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Texas Code of Criminal Procedure

§ 46B.102 — CIVIL COMMITMENT HEARING: MENTAL ILLNESS

CR § 46B.102Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. E. CIVIL COMMITMENT: CHARGES PENDING

Statute text

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(a)If it appears to the court that the defendant may be a person with mental illness, the court shall hold a hearing to determine whether the defendant should be court-ordered to mental health services under Subtitle C, Title 7, Health and Safety Code.
(b)Proceedings for commitment of the defendant to court-ordered mental health services are governed by Subtitle C, Title 7, Health and Safety Code, to the extent that Subtitle C applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also the county court.
(c)If the court enters an order committing the defendant to a mental health facility, the defendant shall be:
(1)treated in conformity with Subtitle C, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2)released in conformity with Article 46B.107.
(d)In proceedings conducted under this subchapter for a defendant described by Subsection (a):

Legislative history

Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 18, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 10, eff. September 1, 2007.

Source: Texas Code of Criminal Procedure § 46B.102 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.