reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter F. Presentence and Postsentence Reports and Evaluations › Article 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 report, other than a proposed supervision plan and any information that is reflected in the judgment.
(b)  If a postsentence report is ordered, the supervision officer shall send the report to the clerk of the court not later than the 30th day after the date on which sentence is pronounced or deferred adjudication community supervision is granted.  The clerk shall deliver the postsentence report with the papers in the case to a designated officer of the Texas Department of Criminal Justice, to the extent required by Section 8(a), Article 42.09.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter G. Discretionary Conditions Generally › Article 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 days, in a felony case.
(b)  A judge who requires as a condition of community supervision that the defendant serve a term of confinement in a community corrections facility under Subchapter M may not impose a term of confinement under this article that, if added to the term imposed under Subchapter M, exceeds 24 months.
(c)  A judge may impose a term of confinement as a condition of community supervision under this article on placing the defendant on supervision or at any time during the supervision period.  The judge may impose terms of confinement as a condition of community supervision in increments smaller than the maximum terms provided by Subsection (a), except that the judge may not impose terms of confinement that, if added together, exceed the maximum terms provided by Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter G. Discretionary Conditions Generally › Article 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 to whom this article applies to perform community service, the judge may authorize the defendant to perform not more than 30 hours of community outreach under this article instead of performing hours of community service.
(c)  Community outreach under this article must consist of working with a secondary school at the direction of the judge to educate students on the dangers and legal consequences of possessing, manufacturing, or delivering a controlled substance.
(d)  A secondary school is not required to allow a defendant to perform community outreach at that school.
(e)  The judge may not authorize the defendant to perform hours of community outreach under this article instead of performing hours of community service if:
(1)  the defendant is physically or mentally incapable of participating in community outreach; or
(2)  the defendant is subject to registration as a sex offender under Chapter 62.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter G. Discretionary Conditions Generally › Article 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.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter G. Discretionary Conditions Generally › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. Mandatory Conditions Generally › Article 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 educational skill level of students who have completed the sixth grade in public schools in this state.
(b)  If the judge determines that the defendant has not attained the educational skill level described by Subsection (a), the judge shall require as a condition of community supervision that the defendant attain that level of educational skill, unless the judge also determines that the defendant lacks the intellectual capacity or the learning ability to ever achieve that level of educational skill.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. Mandatory Conditions Generally › Article 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 record of the defendant, unless the defendant has already submitted the required sample under Section 411.1471, Government Code, or other law.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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 United States armed forces, including a member of the reserves, national guard, or state guard.
(b)  The judge granting community supervision to a defendant described by Subsection (a) shall inform the defendant of the defendant's eligibility for participation in a veterans reemployment program but may not require the defendant to participate in the program.
(c)  A judge may impose any condition of community supervision that the judge is authorized to impose under this chapter on a defendant who chooses to participate in the program under this subchapter, except that the judge may not impose a condition related to the program or the defendant's participation in the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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 training courses under this article must focus on providing a participant with useful workplace skills most likely to lead to gainful employment by the participant.
(c)  The education and training courses may be individualized based on any physical or intellectual limitations of the participant.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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 employment for a continuous period of three months;
(2)  diligently searches for employment for a continuous period of six months; or
(3)  is determined by the court to be unemployable because of a disability.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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 program following the defendant's completion of that period.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter H. -1. Veterans Reemployment Program › Article 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, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 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 defendant submit to:
(1)  not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a), Penal Code;
(2)  not less than five days of confinement in county jail if the defendant was punished under Section 49.09(a), Penal Code, and was subject to Section 49.09(h), Penal Code;
(3)  not less than 10 days of confinement in county jail if the defendant was punished under Section 49.09(b), Penal Code;
(4)  not less than 30 days of confinement in county jail if the defendant was convicted of an offense under Section 49.07, Penal Code; or
(5)  a term of confinement of not less than 120 days if the defendant was convicted of an offense under Section 49.08, Penal Code.
(b)  If a sentence of confinement is imposed on the revocation of community supervision, the term of confinement served under Subsection (a) may not be credited toward completion of the sentence imposed.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 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 the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by  the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(b)  This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.
(c)  If the defendant by a motion in writing shows good cause, the judge may:
(1)  waive the educational program requirement; or
(2)  to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant's community supervision.
(d)  In determining good cause, the judge may consider but is not limited to:
(1)  the defendant's school and work schedule;
(2)  the defendant's health;
(3)  the distance that the defendant must travel to attend an in-person educational program;
(4)  the fact that the defendant resides out of state, does not have a valid driver's license, or does not have access to transportation; and
(5)  whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.
(d-1)  The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045.
(e)  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 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(a), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(b), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 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 repeat offenders that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(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 in-person educational program;
(4)  whether the defendant resides out of state or does not have access to transportation; and
(5)  whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.
(b-1)  The judge shall waive the educational program requirement if the defendant successfully completes 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 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.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 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 as a condition of community supervision if the defendant successfully completes education while the defendant is confined to the residential treatment facility.
(b)  The Department of State Health Services shall approve education provided at substance abuse treatment facilities.
(c)  The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this article.
(d)  For purposes of this article, a substance abuse treatment facility includes:
(1)  a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code;
(2)  a community corrections facility, as defined by Section 509.001, Government Code; or
(3)  a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(e), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 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 program requirement under Article 42A.403 or the defendant successfully completes education under Article 42A.4045, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record.  If the court grants an extension of time in which the defendant may complete the educational program under Article 42A.403, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department.  The clerk's report under this subsection must include the beginning date of the defendant's community supervision.
(b)  On the defendant's successful completion of an educational program under Article 42A.403 or 42A.404, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department.  The community supervision and corrections department shall forward the notice to the court clerk for filing.
(b-1)  Upon release from a residential treatment facility at which the person successfully completed education under Article 42A.4045, at the request of the court clerk, the director of the residential treatment facility shall give notice to the Department of Public Safety for inclusion in the person's driving record.
(c)  If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by the judge under this subchapter, as shown on department records, the department, as provided by Sections 521.344(e) and (f), Transportation Code, shall:
(1)  revoke the defendant's driver's license; or
(2)  prohibit the defendant from obtaining a license.
(d)  The Department of Public Safety may not reinstate a license revoked under Subsection (c) as the result of an educational program requirement imposed under Article 42A.403 unless the defendant whose license was revoked applies to the department for reinstatement of the license and pays to the department a reinstatement fee of $100.  The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund.
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(g), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter I. Conditions Applicable to Certain Intoxication Offenses › Article 42A.409. Community Supervision for Enhanced Public Intoxication Offense

