Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENDERS; WAIVER OR EXTENSION OF TIME. (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 attend and 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 jointly approved by:
(1) the Department of State Health Services;
(2) the Department of Public Safety;
(3) the traffic safety section of the traffic operations division of the Texas Department of Transportation; and
(4) the community justice assistance division of the Texas Department of Criminal Justice.
(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:
(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) the fact that the defendant resides out of state, does not have a valid driver's license, or does not have access to transportation.
(e) The judge shall set out the finding of good cause for waiver in the judgment.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Text of article effective on January 01, 2017
Last modified: September 28, 2016