Texas statute

Tex. Code Crim. Proc. art. 46C.255 — Trial by 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.255

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. 46C.255Primary source, current through the 89th Legislature, 2nd Called Session (2025)

(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 ; (2) a proceeding for renewal of an order under Article 46C.261 ; (3) a proceeding on a request for modification or revocation of an order under Article 46C.266 ; and (4) a proceeding seeking discharge of an acquitted person under Article 46C.268 . (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 ; or (2) a proceeding to determine modification or revocation of outpatient or community-based treatment and supervision under Article 46C.267 . (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.

Official sources

This reference is informational and is not legal advice.