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Texas Code of Criminal Procedure

§ 46B.080 — EXTENSION OF ORDER

CR § 46B.080Title 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)On a request of the head of a facility or a program provider that is made under Article 46B.079(d) and notwithstanding any other provision of this subchapter, the court may enter an order extending the initial restoration period for an additional period of 60 days.
(b)The court may enter an order under Subsection (a) only if the court determines that:
(1)the defendant has not attained competency; and
(2)an extension of the initial restoration period will likely enable the facility or program to restore the defendant to competency within the period of the extension.
(c)The court may grant only one 60-day extension under this article in connection with the specific offense with which the defendant is charged.
(d)An extension under this article begins on the later of:

Legislative history

Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 12, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 7, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 15, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 22, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 5, eff. September 1, 2021.

Source: Texas Code of Criminal Procedure § 46B.080 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.