reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 46B.107 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|Article 46B.107. Release of Defendant After Civil Commitment

(a)  The release of a defendant committed under this chapter from the commission, an outpatient treatment program, or another facility is subject to disapproval by the committing court if the court or the attorney representing the state has notified the head of the facility or outpatient treatment provider, as applicable, to which the defendant has been committed that a criminal charge remains pending against the defendant.(b)  If the head of the facility or outpatient treatment provider to which a defendant has been committed under this chapter determines that the defendant should be released from the facility, the head of the facility or outpatient treatment provider shall notify the committing court and the sheriff of the county from which the defendant was committed in writing of the release not later than the 14th day before the date on which the facility or outpatient treatment provider intends to release the defendant.(c)  The head of the facility or outpatient treatment provider shall provide with the notice a written statement that states an opinion as to whether the defendant to be released has attained competency to stand trial.(d)  The court shall, on receiving notice from the head of a facility or outpatient treatment provider of intent to release the defendant under Subsection (b), hold a hearing to determine whether release is appropriate under the applicable criteria in Subtitle C or D, Title 7, Health and Safety Code.  The court may, on motion of the attorney representing the state or on its own motion, hold a hearing to determine whether release is appropriate under the applicable criteria in Subtitle C or D, Title 7, Health and Safety Code, regardless of whether the court receives notice that the head of a facility or outpatient treatment provider provides notice of intent to release the defendant under Subsection (b).  The court may conduct the hearing:(1)  at the facility; or(2)  by means of an electronic broadcast system as provided by Article 46B.013.(e)  If the court determines that release is not appropriate, the court shall enter an order directing the head of the facility or the outpatient treatment provider to not release the defendant.(f)  If an order is entered under Subsection (e), any subsequent proceeding to release the defendant is subject to this article.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 24, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 14, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.022, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 9, eff. June 14, 2019.Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 12, eff. September 1, 2019.|
TX Code Crim Pro art 46B.108 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 the defendant has been restored to competency.(b)  An inquiry into restoration of competency under this subchapter may be made at the request of the head of the mental health facility, outpatient treatment provider, or residential care facility to which the defendant has been committed, the defendant, the attorney representing the defendant, or the attorney representing the state, or may be made on the court's own motion.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 25, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 15, eff. September 1, 2007.|
TX Code Crim Pro art 46B.109 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 to stand trial may request the court to determine that the defendant has been restored to competency.(b)  The head of the facility or outpatient treatment provider shall provide with the request a written statement that in their opinion the defendant is competent to stand trial.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 16, eff. September 1, 2007.|
TX Code Crim Pro art 46B.110 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 restored to competency.(b)  A motion for a determination of competency may be accompanied by affidavits supporting the moving party's assertion that the defendant is competent.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 26, eff. September 1, 2005.|
TX Code Crim Pro art 46B.111 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 own motion to inquire into restoration of competency, the court may appoint disinterested experts to examine the defendant in accordance with Subchapter B.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.112 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 own motion to inquire into restoration of competency, the court shall find the defendant competent to stand trial and proceed in the same manner as if the defendant had been found restored to competency at a hearing if:(1) both parties agree that the defendant is competent to stand trial;  and(2) the court concurs.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.113 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 been committed as a result of a finding of incompetency to stand trial to determine whether the defendant has been restored to competency.(b)  The court may hold a hearing on a motion to determine whether the defendant has been restored to competency or on the court's decision on its own motion to inquire into restoration of competency, and shall hold a hearing if a motion and any supporting material establish good reason to believe the defendant may have been restored to competency.(c)  If a court holds a hearing under this article, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination.  If the competency determination will be made by the court rather than a jury, the court may conduct the hearing:(1)  at the facility; or(2)  by means of an electronic broadcast system as provided by Article 46B.013.(d)  If the head of a facility or outpatient treatment provider to which the defendant was committed as a result of a finding of incompetency to stand trial has provided an opinion that the defendant has regained competency, competency is presumed at a hearing under this subchapter and continuing incompetency must be proved by a preponderance of the evidence.(e)  If the head of a facility or outpatient treatment provider has not provided an opinion described by Subsection (d), incompetency is presumed at a hearing under this subchapter and the defendant's competency must be proved by a preponderance of the evidence.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 27, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 17, eff. September 1, 2007.|
TX Code Crim Pro art 46B.114 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 electronic broadcast system as described by this subchapter, an order setting a hearing to determine whether the defendant has been restored to competency shall direct that, as soon as practicable but not earlier than 72 hours before the date the hearing is scheduled, the defendant be placed in the custody of the sheriff of the county in which the committing court is located or the sheriff's designee for transportation to the court.  The sheriff or the sheriff's designee may not take custody of the defendant under this article until 72 hours before the date the hearing is scheduled.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 28, eff. September 1, 2005.|
TX Code Crim Pro art 46B.115 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 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.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 29, eff. September 1, 2005.|
TX Code Crim Pro art 46B.116 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.117 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter E. Civil Commitment: Charges Pending|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 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 or outpatient treatment program.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 30, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 18, eff. September 1, 2007.|
TX Code Crim Pro art 46B.151 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter F. Civil Commitment: Charges Dismissed|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 court is permitted by Article 46B.004(e) to proceed under this subchapter, the court shall determine whether there is evidence to support a finding that the defendant is either a person with mental illness or a person with an intellectual disability.(b)  If it appears to the court that there is evidence to support a finding of mental illness or an intellectual disability, the court shall enter an order transferring the defendant to the appropriate court for civil commitment proceedings and stating that all charges pending against the defendant in that court have been dismissed.  The court may order the defendant:(1)  detained in jail or any other suitable place pending the prompt initiation and prosecution by the attorney for the state or other person designated by the court of appropriate civil proceedings to determine whether the defendant will be committed to a mental health facility or residential care facility; or(2)  placed in the care of a responsible person on satisfactory security being given for the defendant's proper care and protection.(c)  Notwithstanding Subsection (b), a defendant placed in a facility of the commission pending civil hearing under this article may be detained in that facility only with the consent of the head of the facility and pursuant to an order of protective custody issued under Subtitle C, Title 7, Health and Safety Code.(d) If the court does not detain or place the defendant under Subsection (b), the court shall release the defendant.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 32, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 33, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 19, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.023, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 10, eff. June 14, 2019.Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 13, eff. September 1, 2019.|
TX Code Crim Pro art 46B.171 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . G. Provisions Applicable to Subchapters E and F|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 Subchapter E or F be prepared as soon as possible by the court reporters; and(2)  copies of documents listed in Article 46B.076 accompany the defendant to the mental health facility, outpatient treatment program, or residential care facility.(b)  On the request of the defendant or the attorney representing the defendant, a mental health facility, an outpatient treatment program, or a residential care facility shall provide to the defendant or the attorney copies of the facility's records regarding the defendant.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 34, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 19, eff. September 1, 2007.
TX Code Crim Pro art 46C.001 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter A. General Provisions|Article 46C.001. Definitions

