reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter . B. Examination › 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 by the expert, the following:
(1)  the capacity of the defendant during criminal proceedings to:
(A)  rationally understand the charges against the defendant and the potential consequences of the pending criminal proceedings;
(B)  disclose to counsel pertinent facts, events, and states of mind;
(C)  engage in a reasoned choice of legal strategies and options;
(D)  understand the adversarial nature of criminal proceedings;
(E)  exhibit appropriate courtroom behavior; and
(F)  testify;
(2)  as supported by current indications and the defendant's personal history, whether the defendant:
(A)  is a person with mental illness; or
(B)  is a person with an intellectual disability;
(3)  whether the identified condition has lasted or is expected to last continuously for at least one year;
(4)  the degree of impairment resulting from the mental illness or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with counsel in a reasonable and rational manner; and
(5)  if the defendant is taking psychoactive or other medication:
(A)  whether the medication is necessary to maintain the defendant's competency; and
(B)  the effect, if any, of the medication on the defendant's appearance, demeanor, or ability to participate in the proceedings.
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. 7, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.008, eff. April 2, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter . B. Examination › 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 is unable to state such an opinion and must also:
(1)  identify and address specific issues referred to the expert for evaluation;
(2)  document that the expert explained to the defendant the purpose of the evaluation, the persons to whom a report on the evaluation is provided, and the limits on rules of confidentiality applying to the relationship between the expert and the defendant;
(3)  in specific terms, describe procedures, techniques, and tests used in the examination, the purpose of each procedure, technique, or test, and the conclusions reached; and
(4)  state the expert's clinical observations, findings, and opinions on each specific issue referred to the expert by the court, state the specific criteria supporting the expert's diagnosis, and state specifically any issues on which the expert could not provide an opinion.
(a-1)  The expert's opinion on the defendant's competency or incompetency may not be based solely on the defendant's refusal to communicate during the examination.
(b)  If in the opinion of an expert appointed under Article 46B.021 the defendant is incompetent to proceed, the expert shall state in the report:
(1)  the symptoms, exact nature, severity, and expected duration of the deficits resulting from the defendant's mental illness or intellectual disability, if any, and the impact of the identified condition on the factors listed in Article 46B.024;
(2)  an estimate of the period needed to restore the defendant's competency, including whether the defendant is likely to be restored to competency in the foreseeable future; and
(3)  prospective treatment options, if any, appropriate for the defendant.
(c) An expert's report may not state the expert's opinion on the defendant's sanity at the time of the alleged offense, if in the opinion of the expert the defendant is incompetent to proceed.
(d)  The court shall direct an expert to provide the expert's report to the court and the appropriate parties in the form approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments under Section 614.0032(b), Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1269 (H.B. 2194), Sec. 1, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 8, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.009, eff. April 2, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter . B. Examination › 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 trial to the court, the attorney representing the state, and the attorney representing the defendant not later than the 30th day after the date on which the expert was ordered to examine the defendant and prepare the report.
(b) For good cause shown, the court may permit an expert to complete the examination and report and provide the report to the court and attorneys at a date later than the date required by Subsection (a).
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(1), eff. September 1, 2017.
(d)  The court shall submit to the Office of Court Administration of the Texas Judicial System on a monthly basis the number of reports provided to the court under this article.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1269 (H.B. 2194), Sec. 2, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 9, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(1), eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter . B. Examination › 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 Articles 46B.021(a)(1) and (2).  If those services are provided by an expert who is an employee of the local mental health authority or local intellectual and developmental disability authority, the county shall pay the authority for the services.
(b)  The county in which the indictment was returned or information was filed shall reimburse a facility that accepts a defendant for examination under this chapter for expenses incurred that are reasonably necessary and incidental to the proper examination of 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. 6.010, eff. April 2, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter C. Incompetency Trial › 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 motion of the court, a jury shall make the determination.
(b)  The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).
(c)  If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must 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. 6, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter C. Incompetency Trial › 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 state in its verdict whether the defendant is incompetent to stand trial.
(b) The verdict must be concurred in by each juror.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter C. Incompetency Trial › 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 jury determines that the defendant is competent and the trial on the merits is to be held before a jury, the court shall continue the trial with another jury selected for that purpose.
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. 7, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter C. Incompetency Trial › 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 agree that the defendant is incompetent to stand trial, the court shall proceed in the same manner as if a jury had been impaneled and had found the defendant incompetent to stand trial.
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. 7, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter C. Incompetency Trial › 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. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › 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)  if the defendant is charged with an offense punishable as a Class B misdemeanor:
(A)   release the defendant on bail under Article 46B.0711; or
(B)  commit the defendant to:
(i)  a jail-based competency restoration program under Article 46B.073(e); or
(ii)  a mental health facility or residential care facility under Article 46B.073(f); or
(2)  if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:
(A)  release the defendant on bail under Article 46B.072; or
(B)  commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).
(b)  On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:
(1)  proceed under Subchapter E or F; or
(2)  release the defendant on bail as permitted under Chapter 17.
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. 9, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.0711. Release on Bail for Class B Misdemeanor

