Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subchapter . A. General Provisions
Article 46B.001. Definitions - (1) "Adaptive behavior" means the effectiveness with or degree to...
Article 46B.002. Applicability - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.0021. Facility Designation - Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B....
Article 46B.003. Incompetency; Presumptions - (1) sufficient present ability to consult with the person's lawyer...
Article 46B.004. Raising Issue of Incompetency to Stand Trial - (b) If evidence suggesting the defendant may be incompetent to...
Article 46B.005. Determining Incompetency to Stand Trial - (b) Except as provided by Subsection (c), the court shall...
Article 46B.006. Appointment of and Representation by Counsel - (b) If the defendant is indigent and the court has...
Article 46B.007. Admissibility of Statements and Certain Other Evidence - (1) a trial on the defendant's incompetency; or (2) any...
Article 46B.008. Rules of Evidence - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.009. Time Credits - (1) any period of confinement that occurs pending a determination...
Article 46B.0095. Maximum Period of Commitment or Program Participation Determined by Maximum Term for Offense - (b) On expiration of the maximum restoration period under Subsection...
Article 46B.010. Mandatory Dismissal of Misdemeanor Charges - (1) on the motion of the attorney representing the state,...
Article 46B.011. Appeals - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.012. Compliance With Chapter - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.013. Use of Electronic Broadcast System in Certain Proceedings Under This Chapter - (1) written consent to the use of an electronic broadcast...
Subchapter . B. Examination
Article 46B.021. Appointment of Experts - (1) examine the defendant and report to the court on...
Article 46B.022. Experts: Qualifications - (1) as appropriate, be a physician licensed in this state...
Article 46B.023. Custody Status - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.024. Factors Considered in Examination - (1) the capacity of the defendant during criminal proceedings to:...
Article 46B.025. Expert's Report - (1) identify and address specific issues referred to the expert...
Article 46B.026. Report Deadline - (b) For good cause shown, the court may permit an...
Article 46B.027. Compensation of Experts; Reimbursement of Facilities - (b) The county in which the indictment was returned or...
Subchapter C. Incompetency Trial
Article 46B.051. Trial Before Judge or Jury - (b) The court shall make the determination of incompetency if...
Article 46B.052. Jury Verdict - (b) The verdict must be concurred in by each juror....
Article 46B.053. Procedure After Finding of Competency - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.054. Uncontested Incompetency - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.055. Procedure After Finding of Incompetency - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Subchapter D. Procedures After Determination of Incompetency
Article 46B.071. Options on Determination of Incompetency - (1) if the defendant is charged with an offense punishable...
Article 46B.0711. Release on Bail for Class B Misdemeanor - (b) Subject to conditions reasonably related to ensuring public safety...
Article 46B.072. Release on Bail for Felony or Class a Misdemeanor - (a-1) Subject to conditions reasonably related to ensuring public safety...
Article 46B.073. Commitment for Restoration to Competency - (b) For purposes of further examination and competency restoration services...
Article 46B.0735. Date Competency Restoration Period Begins - (1) the date the defendant is: (A) ordered to participate...
Article 46B.074. Competent Testimony Required - (b) The court may allow an expert to substitute the...
Article 46B.075. Transfer of Defendant to Facility or Program - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.0755. Procedures on Credible Evidence of Immediate Restoration - (b) If after a reexamination of the defendant the applicable...
Article 46B.076. Court's Order - (1) reports of each expert; (2) psychiatric, psychological, or social...
Article 46B.077. Individual Treatment Program - (1) develop an individual program of treatment; (2) assess and...
Article 46B.078. Charges Subsequently Dismissed - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.079. Notice and Report to Court - (b) The head of the facility or jail-based competency restoration...
Article 46B.080. Extension of Order - (b) The court may enter an order under Subsection (a)...
Article 46B.0805. Competency Restoration Education Services - (b) If a defendant for whom an order is entered...
Article 46B.081. Return to Court - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.082. Transportation of Defendant to Court - (b) If before the 15th day after the date on...
Article 46B.0825. Administration of Medication While in Custody of Sheriff - (b) To the extent funds are appropriated for that purpose,...
Article 46B.083. Supporting Commitment Information Provided by Facility or Program - (b) If the head of the facility, the jail-based competency...
Article 46B.0831. Determination Whether Defendant Is Manifestly Dangerous - Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B....
Article 46B.084. Proceedings on Return of Defendant to Court - (2) Notwithstanding Subdivision (1), in a county with a population...
Article 46B.085. Subsequent Restoration Periods and Extensions of Those Periods Prohibited - (b) After an initial restoration period and an extension are...
Article 46B.086. Court-Ordered Medications - (1) who is determined under this chapter to be incompetent...
Article 46B.091. Jail-Based Competency Restoration Program Implemented by County - (a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 936...
Subchapter E. Civil Commitment: Charges Pending
Article 46B.101. Applicability - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.102. Civil Commitment Hearing: Mental Illness - (b) Proceedings for commitment of the defendant to court-ordered mental...
Article 46B.103. Civil Commitment Hearing: Intellectual Disability - (b) Proceedings for commitment of the defendant to a residential...
Article 46B.104. Civil Commitment Placement: Finding of Violence - (1) the defendant is charged with an offense listed in...
Article 46B.105. Transfer Following Civil Commitment Placement - (1) a unit of an inpatient mental health facility other...
Article 46B.1055. Modification of Order Following Inpatient Civil Commitment Placement - (b) The defendant, the head of the facility to which...
Article 46B.106. Civil Commitment Placement: No Finding of Violence - (1) a facility designated by the commission; or (2) an...
Article 46B.107. Release of Defendant After Civil Commitment - (b) If the head of the facility or outpatient treatment...
Article 46B.108. Redetermination of Competency - (b) An inquiry into restoration of competency under this subchapter...
Article 46B.109. Request by Head of Facility or Outpatient Treatment Provider - (b) The head of the facility or outpatient treatment provider...
Article 46B.110. Motion by Defendant, Attorney Representing Defendant, or Attorney Representing State - (b) A motion for a determination of competency may be...
Article 46B.111. Appointment of Examiners - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.112. Determination of Restoration With Agreement - (1) both parties agree that the defendant is competent to...
Article 46B.113. Determination of Restoration Without Agreement - (b) The court may hold a hearing on a motion...
Article 46B.114. Transportation of Defendant to Court - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.115. Subsequent Redeterminations of Competency - (1) explain why the person making the request or motion...
Article 46B.116. Disposition on Determination of Competency - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Article 46B.117. Disposition on Determination of Incompetency - Added by Acts 2003, 78th Leg., ch. 35, Sec. 1,...
Subchapter F. Civil Commitment: Charges Dismissed
Article 46B.151. Court Determination Related to Civil Commitment - (b) If it appears to the court that there is...
Subchapter . G. Provisions Applicable to Subchapters E and F
Article 46B.171. Transcripts and Other Records - (1) a transcript of all medical testimony received in both...