Texas Code Of Criminal Procedure Title 1, Chapter 46b - Incompetency To Stand Trial

SUBCHAPTER A GENERAL PROVISIONS

• Texas Article 46B.001 - Definitions
  In this chapter: (1) "Inpatient mental health facility" has the meaning assigned by Section 571.003, Health and Safety Code. (2) "Intellectual disability" has the meaning...
• Texas Article 46B.002 - Applicability
  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,...
• Texas Article 46B.003 - Incompetency; Presumptions
  (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...
• Texas Article 46B.004 - Raising Issue Of Incompetency To Stand Trial
  (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...
• Texas Article 46B.005 - Determining Incompetency To Stand Trial
  (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...
• Texas Article 46B.006 - Appointment Of And Representation By Counsel
  (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...
• Texas Article 46B.007 - Admissibility Of Statements And Certain Other Evidence
  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...
• Texas Article 46B.008 - Rules Of Evidence
  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...
• Texas Article 46B.009 - Time Credits
  A court sentencing a person convicted of a criminal offense shall credit to the term of the person's sentence each of the following periods for...
• Texas Article 46B.0095 - Maximum Period Of Commitment Or Outpatient Treatment Program Participation Determined By Maximum Term For Offense
  (a) A defendant may not, under Subchapter D or E or any other provision of this chapter, be committed to a mental hospital or other...
• Texas Article 46B.010 - Mandatory Dismissal Of Misdemeanor Charges
  If a court orders that a defendant charged with a misdemeanor punishable by confinement be committed to a mental hospital or other inpatient or residential...
• Texas Article 46B.011 - Appeals
  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...
• Texas Article 46B.012 - Compliance With Chapter
  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...

SUBCHAPTER B EXAMINATION

• Texas Article 46B.013 - Use Of Electronic Broadcast System In Certain Proceedings Under This Chapter
  (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...
• Texas Article 46B.021 - Appointment Of Experts
  (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...
• Texas Article 46B.022 - Experts: Qualifications
  (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...
• Texas Article 46B.023 - Custody Status
  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...
• Texas Article 46B.024 - Factors Considered In Examination
  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...
• Texas Article 46B.025 - Expert's Report
  (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...
• Texas Article 46B.026 - Report Deadline
  (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...

SUBCHAPTER C INCOMPETENCY TRIAL

• Texas Article 46B.027 - Compensation Of Experts; Reimbursement Of Facilities
  (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...
• Texas Article 46B.051 - Trial Before Judge Or Jury
  (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...
• Texas Article 46B.052 - Jury Verdict
  (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...
• Texas Article 46B.053 - Procedure After Finding Of Competency
  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...
• Texas Article 46B.054 - Uncontested Incompetency
  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...

SUBCHAPTER D PROCEDURES AFTER DETERMINATION OF INCOMPETENCY

• Texas Article 46B.055 - Procedure After Finding Of Incompetency
  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....
• Texas Article 46B.071 - Options On Determination Of Incompetency
  (a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall: (1) commit the defendant...
• Texas Article 46B.072 - Release On Bail
  Art. 46B.072. RELEASE ON BAIL. (a) This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071....
• Texas Article 46B.073 - Commitment For Restoration To Competency
  (a) This article applies only to a defendant not released on bail who is subject to an initial restoration period based on Article 46B.071. (b)...
• Texas Article 46B.074 - Competent Testimony Required
  (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...
• Texas Article 46B.075 - Transfer Of Defendant To Facility Or Outpatient Treatment Program
  An order issued under Article 46B.072 or 46B.073 must place the defendant in the custody of the sheriff for transportation to the facility or outpatient...
• Texas Article 46B.0755 - Procedures On Credible Evidence Of Immediate Restoration
  (a) Notwithstanding any other provision of this subchapter, if the court receives credible evidence indicating that the defendant has been restored to competency at any...
• Texas Article 46B.076 - Court's Order
  (a) If the defendant is found incompetent to stand trial, not later than the date of the order of commitment or of release on bail,...
• Texas Article 46B.077 - Individual Treatment Program
  (a) The facility to which the defendant is committed or the outpatient treatment program to which the defendant is released on bail shall: (1) develop...
• Texas Article 46B.078 - Charges Subsequently Dismissed
  If the charges pending against a defendant are dismissed, the court that issued the order under Article 46B.072 or 46B.073 shall send a copy of...
• Texas Article 46B.079 - Notice And Report To Court
  (a) The head of the facility or the provider of the outpatient treatment program, as appropriate, not later than the 15th day before the date...
• Texas Article 46B.080 - Extension Of Order
  (a) On a request of the head of a facility or a treatment program provider that is made under Article 46B.079(d) and notwithstanding any other...
• Texas Article 46B.081 - Return To Court
  Subject to Article 46B.082(b), a defendant committed or released on bail under this subchapter shall be returned to the applicable court as soon as practicable...
• Texas Article 46B.082 - Transportation Of Defendant
  (a) On notification from the court under Article 46B.078, the sheriff of the county in which the court is located or the sheriff's designee shall...
• Texas Article 46B.083 - Supporting Commitment Information Provided By Facility Head Or Outpatient Treatment Program Provider
  (a) If the head of the facility or outpatient treatment program provider believes that the defendant is a person with mental illness and meets the...
• Texas Article 46B.084 - Proceedings On Return Of Defendant To Court
  (a)(1) Not later than the next business day following the return of a defendant to the court, the court shall notify the attorney representing the...
• Texas Article 46B.085 - Subsequent Restoration Periods And Extensions Of Those Periods Prohibited
  (a) The court may order only one initial period of restoration and one extension under this subchapter in connection with the same offense. (b) After...
• Texas Article 46B.086 - Court-ordered Medications
  (a) This article applies only to a defendant: (1) who is determined under this chapter to be incompetent to stand trial; (2) who either: (A)...

