Texas § 46B.024 FACTORS CONSIDERED IN EXAMINATION.

Texas Statutes

§ 46B.024 — FACTORS CONSIDERED IN EXAMINATION.

Texas § 46B.024

Code CRCode of Criminal Procedure

This text of Texas § 46B.024 (FACTORS CONSIDERED IN EXAMINATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 46B.024 (2026).

Text

Art. 46B.024. FACTORS CONSIDERED IN EXAMINATION. During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert, the following:

(1)the capacity of the defendant during criminal proceedings to:

(A)rationally understand the charges against the defendant and the potential consequences of the pending criminal proceedings;

(B)disclose to counsel pertinent facts, events, and states of mind;

(C)engage in a reasoned choice of legal strategies and options;

(D)understand the adversarial nature of criminal proceedings;

(E)exhibit appropriate courtroom behavior; and

(F)testify;

(2)as supported by current indications and the defendant's personal history, whether the defendant:

(A)i

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Art. 46B.024. FACTORS CONSIDERED IN EXAMINATION. During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert, the following:
(1) the capacity of the defendant during criminal proceedings to:
(A) rationally understand the charges against the defendant and the potential consequences of the pending criminal proceedings;
(B) disclose to counsel pertinent facts, events, and states of mind;
(C) engage in a reasoned choice of legal strategies and options;
(D) understand the adversarial nature of criminal proceedings;
(E) exhibit appropriate courtroom behavior; and
(F) testify;
(2) as supported by current indications and the defendant's personal history, whether the defendant:
(A) is a person with mental illness; or
(B) is a person with an intellectual disability;
(3) whether the identified condition has lasted or is expected to last continuously for at least one year;
(4) the degree of impairment resulting from the mental illness or intellectual disability, if existent, and the specific impact on the defendant's capacity to engage with counsel in a reasonable and rational manner; and
(5) if the defendant is taking psychoactive or other medication:
(A) whether the medication is necessary to maintain the defendant's competency; and
(B) the effect, if any, of the medication on the defendant's appearance, demeanor, or ability to participate in the proceedings.

Legislative History

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725 ), Sec. 7, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 6.008, eff. April 2, 2015.