| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to driving safety or motorcycle operator training course |
|
|
dismissal. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 45A.352(a) and (b), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) The judge shall require a defendant to successfully |
|
|
complete a driving safety course approved by the Texas Department |
|
|
of Licensing and Regulation or a course under the motorcycle |
|
|
operator training and safety program approved by the designated |
|
|
state agency under Chapter 662, Transportation Code, if: |
|
|
(1) the defendant elects driving safety course or |
|
|
motorcycle operator training course dismissal under this |
|
|
subchapter; |
|
|
(2) the defendant: |
|
|
(A) has a Texas driver's license or permit; or |
|
|
(B) is a member, or the spouse or dependent child |
|
|
of a member, of the United States military forces serving on active |
|
|
duty; |
|
|
(3) either: |
|
|
(A) the defendant has not completed an approved |
|
|
driving safety course or motorcycle operator training course, as |
|
|
appropriate, within the 12-month period preceding the date of the |
|
|
offense; or |
|
|
(B) the defendant: |
|
|
(i) does not have a Texas driver's license |
|
|
or permit; |
|
|
(ii) is a member, or the spouse or dependent |
|
|
child of a member, of the United States military forces serving on |
|
|
active duty; and |
|
|
(iii) has not completed a driving safety |
|
|
course or motorcycle operator training course, as appropriate, in |
|
|
another state within the 12-month period preceding the date of the |
|
|
offense; |
|
|
(4) on or before the answer date on the notice to |
|
|
appear, the defendant enters, under Article 45A.151(a), a plea of |
|
|
nolo contendere or guilty in person or in writing and: |
|
|
(A) presents in person or by counsel to the court |
|
|
a request to take a course; or |
|
|
(B) sends a written request to take a course to |
|
|
the court: |
|
|
(i) by certified mail, return receipt |
|
|
requested, postmarked on or before the answer date on the notice to |
|
|
appear[, a written request to take a course]; or |
|
|
(ii) if authorized by the court, through a |
|
|
court-designated e-mail address or Internet portal, on or before |
|
|
the answer date on the notice to appear; |
|
|
(5) the defendant is charged with an offense to which |
|
|
this subchapter applies, other than speeding at a speed of: |
|
|
(A) 95 miles per hour or more; or |
|
|
(B) 25 miles per hour or more over the posted |
|
|
speed limit; and |
|
|
(6) the defendant provides evidence of financial |
|
|
responsibility as required by Chapter 601, Transportation Code. |
|
|
(b) If a defendant described by Subsection (a) is charged |
|
|
with more than one offense to which this subchapter applies arising |
|
|
out of the same criminal transaction, each charge for an offense |
|
|
described by this subsection is eligible for dismissal under this |
|
|
subchapter following the successful [The court may dismiss only one |
|
|
charge for each] completion of one [a] course described by |
|
|
Subsection (a) for all of the charges, provided that: |
|
|
(1) each charge on its own would be eligible for |
|
|
dismissal under this subchapter; and |
|
|
(2) the defendant otherwise satisfies the |
|
|
requirements of this subchapter. |
|
|
SECTION 2. Article 45A.356(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(c) If a defendant satisfies the requirements of Subsection |
|
|
(a), the court shall: |
|
|
(1) remove the judgment and dismiss each eligible |
|
|
[the] charge; |
|
|
(2) report the fact that the defendant successfully |
|
|
completed a driving safety course or a motorcycle operator training |
|
|
course and the date of completion to the Department of Public Safety |
|
|
for inclusion in the defendant's driving record; and |
|
|
(3) state in the report under Subdivision (2) whether |
|
|
the course was taken under this subchapter to provide information |
|
|
necessary to determine eligibility to take a subsequent course |
|
|
under Article 45A.352(a). |
|
|
SECTION 3. Article 45A.358, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) In addition to court costs and fees authorized or |
|
|
imposed by a law of this state and applicable to the offense, the |
|
|
court may: |
|
|
(1) subject to Subsection (a-1), require a defendant |
|
|
requesting a driving safety course or motorcycle operator training |
|
|
course under Article 45A.352(a) to pay a reimbursement fee in an |
|
|
amount of not more than $10 to cover the cost of administering this |
|
|
subchapter; or |
|
|
(2) require a defendant requesting a driving safety |
|
|
course or motorcycle operator training course under Article |
|
|
45A.352(c) to pay a fine set by the court in an amount not to exceed |
|
|
the maximum amount of the fine for the offense committed by the |
|
|
defendant. |
|
|
(a-1) If a defendant is requesting a driving safety course |
|
|
or motorcycle operator training course for more than one offense |
|
|
arising out of the same criminal transaction, as described by |
|
|
Article 45A.352(b), the court may require the defendant to pay a |
|
|
separate reimbursement fee under Subsection (a)(1) for each offense |
|
|
committed by the defendant that is eligible for dismissal under |
|
|
Article 45A.352(b). |
|
|
SECTION 4. The changes in law made by this Act to Articles |
|
|
45A.352(b) and 45A.358, Code of Criminal Procedure, apply to a |
|
|
defendant requesting a driving safety course or motorcycle operator |
|
|
training course on or after the effective date of this Act, |
|
|
regardless of whether the offenses for which the course is |
|
|
requested were committed before, on, or after the effective date of |
|
|
this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |