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TEXAS CODE OF CRIMINAL PROCEDURE - CHAPTERA46B.AINCOMPETENCY TO STAND TRIAL |
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SUBCHAPTER B. |
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SUBCHAPTER B. EXAMINATION |
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APPOINTMENT OF EXPERTS |
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Art. 46B.021. (a) On a suggestion that the defendant may be incompetent
to stand trial, the court may appoint one or more disinterested experts to: |
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(1) examine the defendant and report
to the court on the competency or incompetency of the defendant; and
(2) testify as to the issue of competency
or incompetency of the defendant at any trial or hearing involving that issue.
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(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). |
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(c) |
An expert involved in the treatment
of the defendant may not be appointed to examine the defendant under this article.
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(d)
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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. |
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(e)
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The court may appoint as experts under
this chapter qualified psychiatrists or psychologists employed by the local mental
health authority or local mental retardation authority. The local mental health
authority or local mental retardation authority is entitled to compensation and
reimbursement as provided by Article 46B.027.
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(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.
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EXPERTS: QUALIFICATIONS |
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Art. 46B.022. (a) To qualify for appointment under this subchapter
as an expert, a psychiatrist or psychologist must: |
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(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 experience or training:
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(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
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(B)
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experience or training consisting of:
(i) at least 24 hours of specialized forensic training relating to incompetency
or insanity evaluations;
(ii) for an appointment made before January 1, 2005, at least five years of experience
before January 1, 2004, in performing criminal forensic evaluations for courts;
or
(iii) for an appointment made on or after January 1, 2005, at least five years of
experience before January 1, 2004, in performing criminal forensic evaluations for
courts and eight or more hours of continuing education relating to forensic evaluations,
completed in the 12 months preceding the appointment and documented with the court.
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(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 either of the reporting periods in the 24 months preceding the appointment.
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(c)
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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). |
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(e)
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The court may appoint as experts under this chapter qualified psychiatrists or psychologists
employed by the local mental health authority or local mental retardation authority.
The local mental health authority or local mental retardation authority is entitled
to compensation and reimbursement as provided by Article 46B.027.
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(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.
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TEXAS CODE OF CRIMINAL PROCEDURE - CHAPTER 46C. INSANITY DEFENSE |
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SUBCHAPTER C. |
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SUBCHAPTER C. COURT-ORDERED EXAMINATION AND REPORT |
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APPOINTMENT OF EXPERTS |
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Art. 46C.101. (a) If notice of intention to raise the insanity
defense is filed under Article 46C.051, the court may, on its own motion or motion
by the defendant, the defendant's counsel, or the attorney representing the state,
appoint one or more disinterested experts to: |
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(1) examine the defendant with regard to the insanity defense; and
(2) testify as to the issue of insanity at any trial or hearing involving that issue.
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(b) |
The court shall advise an expert appointed under this article of the facts
and circumstances of the offense with which the defendant is charged and the elements
of the insanity defense. |
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EXPERTS: QUALIFICATIONS |
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Art. 46C.102. (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: |
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(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 experience or training:
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(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
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(B)
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experience or training consisting of:
(i) at least 24 hours of specialized forensic training relating to incompetency
or insanity evaluations;
(ii) at least five years of experience in performing criminal forensic evaluations
for courts; and
(iii) eight or more hours of continuing education relating to forensic evaluations,
completed in the 12 months preceding the appointment and documented with the court.
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(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. |
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(c)
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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).
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TEXAS FAMILY CODE – CHAPTER 51 GENERAL PROVISIONS |
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SUBCHAPTER C. |
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SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION |
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PHYSICAL OR MENTAL EXAMINATION |
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§ 51.20. (a) At any stage of the proceedings under this title,
the juvenile court may order a child who is referred to the juvenile court or who
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is alleged by a petition or found to have engaged in delinquent conduct or conduct
indicating a need for supervision to be examined by a disinterested expert, including
a physician, psychiatrist, or psychologist, qualified by education and clinical
training in mental health or mental retardation and experienced in forensic evaluation,
to determine whether the child has a mental illness as defined by Section 571.003,
Health and Safety Code, or is a person with mental retardation as defined by Section
591.003, Health and Safety Code. If the examination is to include a determination
of the child's fitness to proceed, an expert may be appointed to conduct the examination
only if the expert is qualified under Subchapter B, Chapter 46B, Code of Criminal
Procedure, to examine a defendant in a criminal case, and the examination and the
report resulting from an examination under this subsection must comply with the
requirements under Subchapter B, Chapter 46B, Code of Criminal Procedure, for the
examination and resulting report of a defendant in a criminal case. |
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(b) |
The court shall advise an expert appointed under this article of the facts and circumstances
of the offense with which the defendant is charged and the elements of the insanity
defense. |
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(c) |
If, while a child is under deferred prosecution supervision or court-ordered probation,
a qualified professional determines that the child has a mental illness or mental
retardation and the child is not currently receiving treatment services for the
mental illness or mental retardation, the probation department shall refer the child
to the local mental health or mental retardation authority for evaluation and services. |
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(d) |
A probation department shall report each referral of a child to a local mental health
or mental retardation authority made under Subsection (b) or (c) to the Texas Juvenile
Probation Commission in a format specified by the commission.
