Tex.
Code of Crim. Proc. Article 46B.084
Proceedings on Return of Defendant to Court
(a)
(1) Not later than the next business day following the return of a defendant to the court, the court shall notify the attorney representing the state and the attorney for the defendant regarding the return. Within three business days of the date that notice is received under this subsection or, on a showing of good cause, a later date specified by the court, the attorney for the defendant shall meet and confer with the defendant to evaluate whether there is any suggestion that the defendant has not yet regained competency.(2)
Notwithstanding Subdivision (1), in a county with a population of less than 1.2 million or in a county with a population of four million or more, as soon as practicable following the date of the defendant’s return to the court, the court shall provide the notice required by that subdivision to the attorney representing the state and the attorney for the defendant, and the attorney for the defendant shall meet and confer with the defendant as soon as practicable after the date of receipt of that notice.(a-1)
(1) Following the defendant’s return to the court, the court shall make a determination with regard to the defendant’s competency to stand trial. The court may make the determination based only on the most recent report that is filed under Article 46B.079 (Notice and Report to Court)(c) and based on notice under that article, other than notice under Subsection (b)(1) of that article, and on other medical information or personal history information relating to the defendant. A party may object in writing or in open court to the findings of the most recent report not later than the 15th day after the date on which the court received the applicable notice under Article 46B.079 (Notice and Report to Court). The court shall make the determination not later than the 20th day after the date on which the court received the applicable notice under Article 46B.079 (Notice and Report to Court), or not later than the fifth day after the date of the defendant’s return to court, whichever occurs first, regardless of whether a party objects to the report as described by this subsection and the issue is set for hearing under Subsection (b).(2)
Notwithstanding Subdivision (1), in a county with a population of less than 1.2 million or in a county with a population of four million or more, the court shall make the determination described by that subdivision not later than the 20th day after the date on which the court received notification under Article 46B.079 (Notice and Report to Court), regardless of whether a party objects to the report as described by that subdivision and the issue is set for a hearing under Subsection (b).(b)
If a party objects under Subsection (a-1), the issue shall be set for a hearing. The hearing is before the court, except that on motion by the defendant, the defense counsel, the prosecuting attorney, or the court, the hearing shall be held before a jury.(b-1)
If the hearing is before the court, the hearing may be conducted by means of an electronic broadcast system as provided by Article 46B.013 (Use of Electronic Broadcast System in Certain Proceedings Under This Chapter). Notwithstanding any other provision of this chapter, the defendant is not required to be returned to the court with respect to any hearing that is conducted under this article in the manner described by this subsection.(c)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1307, Sec. 21, eff. September 1, 2007.(d)
(1) If the defendant is found competent to stand trial, on the court’s own motion criminal proceedings in the case against the defendant shall be resumed not later than the 14th day after the date of the court’s determination under this article that the defendant’s competency has been restored.(2)
Notwithstanding Subdivision (1), in a county with a population of less than 1.2 million or in a county with a population of four million or more, on the court’s own motion criminal proceedings in the case against the defendant shall be resumed as soon as practicable after the date of the court’s determination under this article that the defendant’s competency has been restored.(d-1)
This article does not require the criminal case to be finally resolved within any specific period.(e)
If the defendant is found incompetent to stand trial and if all charges pending against the defendant are not dismissed, the court shall proceed under Subchapter E.(f)
If the defendant is found incompetent to stand trial and if all charges pending against the defendant are dismissed, the court shall proceed under Subchapter F.
Source:
Article 46B.084 — Proceedings on Return of Defendant to Court, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.084 (accessed Apr. 20, 2024).
