Texas statute
Tex. Code Crim. Proc. art. 42A.257 — Evaluation for purposes of alcohol or drug rehabilitation
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 42A: COMMUNITY SUPERVISION, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 42A.257
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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 .
Official sources
This reference is informational and is not legal advice.