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Texas Statutes (Last Updated: January 4, 2014) |
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CODE OF CRIMINAL PROCEDURE |
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Title 1. CODE OF CRIMINAL PROCEDURE |
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Chapter 46B. INCOMPETENCY TO STAND TRIAL |
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Subchapter A. GENERAL PROVISIONS |
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Art. 46B.003. INCOMPETENCY; PRESUMPTIONS |
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(a) A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or (2) a rational as well as factual understanding of the proceedings against the person. (b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence. |
| Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. |