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Texas Code of Criminal Procedure

§ 46B.003 — INCOMPETENCY; PRESUMPTIONS

CR § 46B.003Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. A. GENERAL PROVISIONS

Statute text

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(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.

Legislative history

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.

Source: Texas Code of Criminal Procedure § 46B.003 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.