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Article 42A.404. Educational Program for Certain Repeat Intoxication Offenders; Waiver

TX Code Crim Pro art 42A.404 (2019) (N/A)
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(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.

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

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(c), eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(d), eff. September 1, 2017.

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Article 42A.403. Educational Program for Certain Intoxication Offenders; Waiver or Extension of Time
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Article 42A.4045. Alternative to Educational Program: Substance Abuse Treatment Facility