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Texas Laws | Criminal Procedure
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12352)

Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION. (12353)(Text)

(a) For the purposes described by this chapter, the court may order any defendant to submit to examination, including a defendant who is free on bail. If the defendant fails or refuses to submit to examination, the court may order the defendant to custody for examination for a reasonable period not to exceed 21 days. Custody ordered by the court under this subsection may include custody at a facility operated by the department. (12354)

(b) If a defendant who has been ordered to a facility operated by the department for examination remains in the facility for a period that exceeds 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant, calculated in accordance with the state travel rules in effect at that time. (12355)

(c) The court may not order a defendant to a facility operated by the department for examination without the consent of the head of that facility. (12356)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12357)

Art. 46C.105. REPORTS SUBMITTED BY EXPERTS. (12358)(Text)

(a) A written report of the examination shall be submitted to the court not later than the 30th day after the date of the order of examination. The court shall provide copies of the report to the defense counsel and the attorney representing the state. (12359)

(b) The report must include a description of the procedures used in the examination and the examiner's observations and findings pertaining to the insanity defense. (12360)

(c) The examiner shall submit a separate report stating the examiner's observations and findings concerning: (12361)

(1) whether the defendant is presently a person with a mental illness and requires court-ordered mental health services under Subtitle C, Title 7, Health and Safety Code; or (12362)

(2) whether the defendant is presently a person with mental retardation. (12363)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12364)

Art. 46C.106. COMPENSATION OF EXPERTS. (12365)(Text)

(a) The appointed experts shall be paid by the county in which the indictment was returned or information was filed. (12366)

(b) The county in which the indictment was returned or information was filed shall reimburse a facility operated by the department that accepts a defendant for examination under this subchapter for expenses incurred that are determined by the department to be reasonably necessary and incidental to the proper examination of the defendant. (12367)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12368)

Art. 46C.107. EXAMINATION BY EXPERT OF DEFENDANT'S CHOICE. (12369)(Text)

If a defendant wishes to be examined by an expert of the defendant's own choice, the court on timely request shall provide the examiner with reasonable opportunity to examine the defendant. (12370)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12371)

SUBCHAPTER D. DETERMINATION OF ISSUE OF DEFENDANT'S SANITY (12372)(Text)
Art. 46C.151. DETERMINATION OF SANITY ISSUE BY JURY. (12373)(Text)

(a) In a case tried to a jury, the issue of the defendant's sanity shall be submitted to the jury only if the issue is supported by competent evidence. The jury shall determine the issue. (12374)

(b) If the issue of the defendant's sanity is submitted to the jury, the jury shall determine and specify in the verdict whether the defendant is guilty, not guilty, or not guilty by reason of insanity. (12375)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12376)

Art. 46C.152. DETERMINATION OF SANITY ISSUE BY JUDGE. (12377)(Text)

(a) If a jury trial is waived and if the issue is supported by competent evidence, the judge as trier of fact shall determine the issue of the defendant's sanity. (12378)

(b) The parties may, with the consent of the judge, agree to have the judge determine the issue of the defendant's sanity on the basis of introduced or stipulated competent evidence, or both. (12379)

(c) If the judge determines the issue of the defendant's sanity, the judge shall enter a finding of guilty, not guilty, or not guilty by reason of insanity. (12380)

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005. (12381)

Art. 46C.153. GENERAL PROVISIONS RELATING TO DETERMINATION OF SANITY ISSUE BY JUDGE OR JURY. (12382)(Text)

(a) The judge or jury shall determine that a defendant is not guilty by reason of insanity if: (12383)

(1) the prosecution has established beyond a reasonable doubt that the alleged conduct constituting the offense was committed; and (12384)

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