Texas Code of Criminal Procedure - Article 46B.003. Incompetency; Presumptions
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Art. 46B.003. INCOMPETENCY; PRESUMPTIONS. (a) A person is
incompetent to stand trial if the person does not have:
(1) sufficient present ability to consult with the person's
lawyer with a reasonable degree of rational understanding; or
(2) a rational as well as factual understanding of the
proceedings against the person.
(b) A defendant is presumed competent to stand trial and
shall be found competent to stand trial unless proved incompetent
by a preponderance of the evidence.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Article: 17A.06 17A.07 17A.08 17A.09 46A.01 46B.001 46B.002 46B.003 46B.004 46B.005 46B.006 46B.007 46B.008 46B.009 46B.010
Last modified: August 11, 2007
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