Texas Code Of Criminal Procedure § 42a.404 Educational Program For Certain Repeat Intoxication Offenders; Waiver

Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENDERS; WAIVER. (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 approved by the Department of State Health Services.

(b) The judge may waive the educational program requirement only 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 educational program; and

(4) whether the defendant resides out of state or does not have access to transportation.

(c) The judge shall set out the finding of good cause 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

Article: Previous  42A.306  42A.307  42A.351  42A.352  42A.401  42A.402  42A.403  42A.404  42A.405  42A.406  42A.407  42A.408  42A.409  42A.451  42A.452  Next

Last modified: September 28, 2016