Title CR, Code of Criminal Procedure

Art. 42A.105. AFFIRMATIVE FINDINGS. (a) If a judge places on deferred adjudication community supervision a defendant charged with a sexually violent offense, as defined by Article 62.001, the judge shall make an affirmative finding of fact and file a statement of that affirmative…

Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section 552.142, Government Code, a record in the custody of the court clerk regarding a case in which a defendant is granted deferred adjudication community supervision…

Art. 42A.107. REQUEST FOR FINAL ADJUDICATION. On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant's plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cas…

Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in Article 42A.751. (…

Art. 42A.109. DUE DILIGENCE DEFENSE. For the purposes of a hearing under Article 42A.108, it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervisio…

Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION. (a) After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal, continue as if the adjudication of guilt had not been defer…

Art. 42A.111. DISMISSAL AND DISCHARGE. (a) On expiration of a period of deferred adjudication community supervision imposed under this subchapter, if the judge has not proceeded to an adjudication of guilt, the judge shall dismiss the proceedings against the defendant and dischar…

Art. 42A.151. TRANSFER OF JURISDICTION. (a) After a defendant has been placed on community supervision, jurisdiction of the case may be transferred to a court of the same rank in this state that: (1) has geographical jurisdiction where the defendant: (A) resides; or (B) violates …

Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING GEOGRAPHICAL JURISDICTION. (a) A judge of a court having geographical jurisdiction where a defendant resides or where the defendant violates a condition of community supervision may issue a warrant for the defendant's arrest. (b) …

Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE. (a) If, for good and sufficient reasons, a defendant desires to change the defendant's residence within the state, the change may be effected by application to the supervising supervision officer. (b) The change of residence is …

Art. 42A.154. LEAVING THE STATE. A defendant who leaves the state without permission of the judge having jurisdiction of the case is: (1) considered a fugitive from justice; and (2) subject to extradition as provided by law. Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299…

Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR CASES. (a) For the purposes of this article, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is imposed for conviction of a misdemeanor continues for 180 days from the date the e…

Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES. (a) For the purposes of this article, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days fro…

Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN FELONY CASES. (a) Except as otherwise provided by Subsection (b), only the judge who originally sentenced the defendant may suspend execution of the sentence and place the defendant on community supervision under Article…

Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM USED OR EXHIBITED. (a) If in the trial of a felony of the second degree or higher there is an affirmative finding described by Article 42A.054(d) and the jury recommends that the court place the defendant on community supervisi…

Art. 42A.251. DEFINITIONS. In this subchapter: (1) "Council" means the Council on Sex Offender Treatment. (2) "Sex offender" means a person who has been convicted of, or has entered a plea of guilty or nolo contendere for, an offense under any one of the following provisions of t…

Art. 42A.252. PRESENTENCE REPORT REQUIRED. (a) Except as provided by Subsections (b) and (c), before the imposition of the sentence by a judge, the judge shall direct a supervision officer to prepare a presentence report for the judge. (b) The judge is not required to direct a su…

Art. 42A.253. CONTENTS OF PRESENTENCE REPORT. (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 crimi…

Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS. The judge may not inspect a presentence report and the contents of the report may not be disclosed to any person unless: (1) the defendant pleads guilty or nolo contendere or is convicted of the offense; or (2) the defend…

Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE. (a) Unless waived by the defendant, at least 48 hours before sentencing a defendant, the judge shall permit the defendant or the defendant's attorney to read the presentence report. (b) The judge s…

Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer co…

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 Healt…

Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If the defendant is a sex offender, the judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a pe…

Art. 42A.259. POSTSENTENCE REPORT. (a) If a presentence report in a felony case is not required under Article 42A.252(c), the judge may direct a supervision officer to prepare a postsentence report containing the same information that would have been required for the presentence …

Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. (a) The judge of the court having jurisdiction of the case shall determine the conditions of community supervision after considering the results of a risk and needs assessment conducted with respect to the defendant. The assessment mu…

Art. 42A.302. CONFINEMENT. (a) If a judge having jurisdiction of a case requires as a condition of community supervision that the defendant submit to a term of confinement in a county jail, the term of confinement may not exceed: (1) 30 days, in a misdemeanor case; or (2) 180 day…

Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a court places a defendant on community supervision under any provision of this chapter as an alternative to imprisonment, the judge may require as a condition of community supervision that the defendant serve a term of confine…

Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community service projects for one or more organizations approved by the judge and designated by the department. The…

Art. 42A.305. COMMUNITY OUTREACH. (a) This article applies only to a defendant placed on community supervision for an offense involving the possession, manufacture, or delivery of a controlled substance under Chapter 481, Health and Safety Code. (b) If a judge orders a defendant …

Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF STATE. A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may impose on the defendant any term of community supervision authorized by this chapter. Added by Acts 2015, 84th Leg., R…

Art. 42A.307. ORCHIECTOMY PROHIBITED. A judge may not require a defendant to undergo an orchiectomy as a condition of community supervision. Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017. SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY

Art. 42A.351. EDUCATIONAL SKILL LEVEL. (a) If the judge or jury places a defendant on community supervision, the judge shall require the defendant to demonstrate to the court whether the defendant has an educational skill level that is equal to or greater than the average educati…

Art. 42A.352. DNA SAMPLE. A judge granting community supervision to a defendant convicted of a felony shall require as a condition of community supervision that the defendant provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA …

Art. 42A.381. VETERANS REEMPLOYMENT PROGRAM. In this subchapter, "veterans reemployment program" means a program that provides education and training to veterans with the goal that the veterans obtain workforce skills and become gainfully employed. Added by Acts 2019, 86th Leg., …

Art. 42A.382. ELIGIBILITY. (a) A defendant placed on community supervision, including deferred adjudication community supervision, for a misdemeanor offense is eligible to participate in a veterans reemployment program under this subchapter if the defendant is a veteran of the Un…

Art. 42A.383. EDUCATION AND TRAINING COURSES. (a) The program shall provide program participants with access to workforce development education and training courses developed or approved by the Texas Workforce Commission under Chapter 316, Labor Code. (b) The education and traini…

Art. 42A.384. COMPLETION OF PROGRAM. A participant successfully completes the veterans reemployment program if the participant diligently attends and successfully completes the education and training courses under Article 42A.383 and: (1) obtains employment and retains that emplo…

Art. 42A.385. EXTENDED PERIOD ALLOWED FOR COMPLETION OF PROGRAM. A defendant is not required to successfully complete a program under this subchapter before the defendant completes the applicable period of community supervision. The defendant may continue to participate in a prog…

Art. 42A.386. FAILURE TO COMPLETE PROGRAM. The judge may not revoke the community supervision of a defendant solely because the defendant fails to successfully complete a program under this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, …

Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defend…

Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION AND REHABILITATION. (a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to an evaluation…

Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME. (a) A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that…

Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER. (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 repe…

Art. 42A.4045. ALTERNATIVE TO EDUCATIONAL PROGRAM: SUBSTANCE ABUSE TREATMENT FACILITY. (a) A judge shall waive the educational requirement under Article 42A.403 or 42A.404 for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility a…

Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE. (a) If a defendant is required as a condition of community supervision to successfully complete an educational program under Article 42A.403 or 42A.404, or if the court waives the educational …

Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE. (a) A jury that recommends community supervision for a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, n…