(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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46B - Incompetency to Stand Trial
Subchapter . A. General Provisions
Article 46B.002. Applicability
Article 46B.0021. Facility Designation
Article 46B.003. Incompetency; Presumptions
Article 46B.004. Raising Issue of Incompetency to Stand Trial
Article 46B.005. Determining Incompetency to Stand Trial
Article 46B.006. Appointment of and Representation by Counsel
Article 46B.007. Admissibility of Statements and Certain Other Evidence
Article 46B.008. Rules of Evidence
Article 46B.010. Mandatory Dismissal of Misdemeanor Charges
Article 46B.012. Compliance With Chapter
Article 46B.013. Use of Electronic Broadcast System in Certain Proceedings Under This Chapter