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Texas Code of Criminal Procedure - Article 46C.104. Order Compelling Defendant To Submit To Examination

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 46C.104. Order Compelling Defendant To Submit To Examination

Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO 
EXAMINATION.  (a)  For the purposes described by this chapter, the 
court may order any defendant to submit to examination, including a 
defendant who is free on bail.  If the defendant fails or refuses to 
submit to examination, the court may order the defendant to custody 
for examination for a reasonable period not to exceed 21 days.  
Custody ordered by the court under this subsection may include 
custody at a facility operated by the department.
	(b)  If a defendant who has been ordered to a facility 
operated by the department for examination remains in the facility 
for a period that exceeds 21 days, the head of that facility shall 
cause the defendant to be immediately transported to the committing 
court and placed in the custody of the sheriff of the county in 
which the committing court is located.  That county shall reimburse 
the facility for the mileage and per diem expenses of the personnel 
required to transport the defendant, calculated in accordance with 
the state travel rules in effect at that time.
	(c)  The court may not order a defendant to a facility 
operated by the department for examination without the consent of 
the head of that facility.

Added by Acts 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.           

Last modified: August 11, 2007