Tex. Code Crim. Proc. art. 42A.257 · Subchapter F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:
(1) the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or
(2) the case involves a second or subsequent offense under:
(A) Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or
(B) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.
(b) The evaluation must be made:
(1) after arrest and before conviction, if requested by the defendant;
(2) after conviction and before sentencing, if the judge assesses punishment in the case;
(3) after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case; or
(4) after community supervision is granted, if the evaluation is required as a condition of community supervision under Article 42A.402.
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 6f25ae1fafea82825b383358ad9d3d0cb8bba327b1f358cc6ff3df305088bacc
- 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
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Code of Criminal Procedure
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