Texas Code of Criminal Procedure - Article 46B.021. Appointment Of Experts

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Art. 46B.021. APPOINTMENT OF EXPERTS.  (a) On a suggestion 
that the defendant may be incompetent to stand trial, the court may 
appoint one or more disinterested experts to:
	(1)  examine the defendant and report to the court on the 
competency or incompetency of the defendant;  and
	(2)  testify as to the issue of competency or incompetency of 
the defendant at any trial or hearing involving that issue.
	(b)  On a determination that evidence exists to support a 
finding of incompetency to stand trial, the court shall appoint one 
or more experts to perform the duties described by Subsection (a).
	(c)  An expert involved in the treatment of the defendant may 
not be appointed to examine the defendant under this article.
	(d)  The movant or other party as directed by the court shall 
provide to experts appointed under this article information 
relevant to a determination of the defendant's competency, 
including copies of the indictment or information, any supporting 
documents used to establish probable cause in the case, and 
previous mental health evaluation and treatment records.
	(e)  The court may appoint as experts under this chapter 
qualified psychiatrists or psychologists employed by the local 
mental health authority or local mental retardation authority.  The 
local mental health authority or local mental retardation authority 
is entitled to compensation and reimbursement as provided by 
Article 46B.027.
	(f)  If a defendant wishes to be examined by an expert of the 
defendant's own choice, the court on timely request shall provide 
the expert with reasonable opportunity to examine the defendant.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.             

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Last modified: August 10, 2007