Section 46B.103 - Civil Commitment Hearing: Intellectual Disability(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.Tex. Code Crim. Proc. § 46B.103
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 6.018, eff. 4/2/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 6.017, eff. 4/2/2015.Amended by Acts 2007, 80th Leg., R.S., Ch. 1307, Sec. 11, eff. 9/1/2007.Amended by Acts 2005, 79th Leg., Ch. 324, Sec. 19, eff. 9/1/2005.Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.