Enrolled Bill Summary

            Senate Bill 631 amends provisions of the Code of Criminal Procedure relating to the suspension of sentence and the deferral of adjudication in cases involving certain misdemeanor traffic offenses. The bill specifies that an order of deferral of adjudication terminates any liability under a bail bond or an appearance bond. The bill increases the requirements a judge may subject a defendant to during the deferral period.

            The bill sets forth the procedures for a person to elect to take a driving safety or motorcycle operator training course. The bill requires the court to enter judgment on the defendant's plea of no contest or guilty, defer imposition of the judgment, and allow the defendant 90 days to complete the course. In addition to court costs and fees, the bill authorizes the court to require a defendant requesting a driver safety course to pay an additional fee set by the court. Upon completion of the course, the court is required to remove the judgment and dismiss the charge. If the defendant does not complete the course, the bill requires the court to enter an adjudication of guilt and impose sentence.

            The authorization for a judge to suspend a sentence or defer disposition and the defendant's right to complete a driving safety course or a motorcycle operator training and safety program to dismiss a traffic offense do not apply to a traffic offense committed in a construction or maintenance work zone when workers are present or to an offense committed by a person who holds a commercial driver's license.