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Texas Code of Criminal Procedure - Article 46B.117. Disposition On Determination Of Incompetency

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Art. 46B.117. DISPOSITION ON DETERMINATION OF INCOMPETENCY. (a) If a defendant under order of commitment to a facility is found to not have been restored to competency to stand trial, the court shall remand the defendant pursuant to that order of commitment, and, if applicable, order the defendant placed in the custody of the sheriff or the sheriff's designee for transportation back to the facility. (b) If a defendant not under order of commitment is found to not have been restored to competency to stand trial, the court shall order the defendant's custody status to remain unchanged. Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Subsec. (a) amended by Acts 2005, 79th Leg., ch. 324, Sec. 30, eff. Sept. 1, 2005.

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Last modified: August 11, 2007