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 Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:
(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.