(a)  On conviction of an offense punishable as a Class C misdemeanor under Section 49.02, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 49.02 or 42.01, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record.  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
(b)  All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under Subsection (a), except that the court shall require the defendant as a condition of community supervision to:
(1)  submit to diagnostic testing for addiction to alcohol or a controlled substance or drug;
(2)  submit to a psychological assessment;
(3)  if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and
(4)  pay the costs of testing, assessment, and treatment or education, either directly or as a court cost.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter J. Conditions Applicable to Sex Offenders › Article 42A.451. Sex Offender Registration; DNA Sample

A judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall require that the defendant, as a condition of community supervision:
(1)  register under that chapter; and
(2)  submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under other state law.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter J. Conditions Applicable to Sex Offenders › Article 42A.452. Treatment, Specialized Supervision, or Rehabilitation

A judge who grants community supervision to a sex offender evaluated under Article 42A.258 may require the sex offender as a condition of community supervision to submit to treatment, specialized supervision, or rehabilitation according to offense-specific standards of practice adopted by the Council on Sex Offender Treatment.  On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.12, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter J. Conditions Applicable to Sex Offenders › Article 42A.454. Certain Internet Activity Prohibited

(a)  This article applies only to a defendant who is required to register as a sex offender under Chapter 62, by court order or otherwise, and:
(1)  is convicted of or receives a grant of deferred adjudication community supervision for a violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal Code;
(2)  used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62; or
(3)  is assigned a numeric risk level of two or three based on an assessment conducted under Article 62.007.
(b)  If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall:
(1)  prohibit the defendant from using the Internet to:
(A)  access material that is obscene, as defined by Section 43.21, Penal Code;
(B)  access a commercial social networking site, as defined by Article 62.0061(f);
(C)  communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or
(D)  communicate with another individual the defendant knows is younger than 17 years of age; and
(2)  to ensure the defendant's compliance with Subdivision (1), require the defendant to submit to regular inspection or monitoring of each electronic device used by the defendant to access the Internet.
(c)  The court may modify at any time the condition described by Subsection (b)(1)(D) if:
(1)  the condition interferes with the defendant's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant; or
(2)  the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual.
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. 23.018(a), eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter J. Conditions Applicable to Sex Offenders › Article 42A.455. Payment to Children's Advocacy Center

