(a) An expert appointed under this subchapter to examine the defendant with regard to the insanity defense also may be appointed by the court to examine the defendant with regard to the defendant’s competency to stand trial under Chapter 46B, if the expert files with the court separate written reports concerning the defendant’s competency to stand trial and the insanity defense.
(b) Notwithstanding Subsection (a), an expert may not examine the defendant for purposes of determining the defendant’s sanity and may not file a report regarding the defendant’s sanity if in the opinion of the expert the defendant is incompetent to proceed.

criminal case

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Terms Used In Texas Code of Criminal Procedure 46C.103

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
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