Texas Code of Criminal Procedure
§ 46.05 — COMPETENCY TO BE EXECUTED
CR § 46.05Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND INTELLECTUAL DISABILITY
Statute text
View on source(a)A person who is incompetent to be executed may not be executed.
(b)The trial court retains jurisdiction over motions filed by or for a defendant under this article.
(c)A motion filed under this article must identify the proceeding in which the defendant was convicted, give the date of the final judgment, set forth the fact that an execution date has been set if the date has been set, and clearly set forth alleged facts in support of the assertion that the defendant is presently incompetent to be executed. The defendant shall attach affidavits, records, or other evidence supporting the defendant's allegations or shall state why those items are not attached. The defendant shall identify any previous proceedings in which the defendant challenged the defendant's competency in relation to the conviction and sentence in question, including any challenge to the defendant's competency to be executed, competency to stand trial, or sanity at the time of the offense. The motion must be verified by the oath of some person on the defendant's behalf.
(d)On receipt of a motion filed under this article, the trial court shall determine whether the defendant has raised a substantial doubt of the defendant's competency to be executed on the basis of:
(1)the motion, any attached documents, and any responsive pleadings; and
(2)if applicable, the presumption of competency under Subsection (e).
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 677 (H.B. 1545), Sec. 1, eff. September 1, 2007.