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Texas Code of Criminal Procedure

§ 46B.071 — OPTIONS ON DETERMINATION OF INCOMPETENCY

CR § 46B.071Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY

Statute text

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(a)Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:
(1)if the defendant is charged with an offense punishable as a Class B misdemeanor:
(A)release the defendant on bail under Article 46B.0711; or
(B)commit the defendant to:
(i)a jail-based competency restoration program under Article 46B.073(e); or
(ii)a mental health facility or residential care facility under Article 46B.073(f); or
…

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.

Source: Texas Code of Criminal Procedure § 46B.071 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.