Tex.
Code of Crim. Proc. Article 42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
(a)
On conviction of an offense punishable as a Class C misdemeanor under Section 42.01 (Disorderly Conduct), Penal Code, for which punishment is enhanced under Section 12.43 (Penalties for Repeat and Habitual Misdemeanor Offenders)(c), Penal Code, based on previous convictions under Section 42.01 (Disorderly Conduct) or 49.02 (Public Intoxication), Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record. The judge may suspend in whole or in part the imposition of any fine imposed on conviction.(b)
All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under this article, except that the court shall require the defendant as a condition of community supervision to:(1)
submit to diagnostic testing for addiction to alcohol or a controlled substance or drug;(2)
submit to a psychological assessment;(3)
if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and(4)
pay the costs of testing, assessment, and treatment or education, either directly or as a court cost.(a)
If a judge grants community supervision to a defendant convicted of an offense under Section 42.09 (Cruelty to Livestock Animals), 42.091 (Attack on Assistance Animal), 42.092 (Cruelty to Nonlivestock Animals), or 42.10 (Dog Fighting), Penal Code, the judge may require the defendant to:(1)
complete an online responsible pet owner course approved and certified by the Texas Department of Licensing and Regulation; or(2)
attend a responsible pet owner course sponsored by a municipal animal shelter, as defined by Section 823.001 (Definitions), Health and Safety Code, that:(A)
receives federal, state, county, or municipal funds; and(B)
serves the county in which the court is located.(b)
For purposes of the online responsible pet owner course described by Subsection (a)(1), the Texas Department of Licensing and Regulation or the Texas Commission of Licensing and Regulation, as appropriate:(1)
is responsible for the approval, certification, and administration of the course and course providers;(2)
may charge fees for:(A)
initial and renewal course certifications;(B)
initial and renewal course provider certifications;(C)
course participant completion certificates; and(D)
other fees necessary for the administration of the course and course providers;(3)
shall adopt rules regarding the administration of the course and course providers, including rules regarding:(A)
the criteria for course approval and certification;(B)
the criteria for course provider approval and certification;(C)
curriculum development;(D)
course length and content;(E)
criteria for a participant to complete the course; and(F)
a course completion certificate that is acceptable to a court;(4)
is authorized to monitor and audit the provision of the course by the course providers; and(5)
may take enforcement actions as appropriate to enforce this subsection.(c)
If a judge grants community supervision to a defendant convicted of an offense under Section 21.09 (Bestiality), 42.091 (Attack on Assistance Animal), 42.092 (Cruelty to Nonlivestock Animals), 42.10 (Dog Fighting), or 42.105 (Cockfighting), Penal Code, the judge may:(1)
require the defendant to relinquish custody of any animals in the defendant’s possession;(2)
prohibit the defendant from possessing or exercising control over any animals or residing in a household where animals are present; or(3)
require the defendant to participate in a psychological counseling or other appropriate treatment program for a period to be determined by the court.
Source:
Article 42A.510 — Community Supervision for Enhanced Disorderly Conduct Offense, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.510 (accessed Apr. 13, 2024).
