Texas Statutes
Subchapter F. Presentence and Postsentence Reports and Evaluations
Article 42A.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation

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

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