reglab/housing_qa huggingface dataset:
TX Code Crim Pro § 2 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46 - Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability|Article 46.04. Transportation to a Mental Health Facility or Residential Care Facility|Section 2. Requirements for Transport

Sec. 2. REQUIREMENTS FOR TRANSPORT.  The transportation of a patient from a jail or detention facility to a mental health facility or residential care facility must meet the following requirements:(1) the patient must be transported directly to the facility within a reasonable amount of time and without undue delay;(2) a vehicle used to transport the patient must be adequately heated in cold weather and adequately ventilated in warm weather;(3) a special diet or other medical precautions recommended by the patient's physician must be followed;(4) the person transporting the patient shall give the patient reasonable opportunities to get food and water and to use a bathroom;  and(5) the patient may not be transported with a state prisoner.|Added by Acts 1999, 76th Leg., ch. 1512, Sec. 6, eff. Sept. 1, 1999.  Sec. 1(a) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.736, eff. Sept. 1, 2001.|
TX Code Crim Pro art 46B.001 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|Article 46B.001. Definitions

In this chapter:(1)  "Adaptive behavior" means the effectiveness with or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group.(2)  "Commission" means the Health and Human Services Commission.(3)  "Competency restoration" means the treatment or education process for restoring a person's ability to consult with the person's attorney with a reasonable degree of rational understanding, including a rational and factual understanding of the court proceedings and charges against the person.(4)  "Developmental period" means the period of a person's life from birth through 17 years of age.(5)  "Electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.(6)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(7)  "Inpatient mental health facility" has the meaning assigned by Section 571.003, Health and Safety Code.(8)  "Intellectual disability" means significantly subaverage general intellectual functioning that is concurrent with deficits in adaptive behavior and originates during the developmental period.(9)  "Local mental health authority" has the meaning assigned by Section 571.003, Health and Safety Code.(10)  "Local intellectual and developmental disability authority" has the meaning assigned by Section 531.002, Health and Safety Code.(11)  "Mental health facility" has the meaning assigned by Section 571.003, Health and Safety Code.(12)  "Mental illness" means an illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that grossly impairs:(A)  a person's thought, perception of reality, emotional process, or judgment; or(B)  behavior as demonstrated by recent disturbed behavior.(13)  "Residential care facility" has the meaning assigned by Section 591.003, Health and Safety Code.(14)  "Subaverage general intellectual functioning" means a measured intelligence two or more standard deviations below the age-group mean, using a standardized psychometric instrument.|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. 1, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.006, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 5, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 2, eff. June 14, 2019.Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 5, eff. September 1, 2019.|
TX Code Crim Pro art 46B.002 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.0021 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|Article 46B.0021. 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. 3, eff. June 14, 2019.Added by Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 6, eff. September 1, 2019.|
TX Code Crim Pro art 46B.003 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 a reasonable degree of rational understanding;  or(2) a rational as well as factual understanding of the proceedings against the person.(b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.004 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 trial.  A motion suggesting that the defendant may be incompetent to stand trial may be supported by affidavits setting out the facts on which the suggestion is made.(b) If evidence suggesting the defendant may be incompetent to stand trial comes to the attention of the court, the court on its own motion shall suggest that the defendant may be incompetent to stand trial.(c) On suggestion that the defendant may be incompetent to stand trial, the court shall determine by informal inquiry whether there is some evidence from any source that would support a finding that the defendant may be incompetent to stand trial.(c-1)  A suggestion of incompetency is the threshold requirement for an informal inquiry under Subsection (c) and may consist solely of a representation from any credible source that the defendant may be incompetent.  A further evidentiary showing is not required to initiate the inquiry, and the court is not required to have a bona fide doubt about the competency of the defendant.  Evidence suggesting the need for an informal inquiry may be based on observations made in relation to one or more of the factors described by Article 46B.024 or on any other indication that the defendant is incompetent within the meaning of Article 46B.003.(d)  If the court determines there is evidence to support a finding of incompetency, the court, except as provided by Subsection (e) and Article 46B.005(d), shall stay all other proceedings in the case.(e)  At any time during the proceedings under this chapter after the issue of the defendant's incompetency to stand trial is first raised, the court on the motion of the attorney representing the state may dismiss all charges pending against the defendant, regardless of whether there is any evidence to support a finding of the defendant's incompetency under Subsection (d) or whether the court has made a finding of incompetency under this chapter.  If the court dismisses the charges against the defendant, the court may not continue the proceedings under this chapter, except that, if there is evidence to support a finding of the defendant's incompetency under Subsection (d), the court may proceed under Subchapter F.  If the court does not elect to proceed under Subchapter F, the court shall discharge 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. 2, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 2, eff. September 1, 2011.|
TX Code Crim Pro art 46B.005 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 Subchapter B to determine whether the defendant is incompetent to stand trial in a criminal case.(b)  Except as provided by Subsection (c), the court shall hold a trial under Subchapter C before determining whether the defendant is incompetent to stand trial on the merits.(c)  A trial under this chapter is not required if:(1)  neither party's counsel requests a trial on the issue of incompetency;(2)  neither party's counsel opposes a finding of incompetency; and(3)  the court does not, on its own motion, determine that a trial is necessary to determine incompetency.(d)  If the issue of the defendant's incompetency to stand trial is raised after the trial on the merits begins, the court may determine the issue at any time before the sentence is pronounced.  If the determination is delayed until after the return of a verdict, the court shall make the determination as soon as reasonably possible after the return.  If a verdict of not guilty is returned, the court may not determine the issue of incompetency.|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. 3, eff. September 1, 2005.|
TX Code Crim Pro art 46B.006 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 defendant may be incompetent to stand trial.(b) If the defendant is indigent and the court has not appointed counsel to represent the defendant, the court shall appoint counsel as necessary to comply with Subsection (a).|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.007 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 evidence obtained as a result of that statement may not be admitted in evidence against the defendant in any criminal proceeding, other than at:(1)  a trial on the defendant's incompetency; or(2)  any proceeding at which the defendant first introduces into evidence a statement, testimony, or evidence described by 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. 3, eff. September 1, 2005.|
