Tex. Code of Criminal Procedure § 46B.103
This is the official text of Tex. Code of Criminal Procedure § 46B.103, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 46B.103.
Official statutory text
Art. 46B.103. CIVIL COMMITMENT HEARING: INTELLECTUAL DISABILITY. (a) If it appears to the court that the defendant may be a person with an intellectual disability, the court shall hold a hearing to determine whether the defendant is a person with an intellectual disability.
(b) Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also a county court.
(c) If the court enters an order committing the defendant to a residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In the proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application to have the defendant declared a person with an intellectual disability may not be required;
(2) the provisions of Subtitle D, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the court of appeals as in the proceedings for commitment to a residential care facility under Subtitle D, Title 7, Health and Safety Code.
(b) Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also a county court.
(c) If the court enters an order committing the defendant to a residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In the proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application to have the defendant declared a person with an intellectual disability may not be required;
(2) the provisions of Subtitle D, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the court of appeals as in the proceedings for commitment to a residential care facility under Subtitle D, Title 7, Health and Safety Code.
Status: in_force · Read it on the official government site
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