2005 Texas Code of Criminal Procedure CHAPTER 46. INSANITY AS DEFENSE

CODE OF CRIMINAL PROCEDURE

CHAPTER 46. INSANITY AS DEFENSE


	Art. 46.03. INSANITY DEFENSE.  Secs. 1 to 3. Repealed by Acts 
2005, 79th Leg., ch. 831, Sec. 1.

Disposition Following Acquittal by Reason of Insanity
	Sec. 4(a) to (c) Repealed by Acts 2005, 79th Leg., ch. 831, 
Sec. 1.          
	(d)  Act, Attempt, or Threat of Serious Bodily Injury;  
Special Commitment;  Out-patient Supervision;  Recommitment.
	(1)  to (7) Repealed by Acts 2005, 79th Leg., ch. 831, Sec. 1.                 
	(8)  Victim Notification of Release.  If the court issues an 
order under Subdivision (4) or (5) that requires the release of an 
acquitted person on discharge or on a regimen of outpatient care, 
the clerk of the court issuing the order, using the information 
provided on any victim impact statement received by the court under 
Article 56.03 or other information made available to the court, 
shall provide name, address, and phone number information to the 
Texas Department of Criminal Justice victim services division to 
enable the division to notify the victim or the victim's guardian or 
close relative of the release.  The victim services division shall 
notify any victim or guardian or close relative named in the victim 
impact statement or other information.  Notwithstanding Article 
56.03(f), the clerk of the court may inspect a victim impact 
statement for the purpose of notification under this subdivision.

Added by Acts 1975, 64th Leg., p. 1100, ch. 415, Sec. 2, eff. June 
19, 1975.  Amended by Acts 1977, 65th Leg., p. 1467, ch. 596, Sec. 2, 
eff. Sept. 1, 1977.

Secs. 1, 4 amended by Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 2, 
3, eff. Aug. 29, 1983;  Sec. 3(d) amended by Acts 1989, 71st Leg., 
ch. 393, Sec. 7, eff. June 14, 1989;  Sec. 4(b) amended by Acts 1989, 
71st Leg., ch. 393, Sec. 8, eff. June 14, 1989;  Sec. 4(d)(1) 
amended by Acts 1989, 71st Leg., ch. 393, Sec. 9, eff. June 14, 
1989;  Sec. 4(d)(1) amended by Acts 2001, 77th Leg., ch. 985, Sec. 
1, eff. Sept. 1, 2001;  Sec. 3(g) amended by Acts 2003, 78th Leg., 
ch. 35, Sec. 5, eff. Jan. 1, 2004;  Secs. 1 to 4(d)(7) repealed by 
Acts 2005, 79th Leg., ch. 831, Sec. 1, eff. Sept. 1, 2005;  Sec. 
4(d)(8) added by Acts 2005, 79th Leg., ch. 485, Sec. 1, eff. Sept. 
1, 2005.


	Art. 46.04. TRANSPORTATION TO A MENTAL HEALTH FACILITY OR 
RESIDENTIAL CARE FACILITY.  

Persons Accompanying Transport
	Sec. 1. (a) A patient transported from a jail or detention 
facility to a mental health facility or a residential care facility 
shall be transported by a special officer for mental health 
assignment certified under Section 1701.404, Occupations Code, or 
by a sheriff or constable.
	(b)  The court ordering the transport shall require 
appropriate medical personnel to accompany the person transporting 
the patient, at the expense of the county from which the patient is 
transported, if there is reasonable cause to believe the patient 
will require medical assistance or will require the administration 
of medication during the transportation.
	(c)  A female patient must be accompanied by a female 
attendant.             

Requirements for Transport
	Sec. 2. The transportation of a patient from a jail or 
detention facility to a mental health facility or residential care 
facility must meet the following requirements:
	(1)  the patient must be transported directly to the facility 
within a reasonable amount of time and without undue delay;
	(2)  a vehicle used to transport the patient must be 
adequately heated in cold weather and adequately ventilated in warm 
weather;
	(3)  a special diet or other medical precautions recommended 
by the patient's physician must be followed;
	(4)  the person transporting the patient shall give the 
patient reasonable opportunities to get food and water and to use a 
bathroom;  and
	(5)  the patient may not be transported with a state 
prisoner.               