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(e) |
At any stage of the proceedings under this title, the juvenile court may order a
child who has been referred to the juvenile court or who is alleged by the petition
or found to have engaged in delinquent conduct or conduct indicating a need for
supervision to be subjected to a physical examination by a licensed physician. |
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TEXAS FAMILY CODE – CHAPTERA55 PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION |
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SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION |
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UNFITNESS TO PROCEED DETERMINATION; EXAMINATION |
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§ 55.31. (a) |
A child alleged by petition or found to have engaged in delinquent conduct or conduct
indicating a need for supervision who as a result of mental illness or mental retardation
lacks capacity to understand the proceedings in juvenile court or to assist in the
child's own defense is unfit to proceed and shall not be subjected to discretionary
transfer to criminal court, adjudication, disposition, or modification of disposition
as long as such incapacity endures. |
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(b) |
On a motion by a party, the juvenile court shall determine whether probable cause
exists to believe that a child who is alleged by petition or who is found to have
engaged in delinquent conduct or conduct indicating a need for supervision is unfit
to proceed as a result of mental illness or mental retardation. In making its determination,
the court may:
(1) consider the motion, supporting documents, professional statements of counsel,
and witness testimony; and
(2) make its own observation of the child.
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(c) |
If the court determines that probable cause exists to believe that the child is
unfit to proceed, the court shall temporarily stay the juvenile court proceedings
and immediately order the child to be examined under Section 51.20. The information
obtained from the examination must include expert opinion as to whether the child
is unfit to proceed as a result of mental illness or mental retardation.
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(d)
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After considering all relevant information, including information obtained from
an examination under Section 51.20, the court shall: (1) if the court determines
that evidence exists to support a finding that the child is unfit to proceed, proceed
under Section 55.32; or (2) if the court determines that evidence does not exist
to support a finding that the child is unfit to proceed, dissolve the stay and continue
the juvenile court proceedings. |
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UNFITNESS TO PROCEED DETERMINATION; EXAMINATION |
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§ 55.32. (a) |
If the juvenile court determines that evidence exists to support a finding that
a child is unfit to proceed as a result of mental illness or mental retardation,
the court shall set the case for a hearing on that issue.
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(b) |
The issue of whether the child is unfit to proceed as a result of mental illness
or mental retardation shall be determined at a hearing separate from any other hearing. |
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(c) |
The court shall determine the issue of whether the child is unfit to proceed unless
the child or the attorney for the child demands a jury before the 10th day before
the date of the hearing.
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(d)
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Unfitness to proceed as a result of mental illness or mental retardation must be
proved by a preponderance of the evidence.
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(e)
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If the court or jury determines that the child is fit to proceed, the juvenile court
shall continue with proceedings under this title as though no question of fitness
to proceed had been raised.
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(f) |
If the court or jury determines that the child is unfit to proceed as a result
of mental illness or mental retardation, the court shall:
(1) stay the juvenile court proceedings for as long as that incapacity endures;
and
(2) proceed under Section 55.33. |
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(g) |
The fact that the child is unfit to proceed as a result of mental illness or mental
retardation does not preclude any legal objection to the juvenile court proceedings
which is susceptible of fair determination prior to the adjudication hearing and
without the personal participation of the child. |
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TEXAS FAMILY CODE – CHAPTERA55 PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION |
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SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION |
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LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION |
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§ 55.51. (a) |
A child alleged by petition to have engaged in delinquent conduct or conduct indicating
a need for supervision is not responsible for the conduct if at the time of the
conduct, as a result of mental illness or mental retardation, the child lacks substantial
capacity either to appreciate the wrongfulness of the child's conduct or to conform
the child's conduct to the requirements of law.
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(b) |
(b) On a motion by a party in which it is alleged that a child may not be responsible
as a result of mental illness or mental retardation for the child's conduct, the
court shall order the child to be examined under Section 51.20. The information
obtained from the examinations must include expert opinion as to whether the child
is not responsible for the child's conduct as a result of mental illness or mental
retardation.
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(c) |
(c) The issue of whether the child is not responsible for the child's conduct as
a result of mental illness or mental retardation shall be tried to the court or
jury in the adjudication hearing.
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(d)
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(d) Lack of responsibility for conduct as a result of mental illness or mental retardation
must be proved by a preponderance of the evidence.
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(e)
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(e) In its findings or verdict the court or jury must state whether the child is
not responsible for the child's conduct as a result of mental illness or mental
retardation.
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(f) |
(f) If the court or jury finds the child is not responsible for the child's conduct
as a result of mental illness or mental retardation, the court shall proceed under
Section 55.52.
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(g) |
(g) A child found to be not responsible for the child's conduct as a result of mental
illness or mental retardation shall not be subject to proceedings under this title
with respect to such conduct, other than proceedings under Section 55.52.
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