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Texas Code of Criminal Procedure - Chapter 46B Incompetency To Stand TrialLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 46B Incompetency To Stand Trial Sponsored LinksIn this chapter: (1) "Department" means the Department of State Health Services. (2) "Inpatient mental health facility" has the meaning assigned by Section 571.003, Health ... This chapter applies to a defendant charged with a felony or with a misdemeanor punishable by confinement. Added by Acts 2003, 78th Leg., ch. 35, ... (a) A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person's lawyer with ... (a) Either party may suggest by motion, or the trial court may suggest on its own motion, that the defendant may be incompetent to stand ... (a) If after an informal inquiry the court determines that evidence exists to support a finding of incompetency, the court shall order an examination under ... (a) A defendant is entitled to representation by counsel before any court-ordered competency evaluation and during any proceeding at which it is suggested that the ... A statement made by a defendant during an examination or trial on the defendant's incompetency, the testimony of an expert based on that statement, and ... Notwithstanding Rule 101, Texas Rules of Evidence, the Texas Rules of Evidence apply to a trial under Subchapter C or other proceeding under this chapter ... (a) A court sentencing a person convicted of a criminal offense shall credit to the term of the person's sentence the time the person is ... If a court commits a defendant who is charged with a misdemeanor punishable by confinement and the defendant is not tried before the second anniversary ... Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005. Added by Acts ... The failure of a person to comply with this chapter does not provide a defendant with a right to dismissal of charges. Added by Acts ... (a) A hearing may be conducted using an electronic broadcast system as permitted by this chapter and in accordance with the other provisions of this ... (a) On a suggestion that the defendant may be incompetent to stand trial, the court may appoint one or more disinterested experts to: (1) examine ... (a) To qualify for appointment under this subchapter as an expert, a psychiatrist or psychologist must: (1) as appropriate, be a physician licensed in this ... During an examination under this subchapter, except as otherwise ordered by the court, the defendant shall be maintained under the same custody or status as ... During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant ... (a) An expert's report to the court must state an opinion on a defendant's competency or incompetency to stand trial or explain why the expert ... (a) Except as provided by Subsection (b), an expert examining the defendant shall provide the report on the defendant' s competency or incompetency to stand ... (a) For any appointment under this chapter, the county in which the indictment was returned or information was filed shall pay for services described by ... (a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the ... (a) If a jury determination of the issue of incompetency to stand trial is required by Article 46B.051(a), the court shall require the jury to ... If the court or jury determines that the defendant is competent to stand trial, the court shall continue the trial on the merits. If a ... If the court finds that evidence exists to support a finding of incompetency to stand trial and the court and the counsel for each party ... If the defendant is found incompetent to stand trial, the court shall proceed under Subchapter D. Added by Acts 2003, 78th Leg., ch. 35, Sec. ... On a determination that a defendant is incompetent to stand trial, the court shall: (1) commit the defendant to a facility under Article 46B.073; or ... If the court determines that a defendant found incompetent to stand trial is not a danger to others and may be safely treated on an ... (a) This article applies only to a defendant not released on bail. (b) The court shall commit a defendant described by Subsection (a) to a ... (a) A defendant may be committed to a mental health facility or residential care facility under this subchapter only on competent medical or psychiatric testimony ... A commitment order issued under this subchapter must place the defendant in the custody of the sheriff for transportation to the facility in which the ... (a) If the defendant is found incompetent to stand trial, the court shall send a copy of the order to the facility to which the ... (a) The facility to which the defendant is committed shall: (1) develop an individual program of treatment; (2) assess and evaluate whether the defendant will ... If the charges pending against a defendant are dismissed, the committing court shall send a copy of the order of dismissal to the sheriff of ... (a) A defendant committed under this subchapter shall be returned to the committing court as soon as practicable after the date on which the defendant's ... (a) The head of a facility to which a defendant has been committed under this subchapter, not later than the 14th day before the date ... (a) On the request of the head of a facility made under Article 46B.080(d), the court may enter an order extending the term of the ... (a) On notification from the committing court under Article 46B.078, the sheriff of the county in which the committing court is located or the sheriff's ... (a) If the head of the facility believes that the defendant is a person with mental illness and meets the criteria for court-ordered inpatient mental ... (a) On the return of a defendant to the committing court, the court shall make a determination with regard to the defendant's competency to stand ... (a) The court may order only one commitment and one extension under this subchapter in connection with the same offense. (b) After a commitment and ... (a) This article applies only to a defendant: (1) who is determined under this chapter to be incompetent to stand trial; (2) for whom a ... This subchapter applies to a defendant against whom a court is required to proceed under Article 46B.084(e). Added by Acts 2003, 78th Leg., ch. 35, ... (a) If it appears to the court that the defendant may be a person with mental illness, the court shall hold a hearing to determine ... (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 ... A defendant committed to a facility as a result of proceedings initiated under this chapter shall be committed to the maximum security unit of any ... (a) Unless a defendant is determined to be manifestly dangerous by a department review board, not later than the 60th day after the date the ... (a) A defendant committed to a facility as a result of the proceedings initiated under this chapter, other than a defendant described by Article 46B.104, ... (a) The release from the department or a facility of a defendant committed under this chapter is subject to disapproval by the committing court if ... (a) If criminal charges against a defendant found incompetent to stand trial have not been dismissed, the trial court at any time may determine whether ... (a) The head of a facility to which a defendant has been committed as a result of a finding of incompetency to stand trial may ... (a) The defendant, the attorney representing the defendant, or the attorney representing the state may move that the court determine that the defendant has been ... On the filing of a request or motion to determine that the defendant has been restored to competency or on the court's decision on its ... On the filing of a request or motion to determine that the defendant has been restored to competency or on the court's decision on its ... (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 ... If the hearing is not conducted at the facility to which the defendant has been committed under this chapter or conducted by means of an ... (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 ... If the defendant is found competent to stand trial, the proceedings on the criminal charge may proceed. Added by Acts 2003, 78th Leg., ch. 35, ... (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 ... (a) If a court is required by Article 46B.084(f) or permitted by Article 46B.004(e) to proceed under this subchapter, the court shall determine whether there ... (a) The court shall order that: (1) a transcript of all medical testimony received in both the criminal proceedings and the civil commitment proceedings under ... Last modified: August 11, 2007 |