In this chapter:(1)  "Commission" means the Health and Human Services Commission.(2)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(3)  "Mental illness" has the meaning assigned by Section 571.003, Health and Safety Code.(4)  "Mental retardation" has the meaning assigned by Section 591.003, Health and Safety Code.(5)  "Residential care facility" has the meaning assigned by Section 591.003, Health and Safety Code.|Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 11, eff. June 14, 2019.Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 14, eff. September 1, 2019.|
TX Code Crim Pro art 46C.0011 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter A. General Provisions|Article 46C.0011. Facility Designation

The commission may designate for the commitment of a defendant under this chapter only a facility operated by the commission or under a contract with the commission for that purpose.|Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 12, eff. June 14, 2019.Added by Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 15, eff. September 1, 2019.|
TX Code Crim Pro art 46C.002 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter A. General Provisions|Article 46C.002. Maximum Period of Commitment Determined by Maximum Term for Offense

(a)  A person acquitted by reason of insanity may not be committed to a mental hospital or other inpatient or residential care facility or ordered to receive outpatient or community-based treatment and supervision under Subchapter F for a cumulative period that exceeds the maximum term provided by law for the offense for which the acquitted person was tried.(b)  On expiration of that maximum term, the acquitted person may be further confined in a mental hospital or other inpatient or residential care facility or ordered to receive outpatient or community-based treatment and supervision only under civil commitment proceedings.|Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.|
TX Code Crim Pro art 46C.003 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter A. General Provisions|Article 46C.003. Victim Notification of Release

If the court issues an order that requires the release of an acquitted person on discharge or on a regimen of outpatient care, the clerk of the court issuing the order, using the information provided on any victim impact statement received by the court under Subchapter D, Chapter 56A or other information made available to the court, shall notify the victim or the victim's guardian or close relative of the release. Notwithstanding Article 56A.156, the clerk of the court may inspect a victim impact statement for the purpose of notification under this article. On request, a victim assistance coordinator may provide the clerk of the court with information or other assistance necessary for the clerk to comply with this article.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.18, eff. January 1, 2021.|
TX Code Crim Pro art 46C.051 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter B. Raising the Insanity Defense|Article 46C.051. Notice of Intent to Raise Insanity Defense

(a)  A defendant planning to offer evidence of the insanity defense must file with the court a notice of the defendant's intention to offer that evidence.(b)  The notice must:(1)  contain a certification that a copy of the notice has been served on the attorney representing the state; and(2)  be filed at least 20 days before the date the case is set for trial, except as described by Subsection (c).(c)  If before the 20-day period the court sets a pretrial hearing, the defendant shall give notice at the hearing.|Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.|
TX Code Crim Pro art 46C.052 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter B. Raising the Insanity Defense|Article 46C.052. Effect of Failure to Give Notice

Unless notice is timely filed under Article 46C.051, evidence on the insanity defense is not admissible unless the court finds that good cause exists for failure to give notice.|Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.|
TX Code Crim Pro art 46C.101 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46C - Insanity Defense|Subchapter C. Court-Ordered Examination and Report|Article 46C.101. Appointment of Experts

(a)  If notice of intention to raise the insanity defense is filed under Article 46C.051, the court may, on its own motion or motion by the defendant, the defendant's counsel, or the attorney representing the state, appoint one or more disinterested experts to:(1)  examine the defendant with regard to the insanity defense; and(2)  testify as to the issue of insanity at any trial or hearing involving that issue.(b)  The court shall advise an expert appointed under this article of the facts and circumstances of the offense with which the defendant is charged and the elements of the insanity defense.|Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.|