Texas Code of Criminal Procedure

§ 46B.024 — FACTORS CONSIDERED IN EXAMINATION

CR § 46B.024Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. B. EXAMINATION

Statute text

During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert, the following:

(1)the capacity of the defendant during criminal proceedings to:

(A)rationally understand the charges against the defendant and the potential consequences of the pending criminal proceedings;

(B)disclose to counsel pertinent facts, events, and states of mind;

(C)engage in a reasoned choice of legal strategies and options;

(D)understand the adversarial nature of criminal proceedings;

…

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 7, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.008, eff. April 2, 2015.