Tex. Penal Code Section 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 Section 8.07 (Age Affecting Criminal Responsibility)(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.

(c)

A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01 (Appeal by State), Code of Criminal Procedure.

(d)

In this section, “child” has the meaning assigned by Article 45.058 (Children Taken into Custody)(h), Code of Criminal Procedure.

(d)

In this section, “child” has the meaning assigned by Article 45A.453 (Child Taken into Custody)(a), Code of Criminal Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 18, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.154, eff. January 1, 2025.

Source: Section 8.08 — Child with Mental Illness, Disability, or Lack of Capacity, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­8.­htm#8.­08 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 8.08’s source at texas​.gov