Skip to main content

Texas Code of Criminal Procedure - CRIM P Art. 42A.253. Contents of Presentence Report

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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 of restitution necessary to adequately compensate a victim of the offense;

(3)?the criminal and social history of the defendant;

(4)?a proposed supervision plan describing programs and sanctions that the community supervision and corrections department will provide the defendant if the judge suspends the imposition of the sentence or grants deferred adjudication community supervision;

(5)?if the defendant is charged with a state jail felony, recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report;

(6)?the results of a psychological evaluation of the defendant that determines, at a minimum, the defendant's IQ and adaptive behavior score if the defendant:

(A)?is convicted of a felony offense; ?and

(B)?appears to the judge, through the judge's own observation or on the suggestion of a party, to have a mental impairment;

(7)?information regarding whether the defendant is a current or former member of the state military forces or whether the defendant currently serves or has previously served in the armed forces of the United States in an active-duty status and, if available, a copy of the defendant's military discharge papers and military records;

(8)?if the defendant has served in the armed forces of the United States in an active-duty status, a determination as to whether the defendant was deployed to a combat zone and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury; ?and

(9)?any other information relating to the defendant or the offense as requested by the judge.

(b)?A presentence report is not required to contain a sentencing recommendation.

Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 42A.253. Contents of Presentence Report - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-253.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard