Texas Code of Criminal Procedure

§ 46C.253 — HEARING ON DISPOSITION

CR § 46C.253Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46C. INSANITY DEFENSE · Art. F. DISPOSITION FOLLOWING ACQUITTAL BY

Statute text

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(a)The hearing on disposition shall be conducted in the same manner as a hearing on an application for involuntary commitment under Subtitle C or D, Title 7, Health and Safety Code, except that the use of a jury is governed by Article 46C.255.

(b)At the hearing, the court shall address:

(1)whether the person acquitted by reason of insanity has a severe mental illness or an intellectual disability;

(2)whether as a result of any mental illness or intellectual disability the person is likely to cause serious harm to another; and

(3)whether appropriate treatment and supervision for any mental illness or intellectual disability rendering the person dangerous to another can be safely and effectively provided as outpatient or community-based treatment and supervision.

(c)The court shall order the acquitted person committed for inpatient treatment or residential care under Article 46C.256 if the grounds required for that order are established.

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 2.05, eff. September 1, 2023.