Texas Code of Criminal Procedure - Article 46B.115. Subsequent Redeterminations Of Competency
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Art. 46B.115. SUBSEQUENT REDETERMINATIONS OF
COMPETENCY. (a) If the court has made a determination that a
defendant has not been restored to competency under this
subchapter, a subsequent request or motion for a redetermination of
competency filed before the 91st day after the date of that
determination must:
(1) explain why the person making the request or motion
believes another inquiry into restoration is appropriate; and
(2) provide support for the belief.
(b) The court may hold a hearing on a request or motion under
this article only if the court first finds reason to believe the
defendant's condition has materially changed since the prior
determination that the defendant was not restored to competency.
(c) If the competency determination will be made by the
court, the court may conduct the hearing at the facility to which
the defendant has been committed under this chapter or may conduct
the hearing by means of an electronic broadcast system as provided
by Article 46B.013.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Subsec. (c) added by Acts 2005, 79th Leg., ch. 324, Sec. 29, eff.
Sept. 1, 2005.
Article: 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 46C.002 46C.051
Last modified: August 11, 2007
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