Texas Code of Criminal Procedure 46C.255 – Trial by Jury
(a) The following proceedings under this chapter must be before the court, and the underlying matter determined by the court, unless the acquitted person or the state requests a jury trial or the court on its own motion sets the matter for jury trial:
(1) a hearing under Article 46C.253;
(2) a proceeding for renewal of an order under Article 46C.261;
(3) a proceeding on a request for modification or revocation of an order under Article 46C.266; and
(4) a proceeding seeking discharge of an acquitted person under Article 46C.268.
(b) The following proceedings may not be held before a jury:
(1) a proceeding to determine outpatient or community-based treatment and supervision under Article 46C.262; or
(2) a proceeding to determine modification or revocation of outpatient or community-based treatment and supervision under Article 46C.267.
Terms Used In Texas Code of Criminal Procedure 46C.255
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If a hearing is held before a jury and the jury determines that the person has a mental illness or an intellectual disability and is likely to cause serious harm to another, the court shall determine whether inpatient treatment or residential care is necessary to protect the safety of others.