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AN ACT
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relating to the suspension of sentence and deferral of final |
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disposition in certain misdemeanor cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1), (c-1), and (c-2) and amending |
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Subsections (d) and (d-1) to read as follows: |
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(a-1) Notwithstanding any other provision of law, as an |
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alternative to requiring a defendant charged with one or more |
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offenses to make payment of all court costs as required by |
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Subsection (a), the judge, in the judge's discretion, may: |
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(1) allow the defendant to enter into an agreement for |
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payment of those costs in installments during the defendant's |
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period of probation; |
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(2) require an eligible defendant to discharge all or |
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part of those costs by performing community service under Article |
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45.049; or |
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(3) take any combination of actions authorized by |
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Subdivision (1) or (2). |
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(c-1) If the defendant fails to present within the deferral |
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period satisfactory evidence of compliance with the requirements |
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imposed by the judge under this article, the court shall: |
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(1) notify the defendant in writing, mailed to the |
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address on file with the court or appearing on the notice to appear, |
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of that failure; and |
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(2) require the defendant to appear at the time and |
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place stated in the notice to show cause why the order of deferral |
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should not be revoked. |
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(c-2) On the defendant's showing of good cause for failure |
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to present satisfactory evidence of compliance with the |
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requirements imposed by the judge under this article, the court may |
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allow an additional period during which the defendant may present |
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evidence of the defendant's compliance with the requirements. |
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(d) If on the date of a show cause hearing under Subsection |
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(c-1) or, if applicable, by the conclusion of an additional period |
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provided under Subsection (c-2) [the deferral period] the defendant |
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does not present satisfactory evidence that the defendant complied |
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with the requirements imposed, the judge may impose the fine |
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assessed or impose a lesser fine. The imposition of the fine or |
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lesser fine constitutes a final conviction of the defendant. This |
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subsection does not apply to a defendant required under Subsection |
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(b-1) to complete a driving safety course approved under Chapter |
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1001, Education Code, or an examination under Section |
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521.161(b)(2), Transportation Code. |
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(d-1) If the defendant was required to complete a driving |
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safety course or an examination under Subsection (b-1) and on the |
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date of a show cause hearing under Subsection (c-1) or, if |
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applicable, by the conclusion of an additional period provided |
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under Subsection (c-2) [the deferral period] the defendant does not |
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present satisfactory evidence that the defendant completed that |
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course or examination, the judge shall impose the fine assessed. |
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The imposition of the fine constitutes a final conviction of the |
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defendant. |
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SECTION 2. The change in law made by this Act in adding |
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Subsections (c-1) and (c-2) to and amending Subsections (d) and |
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(d-1) of Article 45.051, Code of Criminal Procedure, applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2267 was passed by the House on April |
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19, 2007, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2267 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |