Section 46B.113 - Determination of Restoration Without Agreement(a) The court shall hold a hearing on a request by the head of a facility or outpatient treatment provider to which a defendant has been committed as a result of a finding of incompetency to stand trial to determine whether the defendant has been restored to competency.(b) The court may hold a hearing on a motion to determine whether the defendant has been restored to competency or on the court's decision on its own motion to inquire into restoration of competency, and shall hold a hearing if a motion and any supporting material establish good reason to believe the defendant may have been restored to competency.(c) If a court holds a hearing under this article, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination. If the competency determination will be made by the court rather than a jury, the court may conduct the hearing:(2) by means of an electronic broadcast system as provided by Article 46B.013.(d) If the head of a facility or outpatient treatment provider to which the defendant was committed as a result of a finding of incompetency to stand trial has provided an opinion that the defendant has regained competency, competency is presumed at a hearing under this subchapter and continuing incompetency must be proved by a preponderance of the evidence.(e) If the head of a facility or outpatient treatment provider has not provided an opinion described by Subsection (d), incompetency is presumed at a hearing under this subchapter and the defendant's competency must be proved by a preponderance of the evidence.Tex. Code Crim. Proc. § 46B.113
Amended by Acts 2007, 80th Leg., R.S., Ch. 1307, Sec. 17, eff. 9/1/2007.Amended by Acts 2005, 79th Leg., Ch. 324, Sec. 27, eff. 9/1/2005.Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.