SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B PLACEMENT ON COMMUNITY SUPERVISION
- Texas Article 42A.001 - Definitions
In this chapter: (1) "Community supervision" means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed...
- Texas Article 42A.051 - Authority To Grant Community Supervision, Impose Or Modify Conditions, Or Discharge Defendant
(a) Unless the judge has transferred jurisdiction of the case to another court under Article 42A.151, only the court in which the defendant was tried...
- Texas Article 42A.052 - Modification Of Conditions By Supervision Officer Or Magistrate
(a) A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district...
- Texas Article 42A.053 - Judge-ordered Community Supervision
(a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may:...
- Texas Article 42A.054 - Limitation On Judge-ordered Community Supervision
(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under: (1) Section 15.03, Penal Code, if the offense is punishable...
- Texas Article 42A.055 - Jury-recommended Community Supervision
(a) A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence...
- Texas Article 42A.056 - Limitation On Jury-recommended Community Supervision
A defendant is not eligible for community supervision under Article 42A.055 if the defendant: (1) is sentenced to a term of imprisonment that exceeds 10...
SUBCHAPTER C DEFERRED ADJUDICATION COMMUNITY SUPERVISION
- Texas Article 42A.057 - Minimum Period Of Community Supervision For Certain Burglaries Of Vehicles
The minimum period of community supervision for an offense under Section 30.04, Penal Code, punishable as a Class A misdemeanor with a minimum term of...
- Texas Article 42A.101 - Placement On Deferred Adjudication Community Supervision
(a) Except as provided by Article 42A.102(b), if in the judge's opinion the best interest of society and the defendant will be served, the judge...
- Texas Article 42A.102 - Eligibility For Deferred Adjudication Community Supervision
(a) A judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless...
- Texas Article 42A.103 - Period Of Deferred Adjudication Community Supervision
(a) In a felony case, the period of deferred adjudication community supervision may not exceed 10 years. For a defendant charged with a felony under...
- Texas Article 42A.104 - Conditions Of Deferred Adjudication Community Supervision; Imposition Of Fine
(a) The judge may impose a fine applicable to the offense and require any reasonable condition of deferred adjudication community supervision that a judge could...
- Texas Article 42A.105 - Affirmative Findings
(a) If a judge places on deferred adjudication community supervision a defendant charged with a sexually violent offense, as defined by Article 62.001, the judge...
- Texas Article 42A.106 - Record Not Confidential; Right To Petition For Order Of Nondisclosure
(a) Except as provided by Section 552.142, Government Code, a record in the custody of the court clerk regarding a case in which a defendant...
- Texas Article 42A.107 - Request For Final Adjudication
On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant's plea and the deferment...
- Texas Article 42A.108 - Violation Of Condition Of Deferred Adjudication Community Supervision; Hearing
(a) On violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in...
- Texas Article 42A.109 - Due Diligence Defense
For the purposes of a hearing under Article 42A.108, it is an affirmative defense to revocation for an alleged violation based on a failure to...
- Texas Article 42A.110 - Proceedings After Adjudication
(a) After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal, continue as if...
SUBCHAPTER D JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
- Texas Article 42A.111 - Dismissal And Discharge
(a) On expiration of a period of deferred adjudication community supervision imposed under this subchapter, if the judge has not proceeded to an adjudication of...
- Texas Article 42A.151 - Transfer Of Jurisdiction
(a) After a defendant has been placed on community supervision, jurisdiction of the case may be transferred to a court of the same rank in...
- Texas Article 42A.152 - Issuance Of Warrant By Court Having Geographical Jurisdiction
(a) A judge of a court having geographical jurisdiction where a defendant resides or where the defendant violates a condition of community supervision may issue...
- Texas Article 42A.153 - Change Of Residence Within The State
(a) If, for good and sufficient reasons, a defendant desires to change the defendant's residence within the state, the change may be effected by application...
SUBCHAPTER E PARTIAL EXECUTION OF SENTENCE; CONTINUING JURISDICTION
- Texas Article 42A.154 - Leaving The State
A defendant who leaves the state without permission of the judge having jurisdiction of the case is: (1) considered a fugitive from justice; and (2)...
- Texas Article 42A.201 - Continuing Jurisdiction In Misdemeanor Cases
(a) For the purposes of this article, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is...
- Texas Article 42A.202 - Continuing Jurisdiction In Felony Cases
(a) For the purposes of this article, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for...
