Tex.
Code of Crim. Proc. Article 42A.404
Educational Program for Certain Repeat Intoxication Offenses; Waiver
(a)
The judge shall require a defendant who is punished under Section 49.09 (Enhanced Offenses and Penalties), Penal Code, to attend and successfully complete as a condition of community supervision an educational program for repeat offenders that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code.(b)
The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider:(1)
the defendant’s school and work schedule;(2)
the defendant’s health;(3)
the distance that the defendant must travel to attend an in-person educational program;(4)
whether the defendant resides out of state or does not have access to transportation; and(5)
whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.(b-1)
The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045 (Alternative to Educational Program: Substance Abuse Treatment Facility).(c)
The judge shall set out in the judgment, as applicable:(1)
the finding of good cause for waiver; or(2)
the finding that the defendant has successfully completed education as provided by Article 42A.4045 (Alternative to Educational Program: Substance Abuse Treatment Facility).
Source:
Article 42A.404 — Educational Program for Certain Repeat Intoxication Offenses; Waiver, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.404 (accessed Jun. 5, 2024).
