Texas Code of Criminal Procedure - Article 46B.103. Civil Commitment Hearing: Mental Retardation
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Art. 46B.103. CIVIL COMMITMENT HEARING: MENTAL
RETARDATION. (a) If it appears to the court that the defendant may
be a person with mental retardation, the court shall hold a hearing
to determine whether the defendant is a person with mental
retardation.
(b) Proceedings for commitment of the defendant to a
residential care facility are governed by Subtitle D, Title 7,
Health and Safety Code, to the extent that Subtitle D applies and
does not conflict with this chapter, except that the criminal court
shall conduct the proceedings whether or not the criminal court is
also a county court.
(c) If the court enters an order committing the defendant to
a residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle D,
Title 7, Health and Safety Code, except as otherwise provided by
this chapter; and
(2) released in conformity with Article 46B.107.
(d) In the proceedings conducted under this subchapter:
(1) an application for court-ordered temporary or extended
mental health services or to have the defendant declared a person
with mental retardation may not be required;
(2) the provisions of Subtitles C and D, Title 7, Health and
Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the
court of appeals as in the proceedings for court-ordered inpatient
mental health services under Subtitle C, Title 7, Health and Safety
Code, or for commitment to a residential care facility under
Subtitle D, Title 7, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by Acts 2005, 79th Leg., ch. 324, Sec. 19, eff. Sept. 1,
2005.
Article: 46B.082 46B.083 46B.084 46B.085 46B.086 46B.101 46B.102 46B.103 46B.104 46B.105 46B.106 Art. heading amended by Acts 2005, 79th Leg., ch. 324, Sec. 22, eff.
Sept. 1, 2005.
46B.107 46B.108 46B.109 46B.110
Last modified: August 11, 2007
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