- Texas Article 42A.203 - Authority To Suspend Execution Of Sentence In Felony Cases
(a) Except as otherwise provided by Subsection (b), only the judge who originally sentenced the defendant may suspend execution of the sentence and place the...
SUBCHAPTER F PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
- Texas Article 42A.204 - Partial Execution Of Sentence: Firearm Used Or Exhibited
(a) If in the trial of a felony of the second degree or higher there is an affirmative finding described by Article 42A.054(d) and the...
- Texas Article 42A.251 - Definitions
In this subchapter: (1) "Council" means the Council on Sex Offender Treatment. (2) "Sex offender" means a person who has been convicted of, or has...
- Texas Article 42A.252 - Presentence Report Required
(a) Except as provided by Subsections (b) and (c), before the imposition of the sentence by a judge, the judge shall direct a supervision officer...
- Texas Article 42A.253 - Contents Of Presentence Report
(a) A presentence report must be in writing and include: (1) the circumstances of the offense with which the defendant is charged; (2) the amount...
- Texas Article 42A.254 - Inspection By Judge; Disclosure Of Contents
The judge may not inspect a presentence report and the contents of the report may not be disclosed to any person unless: (1) the defendant...
- Texas Article 42A.255 - Inspection And Comment By Defendant; Access To Information By State
(a) Unless waived by the defendant, at least 48 hours before sentencing a defendant, the judge shall permit the defendant or the defendant's attorney to...
- Texas Article 42A.256 - Release Of Information To Supervision Officer; Confidentiality Of Report
(a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence...
- Texas Article 42A.257 - Evaluation For Purposes Of Alcohol Or Drug Rehabilitation
(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...
- Texas Article 42A.258 - Evaluation For Purposes Of Sex Offender Treatment, Specialized Supervision, Or Rehabilitation
(a) If the defendant is a sex offender, the judge shall direct a supervision officer approved by the community supervision and corrections department or the...
SUBCHAPTER G DISCRETIONARY CONDITIONS GENERALLY
- Texas Article 42A.259 - Postsentence Report
(a) If a presentence report in a felony case is not required under Article 42A.252(c), the judge may direct a supervision officer to prepare a...
- Texas Article 42A.301 - Basic Discretionary Conditions
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that...
- Texas Article 42A.302 - Confinement
(a) If a judge having jurisdiction of a case requires as a condition of community supervision that the defendant submit to a term of confinement...
- Texas Article 42A.303 - Substance Abuse Felony Program
(a) If a court places a defendant on community supervision under any provision of this chapter as an alternative to imprisonment, the judge may require...
- Texas Article 42A.304 - Community Service
(a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community...
- Texas Article 42A.305 - Community Outreach
(a) This article applies only to a defendant placed on community supervision for an offense involving the possession, manufacture, or delivery of a controlled substance...
- Texas Article 42A.306 - Supervision Of Defendant From Out Of State
A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may impose on the defendant any term of community supervision...
SUBCHAPTER H MANDATORY CONDITIONS GENERALLY
- Texas Article 42A.307 - Orchiectomy Prohibited
A judge may not require a defendant to undergo an orchiectomy as a condition of community supervision. Added by Acts 2015, 84th Leg., R.S., Ch....
- Texas Article 42A.351 - Educational Skill Level
(a) If the judge or jury places a defendant on community supervision, the judge shall require the defendant to demonstrate to the court whether the...
SUBCHAPTER I CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
- Texas Article 42A.352 - Dna Sample
A judge granting community supervision to a defendant convicted of a felony shall require as a condition of community supervision that the defendant provide a...
- Texas Article 42A.401 - Confinement As Condition Of Community Supervision For Certain Intoxication Offenses
(a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community...
- Texas Article 42A.402 - Drug Or Alcohol Dependence Evaluation And Rehabilitation
(a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community...
- Texas Article 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...
- Texas Article 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...
- Texas Article 42A.405 - Rules For And Administration Of Educational Programs
(a) The Health and Human Services Commission shall adopt rules for the educational program under Article 42A.404. (b) The Department of State Health Services shall:...
- Texas Article 42A.406 - Effect Of Educational Program Requirements On Driving Record And License
(a) If a defendant is required as a condition of community supervision to attend an educational program under Article 42A.403 or 42A.404, or if the...
- Texas Article 42A.407 - Suspension Of Driver's License
(a) A jury that recommends community supervision for a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license...
- Texas Article 42A.408 - Use Of Ignition Interlock Device
(a) In this article, "ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor...
