Tex. Code of Crim. Proc. Article 46C.102
Experts: Qualifications


(a)

The court may appoint qualified psychiatrists or psychologists as experts under this chapter. To qualify for appointment under this subchapter as an expert, a psychiatrist or psychologist must:

(1)

as appropriate, be a physician licensed in this state or be a psychologist licensed in this state who has a doctoral degree in psychology; and

(2)

have the following certification or training:

(A)

as appropriate, certification by:
(i)
the American Board of Psychiatry and Neurology with added or special qualifications in forensic psychiatry; or
(ii)
the American Board of Professional Psychology in forensic psychology; or

(B)

training consisting of:
(i)
at least 24 hours of specialized forensic training relating to incompetency or insanity evaluations; and
(ii)
at least eight hours of continuing education relating to forensic evaluations, completed in the 12 months preceding the appointment.

(b)

In addition to meeting qualifications required by Subsection (a), to be appointed as an expert a psychiatrist or psychologist must have completed six hours of required continuing education in courses in forensic psychiatry or psychology, as appropriate, in the 24 months preceding the appointment.

(c)

A court may appoint as an expert a psychiatrist or psychologist who does not meet the requirements of Subsections (a) and (b) only if exigent circumstances require the court to base the appointment on professional training or experience of the expert that directly provides the expert with a specialized expertise to examine the defendant that would not ordinarily be possessed by a psychiatrist or psychologist who meets the requirements of Subsections (a) and (b).
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 9, eff. September 1, 2021.

Source: Article 46C.102 — Experts: Qualifications, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46C.­htm#46C.­102 (accessed Apr. 13, 2024).

46C.001
Definitions
46C.002
Maximum Period of Commitment Determined by Maximum Term for Offense
46C.003
Victim Notification of Release
46C.0011
Facility Designation
46C.051
Notice of Intent to Raise Insanity Defense
46C.052
Effect of Failure to Give Notice
46C.101
Appointment of Experts
46C.102
Experts: Qualifications
46C.103
Competency to Stand Trial: Concurrent Appointment
46C.104
Order Compelling Defendant to Submit to Examination
46C.105
Reports Submitted by Experts
46C.106
Compensation of Experts
46C.107
Examination by Expert of Defendant’s Choice
46C.151
Determination of Sanity Issue by Jury
46C.152
Determination of Sanity Issue by Judge
46C.153
General Provisions Relating to Determination of Sanity Issue by Judge or Jury
46C.154
Informing Jury Regarding Consequences of Acquittal
46C.155
Finding of Not Guilty by Reason of Insanity Considered Acquittal
46C.156
Judgment
46C.157
Determination Regarding Dangerous Conduct of Acquitted Person
46C.158
Continuing Jurisdiction of Dangerous Acquitted Person
46C.159
Proceedings Regarding Nondangerous Acquitted Person
46C.160
Detention Pending Further Proceedings
46C.201
Disposition: Nondangerous Conduct
46C.202
Detention or Release
46C.251
Commitment for Evaluation and Treatment
46C.252
Report After Evaluation
46C.253
Hearing on Disposition
46C.254
Effect of Stabilization on Treatment Regimen
46C.255
Trial by Jury
46C.256
Order of Commitment to Inpatient Treatment or Residential Care
46C.257
Order to Receive Outpatient or Community-based Treatment and Supervision
46C.258
Responsibility of Inpatient or Residential Care Facility
46C.259
Status of Committed Person
46C.260
Transfer of Committed Person to Non-maximum Security Facility
46C.261
Renewal of Orders for Inpatient Commitment or Outpatient or Community-based Treatment and Supervision
46C.262
Court-ordered Outpatient or Community-based Treatment and Supervision After Inpatient Commitment
46C.263
Court-ordered Outpatient or Community-based Treatment and Supervision
46C.264
Location of Court-ordered Outpatient or Community-based Treatment and Supervision
46C.265
Supervisory Responsibility for Outpatient or Community-based Treatment and Supervision
46C.266
Modification or Revocation of Order for Outpatient or Community-based Treatment and Supervision
46C.267
Detention Pending Proceedings to Modify or Revoke Order for Outpatient or Community-based Treatment and Supervision
46C.268
Advance Discharge of Acquitted Person and Termination of Jurisdiction
46C.269
Termination of Court’s Jurisdiction
46C.270
Appeals

Accessed:
Apr. 13, 2024

Art. 46C.102’s source at texas​.gov