Texas Code of Criminal Procedure - Article 46B.080. Notice To Committing Court
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46B.080. Notice To Committing Court
Art. 46B.080. NOTICE TO COMMITTING COURT. (a) The head of a
facility to which a defendant has been committed under this
subchapter, not later than the 14th day before the date on which a
commitment order is to expire, shall notify the committing court
that the term of the commitment is about to expire.
(b) The head of the facility to which a defendant has been
committed under this subchapter shall promptly notify the
committing court when the head of the facility is of the opinion
that:
(1) the defendant has attained competency to stand trial;
or
(2) the defendant will not attain competency in the
foreseeable future.
(c) When the head of the facility gives notice to the court
under Subsection (a) or (b), the head of the facility also shall
file a final report with the court stating the reason for the
proposed discharge under this chapter and including a list of the
types and dosages of medications with which the defendant was
treated for mental illness while in the facility. The court shall
provide copies of the report to the attorney representing the
defendant and the attorney representing the state.
(d) If the head of the facility to which the defendant has
been committed notifies the court that the commitment order is
about to expire, the notice may contain a request for an extension
of the commitment order for a period of 60 days and an explanation
for the basis of the request.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by Acts 2005, 79th Leg., ch. 324, Sec. 12, eff. Sept. 1,
2005.
Article: 46B.073 46B.074 46B.075 46B.076 46B.077 46B.078 46B.079 46B.080 46B.081 46B.082 46B.083 46B.084 46B.085 46B.086 46B.101
Texas Lawyers
Last modified: August 10, 2007
| 