(a)  This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.
(b)  Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant charged with an offense punishable as a Class B misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court shall:
(1)  release the defendant on bail or continue the defendant's release on bail; and
(2)  order the defendant to participate in an outpatient competency restoration program for a period not to exceed 60 days.
(c)  Notwithstanding Subsection (b), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:
(1)  the court receives and approves a comprehensive plan that:
(A)  provides for the treatment of the defendant for purposes of competency restoration; and
(B)  identifies the person who will be responsible for providing that treatment to the defendant; and
(2)  the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.
(d)  An order issued under this article may require the defendant to participate in:
(1)  as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides competency restoration services; and
(2)  an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment.
Added by Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.072. Release on Bail for Felony or Class a Misdemeanor

(a)  This article applies only to a defendant who is subject to an initial restoration period based on Article 46B.071.
(a-1)  Subject to conditions reasonably related to ensuring public safety and the effectiveness of the defendant's treatment, if the court determines that a defendant charged with an offense punishable as a felony or a Class A misdemeanor and found incompetent to stand trial is not a danger to others and may be safely treated on an outpatient basis with the specific objective of attaining competency to stand trial, and an appropriate outpatient competency restoration program is available for the defendant, the court:
(1)  may release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a felony or may continue the defendant's release on bail; and
(2)  shall release on bail a defendant found incompetent to stand trial with respect to an offense punishable as a Class A misdemeanor or shall continue the defendant's release on bail.
(b)  The court shall order a defendant released on bail under Subsection (a-1) to participate in an outpatient competency restoration program for a period not to exceed 120 days.
(c)  Notwithstanding Subsection (a-1), the court may order a defendant to participate in an outpatient competency restoration program under this article only if:
(1)  the court receives and approves a comprehensive plan that:
(A)  provides for the treatment of the defendant for purposes of competency restoration; and
(B)  identifies the person who will be responsible for providing that treatment to the defendant; and
(2)  the court finds that the treatment proposed by the plan will be available to and will be provided to the defendant.
(d)  An order issued under this article may require the defendant to participate in:
(1)  as appropriate, an outpatient competency restoration program administered by a community center or an outpatient competency restoration program administered by any other entity that provides outpatient competency restoration services; and
(2)  an appropriate prescribed regimen of medical, psychiatric, or psychological care or treatment, including care or treatment involving the administration of psychoactive medication, including those required under Article 46B.086.
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. 3, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 10, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.0735. Date Competency Restoration Period Begins

The initial restoration period for a defendant under Article 46B.0711, 46B.072, or 46B.073 begins on the later of:
(1)  the date the defendant is:
(A)  ordered to participate in an outpatient competency restoration program; or
(B)  committed to a mental health facility, residential care facility, or jail-based competency restoration program; or
(2)  the date competency restoration services actually begin.
Added by Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.074. Competent Testimony Required

