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Texas Code of Criminal Procedure

§ 46B.051 — TRIAL BEFORE JUDGE OR JURY

CR § 46B.051Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. C. INCOMPETENCY TRIAL

Statute text

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(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. Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by:

Legislative history

Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 6, eff. September 1, 2005.

Source: Texas Code of Criminal Procedure § 46B.051 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.