Texas Penal Code 8.08 – Child With Mental Illness, Disability, or Lack of Capacity
(a) On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court’s own motion, a court with jurisdiction of an offense described by § 8.07(a)(4) or (5) shall determine whether probable cause exists to believe that a child, including a child with a mental illness or developmental disability:
(1) lacks the capacity to understand the proceedings in criminal court or to assist in the child’s own defense and is unfit to proceed; or
(2) lacks substantial capacity either to appreciate the wrongfulness of the child’s own conduct or to conform the child’s conduct to the requirement of the law.
(b) If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint.
Terms Used In Texas Penal Code 8.08
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(c) A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure.
Text of subsection effective until January 01, 2025
(d) In this section, “child” has the meaning assigned by Article 45.058(h), Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(d) In this section, “child” has the meaning assigned by Article 45A.453(a), Code of Criminal Procedure.