§ 42A.257 — EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION.

Texas § 42A.257

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 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 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 .

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 1.01, eff. January 1, 2017.