Texas statute
Tex. Code Crim. Proc. art. 46C.153 — General provisions relating to determination of sanity issue by judge or jury
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 46C: INSANITY DEFENSE, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 46C.153
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.
(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 reasonable doubt that the alleged conduct constituting the offense was committed; and (2) the defense has established by a preponderance of the evidence that the defendant was insane at the time of the alleged conduct. (b) The parties may, with the consent of the judge, agree to both: (1) dismissal of the indictment or information on the ground that the defendant was insane; and (2) entry of a judgment of dismissal due to the defendant's insanity. (c) An entry of judgment under Subsection (b)(2) has the same effect as a judgment stating that the defendant has been found not guilty by reason of insanity.
Official sources
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