Texas Code of Criminal Procedure

§ 46C.153 — GENERAL PROVISIONS RELATING TO DETERMINATION OF SANITY ISSUE BY JUDGE OR JURY

CR § 46C.153Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46C. INSANITY DEFENSE · Art. D. DETERMINATION OF ISSUE OF DEFENDANT'S SANITY

(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.

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.