(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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46B - Incompetency to Stand Trial
Subchapter E. Civil Commitment: Charges Pending
Article 46B.101. Applicability
Article 46B.102. Civil Commitment Hearing: Mental Illness
Article 46B.103. Civil Commitment Hearing: Intellectual Disability
Article 46B.104. Civil Commitment Placement: Finding of Violence
Article 46B.105. Transfer Following Civil Commitment Placement
Article 46B.1055. Modification of Order Following Inpatient Civil Commitment Placement
Article 46B.106. Civil Commitment Placement: No Finding of Violence
Article 46B.107. Release of Defendant After Civil Commitment
Article 46B.108. Redetermination of Competency
Article 46B.109. Request by Head of Facility or Outpatient Treatment Provider
Article 46B.111. Appointment of Examiners
Article 46B.112. Determination of Restoration With Agreement
Article 46B.113. Determination of Restoration Without Agreement
Article 46B.114. Transportation of Defendant to Court
Article 46B.115. Subsequent Redeterminations of Competency
Article 46B.116. Disposition on Determination of Competency
Article 46B.117. Disposition on Determination of Incompetency