TX Code Crim Pro art 46B.008 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 whether the proceeding is before a jury or before the court.|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. 3, eff. September 1, 2005.|
TX Code Crim Pro art 46B.009 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 which the person may be confined in a mental health facility, residential care facility, or jail:(1)  any period of confinement that occurs pending a determination under Subchapter C as to the defendant's competency to stand trial; and(2)  any period of confinement that occurs between the date of any initial determination of the defendant's incompetency under that subchapter and the date the person is transported to jail following a final judicial determination that the person has been restored to competency.|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. 3, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 2, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748), Sec. 2, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 3, eff. September 1, 2011.|
TX Code Crim Pro art 46B.010 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 facility or to a jail-based competency restoration program, that the defendant participate in an outpatient competency restoration or treatment program, or that the defendant be subjected to any combination of inpatient treatment, outpatient competency restoration or treatment program participation, or jail-based competency restoration under this chapter, and the defendant is not tried before the expiration of the maximum period of restoration described by Article 46B.0095:(1)  on the motion of the attorney representing the state, the court shall dismiss the charge; or(2)  on the motion of the attorney representing the defendant and notice to the attorney representing the state, the court:(A)  shall set the matter to be heard not later than the 10th day after the date of filing of the motion; and(B)  may dismiss the charge on a finding that the defendant was not tried before the expiration of the maximum period of restoration.|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. 2, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748), Sec. 4, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 5, eff. September 1, 2011.Reenacted by Acts 2015, 84th Leg., R.S., Ch. 627 (S.B. 1326), Sec. 2, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 8, eff. September 1, 2017.|
TX Code Crim Pro art 46B.011 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 3, eff. September 1, 2005.|
TX Code Crim Pro art 46B.012 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|
TX Code Crim Pro art 46B.013 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . A. General Provisions|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 code if:(1)  written consent to the use of an electronic broadcast system is filed with the court by:(A)  the defendant or the attorney representing the defendant; and(B)  the attorney representing the state;(2)  the electronic broadcast system provides for a simultaneous, compressed full motion video, and interactive communication of image and sound between the judge, the attorney representing the state, the attorney representing the defendant, and the defendant; and(3)  on request of the defendant or the attorney representing the defendant, the defendant and the attorney representing the defendant are able to communicate privately without being recorded or heard by the judge or the attorney representing the state.(b)  On the motion of the defendant, the attorney representing the defendant, or the attorney representing the state or on the court's own motion, the court may terminate an appearance made through an electronic broadcast system at any time during the appearance and require an appearance by the defendant in open court.(c)  A recording of the communication shall be made and preserved until any appellate proceedings have been concluded.  The defendant may obtain a copy of the recording on payment of a reasonable amount to cover the costs of reproduction or, if the defendant is indigent, the court shall provide a copy to the defendant without charging a cost for the copy.|Added by Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 4, eff. September 1, 2005.|
TX Code Crim Pro art 46B.021 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|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 the defendant and report to the court on the competency or incompetency of the defendant;  and(2) testify as to the issue of competency or incompetency of the defendant at any trial or hearing involving that issue.(b) On a determination that evidence exists to support a finding of incompetency to stand trial, the court shall appoint one or more experts to perform the duties described by Subsection (a).(c) An expert involved in the treatment of the defendant may not be appointed to examine the defendant under this article.(d) The movant or other party as directed by the court shall provide to experts appointed under this article information relevant to a determination of the defendant's competency, including copies of the indictment or information, any supporting documents used to establish probable cause in the case, and previous mental health evaluation and treatment records.(e)  The court may appoint as experts under this chapter qualified psychiatrists or psychologists employed by the local mental health authority or local intellectual and developmental disability authority.  The local mental health authority or local intellectual and developmental disability authority is entitled to compensation and reimbursement as provided by Article 46B.027.(f) If a defendant wishes to be examined by an expert of the defendant's own choice, the court on timely request shall provide the expert with reasonable opportunity to examine the defendant.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.007, eff. April 2, 2015.|
TX Code Crim Pro art 46B.022 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|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 state or be a psychologist licensed in this state who has a doctoral degree in psychology; and(2)  have the following certification or training:(A)  as appropriate, certification by:(i)  the American Board of Psychiatry and Neurology with added or special qualifications in forensic psychiatry; or(ii)  the American Board of Professional Psychology in forensic psychology; or(B)  training consisting of:(i)  at least 24 hours of specialized forensic training relating to incompetency or insanity evaluations; and(ii)  at least eight hours of continuing education relating to forensic evaluations, completed in the 12 months preceding the appointment.(b) In addition to meeting qualifications required by Subsection (a), to be appointed as an expert a psychiatrist or psychologist must have completed six hours of required continuing education in courses in forensic psychiatry or psychology, as appropriate, in either of the reporting periods in the 24 months preceding the appointment.(c) A court may appoint as an expert a psychiatrist or psychologist who does not meet the requirements of Subsections (a) and (b) only if exigent circumstances require the court to base the appointment on professional training or experience of the expert that directly provides the expert with a specialized expertise to examine the defendant that would not ordinarily be possessed by a psychiatrist or psychologist who meets the requirements of Subsections (a) and (b).|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 6, eff. September 1, 2011.|
TX Code Crim Pro art 46B.023 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 46B - Incompetency to Stand Trial|Subchapter . B. Examination|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 the defendant was maintained under immediately before the examination began.|Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.|