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Texas Code of Criminal Procedure

§ 42A.404 — EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER

CR § 42A.404Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES

Statute text

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(a)The judge shall require a defendant who is punished under Section 49.09, 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, 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

Legislative history

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. Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 5, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 6, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 7, eff. September 1, 2021.

Source: Texas Code of Criminal Procedure § 42A.404 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.