Texas § 46C.104 ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION.

Texas Statutes

§ 46C.104 — ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION.

Texas § 46C.104

Code CRCode of Criminal Procedure

This text of Texas § 46C.104 (ORDER COMPELLING DEFENDANT TO SUBMIT TO 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. § 46C.104 (2026).

Text

Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION.

(a)For the purposes described by this chapter, the court may order any defendant to submit to examination, including a defendant who is free on bail. If the defendant fails or refuses to submit to examination, the court may order the defendant to custody for examination for a reasonable period not to exceed 21 days. Custody ordered by the court under this subsection may include custody at a facility operated by the commission.

(b)If a defendant who has been ordered to a facility operated by the commission for examination remains in the facility for a period that exceeds 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sherif

Free access — add to your briefcase to read the full text and ask questions with AI

Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO EXAMINATION. (a) For the purposes described by this chapter, the court may order any defendant to submit to examination, including a defendant who is free on bail. If the defendant fails or refuses to submit to examination, the court may order the defendant to custody for examination for a reasonable period not to exceed 21 days. Custody ordered by the court under this subsection may include custody at a facility operated by the commission.
(b) If a defendant who has been ordered to a facility operated by the commission for examination remains in the facility for a period that exceeds 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant, calculated in accordance with the state travel rules in effect at that time.
(c) The court may not order a defendant to a facility operated by the commission for examination without the consent of the head of that facility.

Legislative History

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837 ), Sec. 2, eff. September 1, 2005. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562 ), Sec. 13, eff. June 14, 2019. Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601 ), Sec. 16, eff. September 1, 2019.