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Texas Code of Criminal Procedure

§ 46B.021 — APPOINTMENT OF EXPERTS

CR § 46B.021Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. B. EXAMINATION

Statute text

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(a)On a suggestion that the defendant may be incompetent to stand trial, the court may appoint one or more disinterested experts to:
(1)examine the defendant and report to the court on the competency or incompetency of the defendant; and
(2)testify as to the issue of competency or incompetency of the defendant at any trial or hearing involving that issue.
(b)On a determination that evidence exists to support a finding of incompetency to stand trial, the court shall appoint one or more experts to perform the duties described by Subsection (a).
(c)An expert involved in the treatment of the defendant may not be appointed to examine the defendant under this article.
(d)The movant or other party as directed by the court shall provide to experts appointed under this article information relevant to a determination of the defendant's competency, including copies of the indictment or information, any supporting documents used to establish probable cause in the case, and previous mental health evaluation and treatment records.

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.007, eff. April 2, 2015.

Source: Texas Code of Criminal Procedure § 46B.021 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.