Texas Code of Criminal Procedure - Article 46B.084. Proceedings On Return Of Defendant To Court
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Art. 46B.084. PROCEEDINGS ON RETURN OF DEFENDANT TO
COURT. (a) On the return of a defendant to the committing court,
the court shall make a determination with regard to the defendant's
competency to stand trial. The court may make the determination
based solely on the report filed under Article 46B.080(c), unless
any party objects in writing or in open court to the findings of the
report not later than the 15th day after the date on which the
report is served on the parties.
(b) If a party objects under Subsection (a), the issue shall
be set for a hearing. The hearing is before the court, except that
on motion by the defendant, the defense counsel, the prosecuting
attorney, or the court, the hearing shall be held before a jury.
(b-1) If the hearing is before the court, the hearing may be
conducted by means of an electronic broadcast system as provided by
Article 46B.013. Notwithstanding any other provision of this
chapter, the defendant is not required to be returned to the
committing court with respect to any hearing that is conducted
under this article in the manner described by this subsection.
(c) The hearing shall be held within 30 days following the
date of objection unless continued for good cause for a period not
to exceed 30 days.
(d) If the defendant is found competent to stand trial,
criminal proceedings against the defendant may be resumed.
(e) If the defendant is found incompetent to stand trial and
if all charges pending against the defendant are not dismissed, the
court shall proceed under Subchapter E.
(f) If the defendant is found incompetent to stand trial and
if all charges pending against the defendant are dismissed, the
court shall proceed under Subchapter F.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Subsecs. (a) and (c) amended by Acts 2005, 79th Leg., ch. 324, Sec.
15, eff. Sept. 1, 2005; Subsec. (b-1) added by Acts 2005, 79th
Leg., ch. 324, Sec. 15, eff. Sept. 1, 2005.
Article: 46B.077 46B.078 46B.079 46B.080 46B.081 46B.082 46B.083 46B.084 46B.085 46B.086 46B.101 46B.102 46B.103 46B.104 46B.105
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Last modified: August 10, 2007
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