A judge who grants community supervision to a defendant charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code, may require the defendant to pay a fine in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.13, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.501. Community Supervision for Offense Committed Because of Bias or Prejudice

(a)  A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant:
(1)  serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or
(2)  serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor.
(b)  The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if:
(1)  the offense for which the court has made the affirmative finding is an offense under Section 19.02, Penal Code; or
(2)  the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.502. Community Supervision for Certain Violent Offenses; Child Safety Zone

(a)  In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(b)  A judge granting community supervision to a defendant convicted of an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d) may establish a child safety zone applicable to the defendant, if the nature of the offense for which the defendant is convicted warrants the establishment of a child safety zone, by requiring as a condition of community supervision that the defendant not:
(1)  supervise or participate in any program that:
(A)  includes as participants or recipients persons who are 17 years of age or younger; and
(B)  regularly provides athletic, civic, or cultural activities; or
(2)  go in or on, or within a distance specified by the judge of, a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility.
(c)  At any time after the imposition of a condition under Subsection (b), the defendant may request the judge to modify the child safety zone applicable to the defendant because the zone as created by the judge:
(1)  interferes with the defendant's ability to attend school or hold a job and consequently constitutes an undue hardship for the defendant; or
(2)  is broader than is necessary to protect the public, given the nature and circumstances of the offense.
(d)  This article does not apply to a defendant described by Article 42A.453.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.503. Community Supervision for Certain Child Abuse Offenses; Prohibited Contact With Victim

(a)  If the court grants community supervision to a defendant convicted of an offense described by Article 17.41(a), the court may require as a condition of community supervision that the defendant not:
(1)  directly communicate with the victim of the offense; or
(2)  go near a residence, school, or other location, as specifically described in the copy of terms and conditions, that is frequented by the victim.
(b)  In imposing the condition under Subsection (a), the court may grant the defendant supervised access to the victim.
(c)  To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the court granting community supervision, not to exceed 90 days.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.504. Community Supervision for Certain Offenses Involving Family Violence; Special Conditions

(a)  In this article:
(1)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(2)  "Family violence center" has the meaning assigned by Section 51.002, Human Resources Code.
(b)  If a judge grants community supervision to a defendant convicted of an offense under Title 5, Penal Code, that the court determines involves family violence, the judge shall require the defendant to pay a fine of $100 to a family violence center that:
(1)  receives state or federal funds; and
(2)  serves the county in which the court is located.
(c)  If the court grants community supervision to a defendant convicted of an offense involving family violence, the court may require the defendant, at the direction of the supervision officer, to:
(1)  attend a battering intervention and prevention program or counsel with a provider of battering intervention and prevention services if the program or provider has been accredited under Section 4A, Article 42.141, as conforming to program guidelines under that article; or
(2)  if the referral option under Subdivision (1) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence.
(d)  If the court requires the defendant to attend counseling or a program, the court shall require the defendant to begin attendance not later than the 60th day after the date the court grants community supervision, notify the supervision officer of the name, address, and phone number of the counselor or program, and report the defendant's attendance to the supervision officer.  The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment.  If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant.  The court may also require the defendant to pay all or a part of the reasonable costs incurred by the victim for counseling made necessary by the offense, on a finding that the defendant is financially able to make payment.  The court may order the defendant to make payments under this subsection for a period not to exceed one year after the date on which the order is entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.14, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.505. Community Supervision for Stalking Offense; Prohibited Contact With Victim

(a)  If the court grants community supervision to a defendant convicted of an offense under Section 42.072, Penal Code, the court may require as a condition of community supervision that the defendant not:
(1)  communicate directly or indirectly with the victim; or
(2)  go to or near:
(A)  the residence, place of employment, or business of the victim; or
(B)  a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(b)  If the court requires the prohibition contained in Subsection (a)(2) as a condition of community supervision, the court shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.506. Community Supervision for Defendant With Mental Impairment

If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Article 42A.253(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if:
(1)  the defendant's:
(A)  mental impairment is chronic in nature; or
(B)  ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and
(2)  the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through:
(A)  the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053, Health and Safety Code; or
(B)  another mental health or intellectual disability services provider.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.507. Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs; Electronic Monitoring

(a)  This article applies only to a defendant who:
(1)  is identified as a member of a criminal street gang in an intelligence database established under Chapter 67; and
(2)  has two or more times been previously convicted of, or received a grant of deferred adjudication community supervision or another functionally equivalent form of community supervision or probation for, a felony offense under the laws of this state, another state, or the United States.
(b)  A court granting community supervision to a defendant described by Subsection (a) may, on the defendant's conviction of a felony offense, require as a condition of community supervision that the defendant submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location.
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. 1058 (H.B. 2931), Sec. 4.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.508. Community Supervision for Certain Organized Crime Offenses; Restrictions on Operation of Motor Vehicle