SUBCHAPTER E CIVIL COMMITMENT: CHARGES PENDING

• Texas Article 46B.090 - Jail-based Restoration Of Competency Pilot Program
  (a) In this article, "department" means the Department of State Health Services. (a-1) If the legislature appropriates to the department the funding necessary for the...
• Texas Article 46B.101 - Applicability
  This subchapter applies to a defendant against whom a court is required to proceed according to Article 46B.084(e) or according to the court's appropriate determination...
• Texas Article 46B.102 - Civil Commitment Hearing: Mental Illness
  (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...
• Texas Article 46B.103 - Civil Commitment Hearing: Intellectual Disability
  (a) If it appears to the court that the defendant may be a person with an intellectual disability, the court shall hold a hearing to...
• Texas Article 46B.104 - Civil Commitment Placement: Finding Of Violence
  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...
• Texas Article 46B.104 - Civil Commitment Placement: Finding Of Violence
  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...
• Texas Article 46B.105 - Transfer Following Civil Commitment Placement
  (a) Unless a defendant is determined to be manifestly dangerous by a review board established under Subsection (b), not later than the 60th day after...
• Texas Article 46B.106 - Civil Commitment Placement: No Finding Of Violence
  (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,...
• Texas Article 46B.107 - Release Of Defendant After Civil Commitment
  (a) The release of a defendant committed under this chapter from the Department of State Health Services, the Department of Aging and Disability Services, an...
• Texas Article 46B.108 - Redetermination Of Competency
  (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...
• Texas Article 46B.109 - Request By Head Of Facility Or Outpatient Treatment Provider
  (a) The head of a facility or outpatient treatment provider to which a defendant has been committed as a result of a finding of incompetency...
• Texas Article 46B.110 - Motion By Defendant, Attorney Representing Defendant, Or Attorney Representing State
  (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...
• Texas Article 46B.111 - Appointment Of Examiners
  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...
• Texas Article 46B.112 - Determination Of Restoration With Agreement
  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...
• Texas Article 46B.113 - Determination Of Restoration Without Agreement
  (a) The court shall hold a hearing on a request by the head of a facility or outpatient treatment provider to which a defendant has...
• Texas Article 46B.114 - Transportation Of Defendant To Court
  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...
• Texas Article 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...
• Texas Article 46B.116 - Disposition On Determination Of Competency
  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,...

SUBCHAPTER F CIVIL COMMITMENT: CHARGES DISMISSED

• Texas Article 46B.117 - Disposition On Determination Of Incompetency
  If a defendant under order of commitment to a facility or outpatient treatment program is found to not have been restored to competency to stand...

SUBCHAPTER G PROVISIONS APPLICABLE TO SUBCHAPTERS E AND F

• Texas Article 46B.151 - Court Determination Related To Civil Commitment
  (a) If a court is required by Article 46B.084(f) or by its appropriate determination under Article 46B.071 to proceed under this subchapter, or if the...
• Texas Article 46B.171 - Transcripts And Other Records
  (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: September 28, 2016