(a)  A defendant may be committed to a jail-based competency restoration program, mental health facility, or residential care facility under this subchapter only on competent medical or psychiatric testimony provided by an expert qualified under Article 46B.022.
(b)  The court may allow an expert to substitute the expert's report under Article 46B.025 for any testimony by the expert that may be required under 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. 10, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.075. Transfer of Defendant to Facility or Program

An order issued under Article 46B.0711, 46B.072, or 46B.073 must place the defendant in the custody of the sheriff or sheriff's deputy for transportation to the facility or program, as applicable, in which the defendant is to receive competency restoration services.
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. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › 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 time after the defendant's incompetency trial under Subchapter C but before the defendant is transported under Article 46B.075 to the facility or program, as applicable, the court may appoint disinterested experts to reexamine the defendant in accordance with Subchapter B.  The court is not required to appoint the same expert or experts who performed the initial examination of the defendant under that subchapter.
(b)  If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant remains incompetent, the court's order under Article 46B.0711, 46B.072, or 46B.073 remains in effect, and the defendant shall be transported to the facility or program as required by Article 46B.075.  If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant has been restored to competency, the court shall withdraw its order under Article 46B.0711, 46B.072, or 46B.073 and proceed under Subsection (c) or (d).
(c)  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.
(d)  The court shall hold a hearing to determine whether the defendant has been restored to competency if any party fails to agree or if the court fails to concur that the defendant is competent to stand trial.  If a court holds a hearing under this subsection, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination.  For purposes of the hearing, incompetency is presumed, and the defendant's competency must be proved by a preponderance of the evidence.  If after the hearing the defendant is again found to be incompetent to stand trial, the court shall issue a new order under Article 46B.0711, 46B.072, or 46B.073, as appropriate based on the defendant's current condition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 12, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › 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, as applicable, the court shall send a copy of the order to the applicable facility or program.  The court shall also provide to the facility or program copies of the following made available to the court during the incompetency trial:
(1)  reports of each expert;
(2)  psychiatric, psychological, or social work reports that relate to the mental condition of the defendant;
(3)  documents provided by the attorney representing the state or the attorney representing the defendant that relate to the defendant's current or past mental condition;
(4)  copies of the indictment or information and any supporting documents used to establish probable cause in the case;
(5)  the defendant's criminal history record; and
(6)  the addresses of the attorney representing the state and the attorney representing the defendant.
(b)  The court shall order that the transcript of all medical testimony received by the jury or court be promptly prepared by the court reporter and forwarded to the applicable facility or 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. 11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.012, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.077. Individual Treatment Program

(a)  The facility or jail-based competency restoration program to which the defendant is committed or the outpatient competency restoration program to which the defendant is released on bail shall:
(1)  develop an individual program of treatment;
(2)  assess and evaluate whether the defendant is likely to be restored to competency in the foreseeable future; and
(3)  report to the court and to the local mental health authority or to the local intellectual and developmental disability authority on the defendant's progress toward achieving competency.
(b)  If the defendant is committed to an inpatient mental health facility, residential care facility, or jail-based competency restoration program, the facility or program shall report to the court at least once during the commitment period.
(c)  If the defendant is released to an outpatient competency restoration program, the program shall report to the court:
(1)  not later than the 14th day after the date on which the defendant's competency restoration services begin; and
(2)  until the defendant is no longer released to the program, at least once during each 30-day period following the date of the report required by Subdivision (1).
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. 6, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.013, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46B - Incompetency to Stand Trial › Subchapter D. Procedures After Determination of Incompetency › Article 46B.078. Charges Subsequently Dismissed

If the charges pending against a defendant are dismissed, the court that issued the order under Article 46B.0711, 46B.072, or 46B.073 shall send a copy of the order of dismissal to the sheriff of the county in which the court is located and to the head of the facility, the provider of the jail-based competency restoration program, or the provider of the outpatient competency restoration program, as appropriate.  On receipt of the copy of the order, the facility or program shall discharge the defendant into the care of the sheriff or sheriff's deputy for transportation in the manner described by Article 46B.082.
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. 7, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 20, eff. September 1, 2017.