(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.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
ART. 46C.001. | ART. 46C.0011. | ART. 46C.002. | ART. 46C.003. | ART. 46C.051. | ART. 46C.052. | ART. 46C.101. | ART. 46C.102. | ART. 46C.103. | ART. 46C.104. | ART. 46C.105. | ART. 46C.106. | ART. 46C.107. | ART. 46C.151. | ART. 46C.152. | ART. 46C.154. | ART. 46C.155. | ART. 46C.156. | ART. 46C.157. | ART. 46C.158. | ART. 46C.159. | ART. 46C.160. | ART. 46C.201. | ART. 46C.202. | ART. 46C.251. | ART. 46C.202. | ART. 46C.252. | ART. 46C.253. | ART. 46C.254. | ART. 46C.255. | ART. 46C.256. | ART. 46C.257. | ART. 46C.258. | ART. 46C.259. | ART. 46C.260. | ART. 46C.261. | ART. 46C.262. | ART. 46C.263. | ART. 46C.264. | ART. 46C.265. | ART. 46C.266. | ART. 46C.267. | ART. 46C.268. | ART. 46C.269. | ART. 46C.270.