Texas Code of Criminal Procedure - Article 46B.073. Commitment For Restoration To Competency

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Art. 46B.073. COMMITMENT FOR RESTORATION TO COMPETENCY.  (a) 
This article applies only to a defendant not released on bail.
	(b)  The court shall commit a defendant described by 
Subsection (a) to a mental health facility or residential care 
facility for a period not to exceed 120 days for further examination 
and treatment toward the specific objective of attaining competency 
to stand trial.
	(c)  If the defendant is charged with an offense listed in 
Article 17.032(a) or the indictment alleges an affirmative finding 
under Section 3g(a)(2), Article 42.12, the court shall enter an 
order committing the defendant to the maximum security unit of any 
facility designated by the department, to an agency of the United 
States operating a mental hospital, or to a Department of Veterans 
Affairs hospital.
	(d)  If the defendant is not charged with an offense listed 
in Article 17.032(a) and the indictment does not allege an 
affirmative finding under Section 3g(a)(2), Article 42.12, the 
court shall enter an order committing the defendant to a mental 
health facility or residential care facility determined to be 
appropriate by the local mental health authority or local mental 
retardation authority.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.  
Subsecs. (c), (d) amended by Acts 2005, 79th Leg., ch. 324, Sec. 9, 
eff. Sept. 1, 2005.

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Last modified: August 10, 2007