Texas Code of Criminal Procedure 46B.115 – Subsequent Redeterminations of Competency
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(a) If the court has made a determination that a defendant has not been restored to competency under this subchapter, a subsequent request or motion for a redetermination of competency filed before the 91st day after the date of that determination must:
(1) explain why the person making the request or motion believes another inquiry into restoration is appropriate; and
Terms Used In Texas Code of Criminal Procedure 46B.115
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(2) provide support for the belief.
(b) The court may hold a hearing on a request or motion under this article only if the court first finds reason to believe the defendant’s condition has materially changed since the prior determination that the defendant was not restored to competency.
(c) If the competency determination will be made by the court, the court may conduct the hearing at the facility to which the defendant has been committed under this chapter or may conduct the hearing by means of an electronic broadcast system as provided by Article 46B.013.