Legislature, 2nd Called Session (2025)

(a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the motion of the court, a jury shall make the determination. (b) The court shall make the determination of incompetency if a jury determination is not required by Subsection (a). (c) If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.

Official sources

This reference is informational and is not legal advice.