Texas § 46B.051 TRIAL BEFORE JUDGE OR JURY.

Texas Statutes

§ 46B.051 — TRIAL BEFORE JUDGE OR JURY.

Texas § 46B.051

Code CRCode of Criminal Procedure

This text of Texas § 46B.051 (TRIAL BEFORE JUDGE OR JURY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 46B.051 (2026).

Text

Art. 46B.051. TRIAL BEFORE JUDGE OR JURY.

(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.

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Art. 46B.051. TRIAL BEFORE JUDGE OR JURY. (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.

Legislative History

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679 ), Sec. 6, eff. September 1, 2005.