Tex.
Code of Crim. Proc. Article 46B.024
Factors Considered in Examination
(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;(E)
exhibit appropriate courtroom behavior; and(F)
testify;(2)
as supported by current indications and the defendant’s personal history, whether the defendant:(A)
is a person with mental illness; or(B)
is a person with an intellectual disability;(3)
whether the identified condition has lasted or is expected to last continuously for at least one year;(4)
the degree of impairment resulting from the mental illness or intellectual disability, if existent, and the specific impact on the defendant’s capacity to engage with counsel in a reasonable and rational manner; and(5)
if the defendant is taking psychoactive or other medication:(A)
whether the medication is necessary to maintain the defendant’s competency; and(B)
the effect, if any, of the medication on the defendant’s appearance, demeanor, or ability to participate in the proceedings.
Source:
Article 46B.024 — Factors Considered in Examination, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.024 (accessed Jun. 5, 2024).
