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Chapter 46C: Insanity Defense

Texas Code of Criminal Procedure – 2026

All Sections Code of Criminal Procedure Overview ← Previous Chapter 46B: Incompetency to Stand Trial Next → Chapter 47: Disposition of Stolen Property

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Chapter 1: General Provisions Chapter 2: General Duties of Officers Chapter 2A: Officers; Powers and Duties Chapter 2B: Law Enforcement Interactions with Public Chapter 3: Definitions Chapter 4: Courts and Criminal Jurisdiction Chapter 5: Family Violence Prevention Chapter 5A: Preventing, Investigating, and Prosecuting Family Violence Chapter 5B: Procedures for Certain Offenses Involving Illegal Entry Into This State Chapter 5C: Procedures for Real Property Theft and Fraud Chapter 6: Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses Chapter 7: Proceedings Before Magistrates to Prevent Offenses Chapter 7B: Protective Orders Chapter 7C: Prohibition on Recognition, Service, and Enforcement of Extreme Risk Protective Orders Chapter 8: Suppression of Riots and Other Disturbances Chapter 9: Offenses Injurious to Public Health Chapter 9A: Trade, Business, or Occupation Injurious to Public Health Chapter 11: Habeas Corpus Chapter 12: Limitation Chapter 13A: Venue Chapter 14: Arrest Without Warrant Chapter 15: Arrest Under Warrant Chapter 16: The Commitment or Discharge of the Accused Chapter 17: Bail Chapter 17A: Corporations and Associations Chapter 18: Search Warrants Chapter 18A: Detection, Interception, and Use of Wire, Oral, and Electronic Communications Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications Chapter 19A: Grand Jury Organization Chapter 20A: Grand Jury Proceedings Chapter 21: Indictment and Information Chapter 22: Forfeiture of Bail Chapter 23: The Capias Chapter 24: Subpoena and Attachment Chapter 24A: Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information Chapter 25: Service of a Copy of the Indictment Chapter 26: Arraignment Chapter 27: The Pleading in Criminal Actions Chapter 28: Motions, Pleadings and Exceptions Chapter 29: Continuance Chapter 30: Disqualification of the Judge Chapter 31A: Change of Venue Chapter 32: Dismissing Prosecutions Chapter 32A: Speedy Trial Chapter 33: The Mode of Trial Chapter 34: Special Venire in Capital Cases Chapter 35: Formation of the Jury Chapter 36: The Trial Before the Jury Chapter 37: The Verdict Chapter 38: Evidence in Criminal Actions Chapter 39: Depositions and Discovery Chapter 40: New Trials Chapter 41: Arrest of Judgment Chapter 42: Judgment and Sentence Chapter 42A: Community Supervision Chapter 43: Execution of Judgment Chapter 44: Appeal and Writ of Error Chapter 45A: Justice and Municipal Courts Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability Chapter 46B: Incompetency to Stand Trial Chapter 46C: Insanity Defense Chapter 47: Disposition of Stolen Property Chapter 48: Pardon and Parole Chapter 49: Inquests Upon Dead Bodies Chapter 49A: Death Inquests Chapter 50: Fire Inquests Chapter 50A: Fire Inquests Chapter 51: Fugitives from Justice Chapter 52: Court of Inquiry Chapter 55A: Expunction of Criminal Records Chapter 56A: Rights of Crime Victims Chapter 56B: Crime Victims' Compensation Chapter 56C: Landowner Compensation for Property Damage Caused by Certain Criminal Activities Chapter 58: Confidentiality of Identifying Information and Medical Records of Certain Crime Victims Chapter 59: Forfeiture of Contraband Chapter 62: Sex Offender Registration Program Chapter 63: Missing Children and Missing Persons Chapter 64: Motion for Forensic Dna Testing Chapter 65: Terrorist Offender Registration Program Chapter 66: Criminal History Record System Chapter 67: Compilation of Information Pertaining to Combinations and Criminal Street Gangs Chapter 101: General Provisions Chapter 102: Costs, Fees, and Fines Paid by Defendants Chapter 103: Payment, Collection, and Recordkeeping Chapter 104: Certain Expenses Paid by State or County
Art. 46C.001 DEFINITIONS Art. 46C.0011 FACILITY DESIGNATION Art. 46C.002 MAXIMUM PERIOD OF COMMITMENT DETERMINED BY MAXIMUM TERM FOR OFFENSE Art. 46C.003 VICTIM NOTIFICATION OF RELEASE Art. 46C.051 NOTICE OF INTENT TO RAISE INSANITY DEFENSE Art. 46C.052 EFFECT OF FAILURE TO GIVE NOTICE Art. 46C.101 APPOINTMENT OF EXPERTS Art. 46C.102 EXPERTS: QUALIFICATIONS Art. 46C.103 COMPETENCY TO STAND TRIAL: CONCURRENT APPOINTMENT Art. 46C.104 ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION Art. 46C.105 REPORTS SUBMITTED BY EXPERTS Art. 46C.106 COMPENSATION OF EXPERTS Art. 46C.107 EXAMINATION BY EXPERT OF DEFENDANT'S CHOICE Art. 46C.151 DETERMINATION OF SANITY ISSUE BY JURY Art. 46C.152 DETERMINATION OF SANITY ISSUE BY JUDGE Art. 46C.153 GENERAL PROVISIONS RELATING TO DETERMINATION OF SANITY ISSUE BY JUDGE OR JURY Art. 46C.154 INFORMING JURY REGARDING CONSEQUENCES OF ACQUITTAL Art. 46C.155 FINDING OF NOT GUILTY BY REASON OF INSANITY CONSIDERED ACQUITTAL Art. 46C.156 JUDGMENT Art. 46C.157 DETERMINATION REGARDING DANGEROUS CONDUCT OF ACQUITTED PERSON Art. 46C.158 CONTINUING JURISDICTION OF DANGEROUS ACQUITTED PERSON Art. 46C.159 PROCEEDINGS REGARDING NONDANGEROUS ACQUITTED PERSON Art. 46C.160 DETENTION PENDING FURTHER PROCEEDINGS Art. 46C.201 DISPOSITION: NONDANGEROUS CONDUCT Art. 46C.202 DETENTION OR RELEASE Art. 46C.251 COMMITMENT FOR EVALUATION AND TREATMENT; REPORT Art. 46C.252 REPORT AFTER EVALUATION Art. 46C.253 HEARING ON DISPOSITION Art. 46C.254 EFFECT OF STABILIZATION ON TREATMENT REGIMEN Art. 46C.255 TRIAL BY JURY Art. 46C.256 ORDER OF COMMITMENT TO INPATIENT TREATMENT OR RESIDENTIAL CARE Art. 46C.257 ORDER TO RECEIVE OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.258 RESPONSIBILITY OF INPATIENT OR RESIDENTIAL CARE FACILITY Art. 46C.259 STATUS OF COMMITTED PERSON Art. 46C.260 TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM SECURITY FACILITY Art. 46C.261 RENEWAL OF ORDERS FOR INPATIENT COMMITMENT OR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.262 COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION AFTER INPATIENT COMMITMENT Art. 46C.263 COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.264 LOCATION OF COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.265 SUPERVISORY RESPONSIBILITY FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.266 MODIFICATION OR REVOCATION OF ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.267 DETENTION PENDING PROCEEDINGS TO MODIFY OR REVOKE ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION Art. 46C.268 ADVANCE DISCHARGE OF ACQUITTED PERSON AND TERMINATION OF JURISDICTION Art. 46C.269 TERMINATION OF COURT'S JURISDICTION Art. 46C.270 APPEALS