Texas Code of Criminal Procedure - Article 46B.004. Raising Issue Of Incompetency To Stand Trial

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Art. 46B.004. RAISING ISSUE OF INCOMPETENCY TO STAND 
TRIAL.  (a) Either party may suggest by motion, or the trial court 
may suggest on its own motion, that the defendant may be incompetent 
to stand trial.  A motion suggesting that the defendant may be 
incompetent to stand trial may be supported by affidavits setting 
out the facts on which the suggestion is made.
	(b)  If evidence suggesting the defendant may be incompetent 
to stand trial comes to the attention of the court, the court on its 
own motion shall suggest that the defendant may be incompetent to 
stand trial.
	(c)  On suggestion that the defendant may be incompetent to 
stand trial, the court shall determine by informal inquiry whether 
there is some evidence from any source that would support a finding 
that the defendant may be incompetent to stand trial.
	(d)  If the court determines there is evidence to support a 
finding of incompetency, the court, except as provided by 
Subsection (e) and Article 46B.005(d), shall stay all other 
proceedings in the case.
	(e)  At any time during the proceedings under this chapter 
after the issue of the defendant's incompetency to stand trial is 
first raised, the court on the motion of the attorney representing 
the state may dismiss all charges pending against the defendant, 
regardless of whether there is any evidence to support a finding of 
the defendant's incompetency under Subsection (d) or whether the 
court has made a finding of incompetency under this chapter.  If the 
court dismisses the charges against the defendant, the court may 
not continue the proceedings under this chapter, except that, if 
there is evidence to support a finding of the defendant's 
incompetency under Subsection (d), the court may proceed under 
Subchapter F. If the court does not elect to proceed under 
Subchapter F, the court shall discharge the defendant.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.  
Subsec. (d) amended by Acts 2005, 79th Leg., ch. 324, Sec. 2, eff. 
Sept. 1, 2005;  Subsec. (e) added by Acts 2005, 79th Leg., ch. 324, 
Sec. 2, eff. Sept. 1, 2005.

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Last modified: August 10, 2007