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Texas Code of Criminal Procedure - CRIM P Art. § 46C.153. General Provisions Relating to Determination of Sanity Issue by Judge or Jury

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 46C.153. General Provisions Relating to Determination of Sanity Issue by Judge or Jury - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-46c-153/

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