SUBCHAPTER J CONDITIONS APPLICABLE TO SEX OFFENDERS
- Texas Article 42A.409 - Community Supervision For Enhanced Public Intoxication Offense
(a) On conviction of an offense punishable as a Class C misdemeanor under Section 49.02, Penal Code, for which punishment is enhanced under Section 12.43(c),...
- Texas Article 42A.451 - Sex Offender Registration; Dna Sample
A judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall require that the defendant, as a...
- Texas Article 42A.452 - Treatment, Specialized Supervision, Or Rehabilitation
A judge who grants community supervision to a sex offender evaluated under Article 42A.258 may require the sex offender as a condition of community supervision...
- Texas Article 42A.453 - Child Safety Zone
(a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code. (b)...
- Texas Article 42A.454 - Certain Internet Activity Prohibited
(a) This article applies only to a defendant who is required to register as a sex offender under Chapter 62, by court order or otherwise,...
SUBCHAPTER K CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND OFFENDERS
- Texas Article 42A.455 - Payment To Children's Advocacy Center
A judge who grants community supervision to a defendant charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code, may require...
- Texas Article 42A.501 - Community Supervision For Offense Committed Because Of Bias Or Prejudice
(a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014...
- Texas Article 42A.502 - Community Supervision For Certain Violent Offenses; Child Safety Zone
(a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code. (b)...
- Texas Article 42A.503 - Community Supervision For Certain Child Abuse Offenses; Prohibited Contact With Victim
(a) If the court grants community supervision to a defendant convicted of an offense described by Article 17.41(a), the court may require as a condition...
- Texas Article 42A.504 - Community Supervision For Certain Offenses Involving Family Violence; Special Conditions
(a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) "Family violence center" has the meaning assigned by...
- Texas Article 42A.505 - Community Supervision For Stalking Offense; Prohibited Contact With Victim
(a) If the court grants community supervision to a defendant convicted of an offense under Section 42.072, Penal Code, the court may require as a...
- Texas Article 42A.506 - Community Supervision For Defendant With Mental Impairment
If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with...
- Texas Article 42A.507 - Community Supervision For Certain Defendants Identified As Members Of Criminal Street Gangs; Electronic Monitoring
(a) This article applies only to a defendant who: (1) is identified as a member of a criminal street gang in an intelligence database established...
- Texas Article 42A.508 - Community Supervision For Certain Organized Crime Offenses; Restrictions On Operation Of Motor Vehicle
A court granting community supervision to a defendant convicted of an offense under Chapter 71, Penal Code, may impose as a condition of community supervision...
- Texas Article 42A.509 - Community Supervision For Graffiti Offense
A court granting community supervision to a defendant convicted of an offense under Section 28.08, Penal Code, shall require as a condition of community supervision...
- Texas Article 42A.510 - Community Supervision For Enhanced Disorderly Conduct Offense
(a) On conviction of an offense punishable as a Class C misdemeanor under Section 42.01, Penal Code, for which punishment is enhanced under Section 12.43(c),...
- Texas Article 42A.511 - Community Supervision For Certain Offenses Involving Animals
If a judge grants community supervision to a defendant convicted of an offense under Section 42.09, 42.091, 42.092, or 42.10, Penal Code, the judge may...
- Texas Article 42A.512 - Community Supervision For Electronic Transmission Of Certain Visual Material
(a) In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. The term does not include a parent...
SUBCHAPTER L STATE JAIL FELONY COMMUNITY SUPERVISION
- Texas Article 42A.513 - Community Supervision For Making Firearm Accessible To Child
(a) A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community...
- Texas Article 42A.551 - Placement On Community Supervision; Execution Of Sentence
(a) Except as otherwise provided by Subsection (b) or (c), on conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or...
- Texas Article 42A.552 - Review Of Presentence Report
Before imposing a sentence in a state jail felony case in which the judge assesses punishment, the judge shall: (1) review the presentence report prepared...
- Texas Article 42A.553 - Minimum And Maximum Periods Of Community Supervision; Extension
(a) The minimum period of community supervision a judge may impose under this subchapter is two years. The maximum period of community supervision a judge...
- Texas Article 42A.554 - Conditions Of Community Supervision
(a) A judge assessing punishment in a state jail felony case may impose any condition of community supervision on the defendant that the judge could...
