Texas Code of Criminal Procedure 46B.021 – Appointment of Experts
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(a) On a suggestion that the defendant may be incompetent to stand trial, the court may appoint one or more disinterested experts to:
(1) examine the defendant and report to the court on the competency or incompetency of the defendant; and
Terms Used In Texas Code of Criminal Procedure 46B.021
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) testify as to the issue of competency or incompetency of the defendant at any trial or hearing involving that issue.
(b) On a determination that evidence exists to support a finding of incompetency to stand trial, the court shall appoint one or more experts to perform the duties described by Subsection (a).
(c) An expert involved in the treatment of the defendant may not be appointed to examine the defendant under this article.
(d) The movant or other party as directed by the court shall provide to experts appointed under this article information relevant to a determination of the defendant’s competency, including copies of the indictment or information, any supporting documents used to establish probable cause in the case, and previous mental health evaluation and treatment records.
(e) The court may appoint as experts under this chapter qualified psychiatrists or psychologists employed by the local mental health authority or local intellectual and developmental disability authority. The local mental health authority or local intellectual and developmental disability authority is entitled to compensation and reimbursement as provided by Article 46B.027.
(f) If a defendant wishes to be examined by an expert of the defendant’s own choice, the court on timely request shall provide the expert with reasonable opportunity to examine the defendant.