(a) If it appears to the court that the defendant may be a person with an intellectual disability, the court shall hold a hearing to determine whether the defendant is a person with an intellectual disability.
(b) Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also a county court.
(c) If the court enters an order committing the defendant to a residential care facility, the defendant shall be:
(1) treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and
(2) released in conformity with Article 46B.107.
(d) In the proceedings conducted under this subchapter for a defendant described by Subsection (a):
(1) an application to have the defendant declared a person with an intellectual disability may not be required;
(2) the provisions of Subtitle D, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and
(3) appeals from the criminal court proceedings are to the court of appeals as in the proceedings for commitment to a residential care facility under Subtitle D, Title 7, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 11, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.017, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.018, eff. April 2, 2015.
ART. 46B.001. | ART. 46B.002. | ART. 46B.0021. | ART. 46B.003. ; | ART. 46B.004. | ART. 46B.005. | ART. 46B.006. | ART. 46B.007. | ART. 46B.008. | ART. 46B.009. | ART. 46B.0095. | ART. 46B.010. | ART. 46B.011. | ART. 46B.012. | ART. 46B.013. | ART. 46B.021. | ART. 46B.022. | ART. 46B.023. | ART. 46B.024. | ART. 46B.025. | ART. 46B.026. | ART. 46B.027. | ART. 46B.051. | ART. 46B.052. | ART. 46B.053. | ART. 46B.054. | ART. 46B.055. | ART. 46B.071. | ART. 46B.0711. | ART. 46B.072. | ART. 46B.073. | ART. 46B.074. | ART. 46B.075. | ART. 46B.0755. | ART. 46B.076. | ART. 46B.077. | ART. 46B.078. | ART. 46B.079. | ART. 46B.080. | ART. 46B.0805. | ART. 46B.081. | ART. 46B.082. | ART. 46B.0825. | ART. 46B.083. | ART. 46B.0831. | ART. 46B.084. | ART. 46B.085. | ART. 46B.086. | ART. 46B.090. | ART. 46B.091. | ART. 46B.101. | ART. 46B.102. | ART. 46B.104. | ART. 46B.105. | ART. 46B.106. | ART. 46B.107. | ART. 46B.108. | ART. 46B.109. | ART. 46B.110. | ART. 46B.111. | ART. 46B.112. | ART. 46B.113. | ART. 46B.114. | ART. 46B.115. | ART. 46B.116. | ART. 46B.117. | ART. 46B.151. | ART. 46B.171.