Texas Code of Criminal Procedure - Article 46B.113. Determination Of Restoration Without Agreement
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Art. 46B.113. DETERMINATION OF RESTORATION WITHOUT
AGREEMENT. (a) The court shall hold a hearing on a request by the
head of a facility to which a defendant has been committed as a
result of a finding of incompetency to stand trial to determine
whether the defendant has been restored to competency.
(b) The court may hold a hearing on a motion to determine
whether the defendant has been restored to competency or on the
court's decision on its own motion to inquire into restoration of
competency, and shall hold a hearing if a motion and any supporting
material establish good reason to believe the defendant may have
been restored to competency.
(c) If a court holds a hearing under this article, on the
request of the counsel for either party or the motion of the court,
a jury shall make the competency determination. If the competency
determination will be made by the court rather than a jury, the
court may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as provided
by Article 46B.013.
(d) If the head of a facility to which the defendant was
committed as a result of a finding of incompetency to stand trial
has provided an opinion that the defendant has regained competency,
competency is presumed at a hearing under this subchapter and
continuing incompetency must be proved by a preponderance of the
evidence.
(e) If the head of a facility has not provided an opinion
described by Subsection (d), incompetency is presumed at a hearing
under this subchapter and the defendant's competency must be proved
by a preponderance of the evidence.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Subsec. (c) amended by Acts 2005, 79th Leg., ch. 324, Sec. 27, eff.
Sept. 1, 2005.
Article: 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 46B.111 46B.112 46B.113 46B.114 46B.115 46B.116 46B.117 46B.151 46B.171 46C.001
Last modified: August 11, 2007
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