Texas Code of Criminal Procedure

§ 42A.257 — EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION

CR § 42A.257Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS

Statute text

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(a)The judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:

(1)the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or

(2)the case involves a second or subsequent offense under:

(A)Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or

(B)Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.

(b)The evaluation must be made:

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Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.