(1) a finding that the acquitted person committed the offense; or
(2) a finding that the offense on which the prosecution was based involved conduct that:
(A) caused serious bodily injury to another person;
(B) placed another person in imminent danger of serious bodily injury; or
(C) consisted of a threat of serious bodily injury to another person through the use of a deadly weapon.
(b) Either the acquitted person or the state may appeal from:
(1) an Order of Commitment to Inpatient Treatment or Residential Care entered under Article 46C.256;
(2) an Order to Receive Outpatient or Community-Based Treatment and Supervision entered under Article 46C.257 or 46C.262;
(3) an order renewing or refusing to renew an Order for Inpatient Commitment or Outpatient or Community-Based Treatment and Supervision entered under Article 46C.261;
(4) an order modifying or revoking an Order for Outpatient or Community-Based Treatment and Supervision entered under Article 46C.266 or refusing a request to modify or revoke that order; or
(5) an order discharging an acquitted person under Article 46C.268 or denying a request for discharge of an acquitted person.
(c) An appeal under this subchapter may not be considered moot solely due to the expiration of an order on which the appeal is based.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46C - Insanity Defense
Subchapter F. Disposition Following Acquittal By
Article 46C.251. Commitment for Evaluation and Treatment; Report
Article 46C.252. Report After Evaluation
Article 46C.253. Hearing on Disposition
Article 46C.254. Effect of Stabilization on Treatment Regimen
Article 46C.255. Trial by Jury
Article 46C.256. Order of Commitment to Inpatient Treatment or Residential Care
Article 46C.257. Order to Receive Outpatient or Community-Based Treatment and Supervision
Article 46C.258. Responsibility of Inpatient or Residential Care Facility
Article 46C.259. Status of Committed Person
Article 46C.260. Transfer of Committed Person to Non-Maximum Security Facility
Article 46C.263. Court-Ordered Outpatient or Community-Based Treatment and Supervision
Article 46C.264. Location of Court-Ordered Outpatient or Community-Based Treatment and Supervision
Article 46C.268. Advance Discharge of Acquitted Person and Termination of Jurisdiction