Added by Acts 1999, 76th Leg., ch. 1512, Sec. 6, eff. Sept. 1, 1999.  
Sec. 1(a) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.736, 
eff. Sept. 1, 2001.


	Art. 46.05. COMPETENCY TO BE EXECUTED.  (a) A person who is 
incompetent to be executed may not be executed.
	(b)  The trial court retains jurisdiction over motions filed 
by or for a defendant under this article.
	(c)  A motion filed under this article must identify the 
proceeding in which the defendant was convicted, give the date of 
the final judgment, set forth the fact that an execution date has 
been set if the date has been set, and clearly set forth alleged 
facts in support of the assertion that the defendant is presently 
incompetent to be executed.  The defendant shall attach affidavits, 
records, or other evidence supporting the defendant's allegations 
or shall state why those items are not attached.  The defendant 
shall identify any previous proceedings in which the defendant 
challenged the defendant's competency in relation to the conviction 
and sentence in question, including any challenge to the 
defendant's competency to be executed, competency to stand trial, 
or sanity at the time of the offense.  The motion must be verified by 
the oath of some person on the defendant's behalf.
	(d)  On receipt of a motion filed under this article, the 
trial court shall determine whether the defendant has raised a 
substantial doubt of the defendant's competency to be executed on 
the basis of:
	(1)  the motion, any attached documents, and any responsive 
pleadings;  and  
	(2)  if applicable, the presumption of competency under 
Subsection (e).      
	(e)  If a defendant is determined to have previously filed a 
motion under this article, and has previously been determined to be 
competent to be executed, the previous adjudication creates a 
presumption of competency and the defendant is not entitled to a 
hearing on the subsequent motion filed under this article, unless 
the defendant makes a prima facie showing of a substantial change in 
circumstances sufficient to raise a significant question as to the 
defendant's competency to be executed at the time of filing the 
subsequent motion under this article.
	(f)  If the trial court determines that the defendant has 
made a substantial showing of incompetency, the court shall order 
at least two mental health experts to examine the defendant using 
the standard described by Subsection (h) to determine whether the 
defendant is incompetent to be executed.
	(g)  If the trial court does not determine that the defendant 
has made a substantial showing of incompetency, the court shall 
deny the motion.
	(h)  A defendant is incompetent to be executed if the 
defendant does not understand:
	(1)  that he or she is to be executed and that the execution 
is imminent;  and
	(2)  the reason he or she is being executed.                                   
	(i)  Mental health experts who examine a defendant under this 
article shall provide within a time ordered by the trial court 
copies of their reports to the attorney representing the state, the 
attorney representing the defendant, and the court.
	(j)  By filing a motion under this article, the defendant 
waives any claim of privilege with respect to, and consents to the 
release of, all mental health and medical records relevant to 
whether the defendant is incompetent to be executed.
	(k)  If, on the basis of reports provided under Subsection 
(i), the motion, any attached documents, any responsive pleadings, 
and any evidence introduced in the final competency hearing, the 
trial court makes a finding by a preponderance of the evidence that 
the defendant is incompetent to be executed, the clerk shall send 
immediately to the court of criminal appeals in accordance with 
Section 8(d), Article 11.071, the appropriate documents for that 
court's determination of whether any existing execution date should 
be withdrawn and a stay of execution issued.  If a stay of execution 
is issued by the court of criminal appeals, the trial court 
periodically shall order that the defendant be reexamined by mental 
health experts to determine whether the defendant is no longer 
incompetent to be executed.
	(l)  If the trial court does not make the finding as 
described by Subsection (k), the court may set an execution date as 
otherwise provided by law.

Added by Acts 1999, 76th Leg., ch. 654, Sec. 1, eff. Sept. 1, 1999.  
Renumbered from Vernon's Ann. C.C.P. art. 46.04 by Acts 2001, 77th 
Leg., ch. 1420, Sec. 21.001(13), eff. Sept. 1, 2001.