Texas Code of Criminal Procedure - Article 46B.024. Factors Considered In Examination

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Art. 46B.024. FACTORS CONSIDERED IN EXAMINATION.  During an 
examination under this subchapter and in any report based on that 
examination, an expert shall consider, in addition to other issues 
determined relevant by the expert, the following:
	(1)  the capacity of the defendant during criminal 
proceedings to:           
	(A)  rationally understand the charges against the defendant 
and the potential consequences of the pending criminal proceedings;
	(B)  disclose to counsel pertinent facts, events, and states 
of mind;        
	(C)  engage in a reasoned choice of legal strategies and 
options;            
	(D)  understand the adversarial nature of criminal 
proceedings;              
	(E)  exhibit appropriate courtroom behavior;  and                              
	(F)  testify;                                                                  
	(2)  whether the defendant has a diagnosable mental illness 
or is a person with mental retardation;
	(3)  the impact of the mental illness or mental retardation, 
if existent, on the defendant's capacity to engage with counsel in a 
reasonable and rational manner;  and
	(4)  if the defendant is taking psychoactive or other 
medication:            
	(A)  whether the medication is necessary to maintain the 
defendant's competency;  and
	(B)  the effect, if any, of the medication on the defendant's 
appearance, demeanor, or ability to participate in the proceedings.

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

Last modified: August 10, 2007