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Texas Code of Criminal Procedure

§ 42A.403 — EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME

CR § 42A.403Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES

Statute text

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(a)A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(b)This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.
(c)If the defendant by a motion in writing shows good cause, the judge may:
(1)waive the educational program requirement; or
(2)to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant's community supervision.
(d)In determining good cause, the judge may consider but is not limited to:

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(a), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(b), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 4, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 4, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 5, eff. September 1, 2021.

Source: Texas Code of Criminal Procedure § 42A.403 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.