Court Opinions

State Laws

US Code

US Constitution

Texas Code of Criminal Procedure - Article 46B.025. Expert's Report

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46B.025. Expert's Report

Art. 46B.025. EXPERT'S REPORT.  (a) An expert's report to the 
court must state an opinion on a defendant's competency or 
incompetency to stand trial or explain why the expert is unable to 
state such an opinion and must also:
	(1)  identify and address specific issues referred to the 
expert for evaluation;
	(2)  document that the expert explained to the defendant the 
purpose of the evaluation, the persons to whom a report on the 
evaluation is provided, and the limits on rules of confidentiality 
applying to the relationship between the expert and the defendant;
	(3)  in general terms, describe procedures, techniques, and 
tests used in the examination and the purpose of each procedure, 
technique, or test;  and
	(4)  state the expert's clinical observations, findings, and 
opinions on each specific issue referred to the expert by the court, 
and state specifically any issues on which the expert could not 
provide an opinion.
	(b)  If in the opinion of an expert appointed under Article 
46B.021 the defendant is incompetent to proceed, the expert shall 
state in the report:
	(1)  the exact nature of the deficits resulting from the 
defendant's mental illness or mental retardation, if any, that 
impact the factors listed in Article 46B.024, contributing to the 
defendant's incompetency;  and
	(2)  prospective treatment options, if any, appropriate for 
the defendant.   
	(c)  An expert's report may not state the expert's opinion on 
the defendant's sanity at the time of the alleged offense, if in the 
opinion of the expert the defendant is incompetent to proceed.
	(d)  The court shall direct an expert to provide the expert's 
report to the court and the appropriate parties in the form approved 
by the Texas Correctional Office on Offenders with Medical or 
Mental Impairments under Section 614.0032(b), Health and Safety 
Code.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.  
Subsec. (d) added by Acts 2005, 79th Leg., ch. 1269, Sec. 1, eff. 
June 18, 2005.

Last modified: August 11, 2007