Tex. Code Crim. Proc. art. 42A.256 · Subchapter F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259. The judge may also issue a subpoena to obtain that information.
(b) A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as:
(1) provided by:
(A) Subsection (c);
(B) Article 42A.255;
(C) Article 42A.257;
(D) Article 42A.259; or
(E) Section 614.017, Health and Safety Code; or
(2) directed by the judge for the effective supervision of the defendant.
(c) If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who:
(1) is licensed or certified in this state to provide mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) certified social worker; and
(2) provides mental health or medical services for the rehabilitation of the defendant.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm
- Text hash
- sha256 4c99cf722b523af71eabc38c28554e64bee453a7aabe5843bab811b9d99eac8c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 42A.255INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE.Printed as Article 42A.255
- Tex. Code Crim. Proc. art. 42A.257EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION.Printed as Article 42A.257
- Tex. Code Crim. Proc. art. 42A.259POSTSENTENCE REPORT.Printed as Article 42A.259
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.