Texas Code of Criminal Procedure

Art. Art. 42A.404
Educational Program for Certain Repeat Intoxication Offenders; 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 approved by the Texas Department of Licensing and Regulation.

(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 educational program; and

(4)

whether the defendant resides out of state or does not have access to transportation.

(b-1)

The judge shall waive the educational program requirement if the defendant successfully completes equivalent 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 equivalent education as provided by Article 42A.4045 (Alternative to Educational Program: Substance Abuse Treatment Facility).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(c), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(d), eff. September 1, 2017.
Source

Last accessed
Jun. 7, 2021

REMOVE ADS