- Texas Article 42A.555 - Confinement As A Condition Of Community Supervision
(a) A judge assessing punishment in a state jail felony case may impose as a condition of community supervision that a defendant submit at the...
- Texas Article 42A.556 - Sanctions Imposed On Modification Of Community Supervision
If in a state jail felony case a defendant violates a condition of community supervision imposed under this chapter and after a hearing under Article...
- Texas Article 42A.557 - Report By Director Of Facility
The facility director of a state jail felony facility shall report to a judge who orders a defendant confined in the facility as a condition...
- Texas Article 42A.558 - Revocation; Options Regarding Execution Of Sentence
(a) If in a state jail felony case a defendant violates a condition of community supervision imposed under this chapter and after a hearing under...
- Texas Article 42A.559 - Credits For Time Served
(a) For purposes of this article, "diligent participation" includes: (1) successful completion of an educational, vocational, or treatment program; (2) progress toward successful completion of...
- Texas Article 42A.560 - Medical Release
(a) If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant...
SUBCHAPTER M COMMUNITY CORRECTIONS FACILITIES
- Texas Article 42A.561 - Medical Release
(a) If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant...
- Texas Article 42A.601 - Definition
In this subchapter, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B....
- Texas Article 42A.602 - Maximum Term Or Terms Of Confinement
(a) If a judge requires as a condition of community supervision or participation in a drug court program established under Chapter 123, Government Code, or...
- Texas Article 42A.603 - Effect Of Revocation On Credit For Time Spent In Facility
A defendant granted community supervision under this chapter and required as a condition of community supervision to serve a term of confinement under this subchapter...
- Texas Article 42A.604 - Evaluation Of Defendant's Behavior And Attitude
(a) As directed by the judge, the community corrections facility director shall file with the community supervision and corrections department director or administrator of a...
- Texas Article 42A.605 - Placement In Community Service Project
If ordered by the judge who placed the defendant on community supervision, a community corrections facility director shall attempt to place a defendant as a...
- Texas Article 42A.606 - Confinement Required; Exceptions
A defendant participating in a program under this subchapter must be confined in the community corrections facility at all times except for time spent: (1)...
SUBCHAPTER N PAYMENTS; FEES
- Texas Article 42A.607 - Disposition Of Salary
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by...
- Texas Article 42A.651 - Payment As Condition Of Community Supervision
(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for: (1) the payment...
- Texas Article 42A.652 - Monthly Fee
(a) Except as otherwise provided by this article, a judge who grants community supervision to a defendant shall set a fee of not less than...
- Texas Article 42A.653 - Additional Monthly Fee For Certain Sex Offenders
(a) A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal...
- Texas Article 42A.654 - Fees Due On Conviction
For the purpose of determining when fees due on conviction are to be paid to any officer, the placement of a defendant on community supervision...
SUBCHAPTER O REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD
- Texas Article 42A.655 - Ability To Pay
The court shall consider the defendant's ability to pay in ordering the defendant to make any payments under this chapter. Added by Acts 2015, 84th...
- Texas Article 42A.701 - Reduction Or Termination Of Community Supervision Period
(a) At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is...
SUBCHAPTER P REVOCATION AND OTHER SANCTIONS
- Texas Article 42A.702 - Time Credits For Completion Of Certain Conditions Of Community Supervision
(a) This article applies only to a defendant who: (1) is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a...
- Texas Article 42A.751 - Violation Of Conditions Of Community Supervision; Detention And Hearing
(a) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision...
- Texas Article 42A.752 - Continuation Or Modification Of Community Supervision After Violation
(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community...
- Texas Article 42A.753 - Extension Of Community Supervision After Violation
(a) On a showing of good cause, the judge may extend a period of community supervision under Article 42A.752(a)(2) as frequently as the judge determines...
- Texas Article 42A.754 - Authority To Revoke Community Supervision
Only the court in which the defendant was tried may revoke the defendant's community supervision unless the judge has transferred jurisdiction of the case to...
- Texas Article 42A.755 - Revocation Of Community Supervision
(a) If community supervision is revoked after a hearing under Article 42A.751(d), the judge may: (1) proceed to dispose of the case as if there...
- Texas Article 42A.756 - Due Diligence Defense
For the purposes of a hearing under Article 42A.751(d), it is an affirmative defense to revocation for an alleged violation based on a failure to...
- Texas Article 42A.757 - Extension Of Community Supervision For Certain Sex Offenders
(a) If a defendant is placed on deferred adjudication community supervision after being convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code,...