Section 46C.153 - General Provisions Relating to Determination of Sanity Issue By Judge or Jury(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.Tex. Code Crim. Proc. § 46C.153
Added by Acts 2005, 79th Leg., Ch. 831, Sec. 2, eff. 9/1/2005.