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Texas Code of Criminal Procedure - CRIM P Art. 42A.404. Educational Program for Certain Repeat Intoxication Offenders;  Waiver

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The judge shall require a defendant who is punished under Section 49.09, Penal Code, to attend and successfully complete as a condition of community supervision an educational program for repeat offenders that is approved by the Texas Department of Licensing and Regulation.

(b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause.  In determining good cause, the judge may consider:

(1) the defendant's school and work schedule;

(2) the defendant's health;

(3) the distance that the defendant must travel to attend an educational program;  and

(4) whether the defendant resides out of state or does not have access to transportation.

(b-1) The judge shall waive the educational program requirement if the defendant successfully completes equivalent education at a residential treatment facility under Article 42A.4045.

(c) The judge shall set out in the judgment, as applicable:

(1) the finding of good cause for waiver;  or

(2) the finding that the defendant has successfully completed equivalent education as provided by Article 42A.4045.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 42A.404. Educational Program for Certain Repeat Intoxication Offenders;  Waiver - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-404/

Read this complete Texas Code of Criminal Procedure - CRIM P Art. 42A.404. Educational Program for Certain Repeat Intoxication Offenders;  Waiver on Westlaw

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