A court granting community supervision to a defendant convicted of an offense under Chapter 71, Penal Code, may impose as a condition of community supervision restrictions on the defendant's operation of a motor vehicle, including specifying:
(1)  hours during which the defendant may not operate a motor vehicle; and
(2)  locations at or in which the defendant may not operate a motor vehicle.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.509. Community Supervision for Graffiti Offense

A court granting community supervision to a defendant convicted of an offense under Section 28.08, Penal Code, shall require as a condition of community supervision that the defendant perform:
(1)  at least 15 hours of community service if the amount of pecuniary loss resulting from the commission of the offense is $50 or more but less than $500; or
(2)  at least 30 hours of community service if the amount of pecuniary loss resulting from the commission of the offense is $500 or more.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.510. Community Supervision for Enhanced Disorderly Conduct Offense

(a)  On conviction of an offense punishable as a Class C misdemeanor under Section 42.01, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 42.01 or 49.02, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record.  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
(b)  All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under this article, except that the court shall require the defendant as a condition of community supervision to:
(1)  submit to diagnostic testing for addiction to alcohol or a controlled substance or drug;
(2)  submit to a psychological assessment;
(3)  if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and
(4)  pay the costs of testing, assessment, and treatment or education, either directly or as a court cost.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.511. Community Supervision for Certain Offenses Involving Animals

(a)  If a judge grants community supervision to a defendant convicted of an offense under Section 42.09, 42.091, 42.092, or 42.10, Penal Code, the judge may require the defendant to:
(1)  complete an online responsible pet owner course approved and certified by the Texas Department of Licensing and Regulation; or
(2)  attend a responsible pet owner course sponsored by a municipal animal shelter, as defined by Section 823.001, Health and Safety Code, that:
(A)  receives federal, state, county, or municipal funds; and
(B)  serves the county in which the court is located.
(b)  For purposes of the online responsible pet owner course described by Subsection (a)(1), the Texas Department of Licensing and Regulation or the Texas Commission of Licensing and Regulation, as appropriate:
(1)  is responsible for the approval, certification, and administration of the course and course providers;
(2)  may charge fees for:
(A)  initial and renewal course certifications;
(B)  initial and renewal course provider certifications;
(C)  course participant completion certificates; and
(D)  other fees necessary for the administration of the course and course providers;
(3)  shall adopt rules regarding the administration of the course and course providers, including rules regarding:
(A)  the criteria for course approval and certification;
(B)  the criteria for course provider approval and certification;
(C)  curriculum development;
(D)  course length and content;
(E)  criteria for a participant to complete the course; and
(F)  a course completion certificate that is acceptable to a court;
(4)  is authorized to monitor and audit the provision of the course by the course providers; and
(5)  may take enforcement actions as appropriate to enforce this subsection.
(c)  If a judge grants community supervision to a defendant convicted of an offense under Section 21.09, 42.091, 42.092, 42.10, or 42.105, Penal Code, the judge may:
(1)  require the defendant to relinquish custody of any animals in the defendant's possession;
(2)  prohibit the defendant from possessing or exercising control over any animals or residing in a household where animals are present; or
(3)  require the defendant to participate in a psychological counseling or other appropriate treatment program for a period to be determined by the court.
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. 739 (S.B. 1232), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1132 (H.B. 162), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(4), eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 506 (S.B. 48), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.512. Community Supervision for Electronic Transmission of Certain Visual Material

(a)  In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian.  The term does not include a parent whose parental rights have been terminated.
(b)  If a judge grants community supervision to a defendant who is convicted of or charged with an offense under Section 43.261, Penal Code, the judge may require as a condition of community supervision that the defendant attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(c)  The court shall require the defendant or the defendant's parent to pay the cost of attending an educational program under Subsection (b) if the court determines that the defendant or the defendant's parent is financially able to make payment.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.513. Community Supervision for Making Firearm Accessible to Child

(a)  A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community supervision that the defendant:
(1)  provide an appropriate public service activity designated by the court; or
(2)  attend a firearms safety course that meets or exceeds the requirements set by the National Rifle Association as of January 1, 1995, for a firearms safety course that requires not more than 17 hours of instruction.
(b)  The court shall require the defendant to pay the cost of attending the firearms safety course under Subsection (a)(2).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.