73R2698 JD-D
By Place H.B. No. 538
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deferral of the final disposition of certain
1-3 criminal complaints.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.54, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.54. Suspension of Sentence and Deferral of Final
1-8 Disposition. (1) On a plea of guilty or nolo contendere by a
1-9 defendant or on a finding of guilt in a misdemeanor case punishable
1-10 by fine only and payment of all court costs, the justice may defer
1-11 further proceedings without entering an adjudication of guilt and
1-12 place the defendant on probation for a period not to exceed 180
1-13 days. This article does not apply to a misdemeanor case disposed
1-14 of by Section 143A, Uniform Act Regulating Traffic on Highways
1-15 (Article 6701d, Vernon's Texas Civil Statutes), or a serious
1-16 traffic violation as defined in Section 3(26), Texas Commercial
1-17 Driver's License Act (Article 6687b-2, Revised Statutes).
1-18 (2) During the deferral period, the justice may <shall>
1-19 require the defendant to:
1-20 (A) successfully complete a Central Education Agency
1-21 approved driving safety course, if the offense alleged is an
1-22 offense involving the operation of a motor vehicle, other than a
1-23 commercial motor vehicle, as defined in Subdivision (6), Section 3,
1-24 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-1 Statutes);<.>
2-2 (B) <(3) During said deferral period, the justice may
2-3 require the defendant to:>
2-4 <(a)> post a bond in the amount of the fine assessed
2-5 to secure payment of the fine;
2-6 (C) <(b)> pay restitution to the victim of the offense
2-7 in an amount not to exceed the fine assessed;
2-8 (D) <(c)> submit to professional counseling; and
2-9 (E) <(d)> comply with any other reasonable condition.
2-10 (3) <(4)> At the conclusion of the deferral period, if the
2-11 defendant presents satisfactory evidence that he has complied with
2-12 the requirements imposed, the justice shall dismiss the complaint,
2-13 and it shall be clearly noted in the docket that the complaint is
2-14 dismissed and that there is not a final conviction. Otherwise, the
2-15 justice may proceed with an adjudication of guilt. After an
2-16 adjudication of guilt, the justice may reduce the fine assessed or
2-17 may then impose the fine assessed, less any portion of the assessed
2-18 fine that has been paid. If the complaint is dismissed, a special
2-19 expense not to exceed the amount of the fine assessed may be
2-20 imposed.
2-21 (4) <(5)> If at the conclusion of the deferral period the
2-22 defendant does not present satisfactory evidence that the defendant
2-23 complied with the requirements imposed, the justice may impose the
2-24 fine assessed or impose a lesser fine. The imposition of the fine
2-25 or lesser fine constitutes a final conviction of the defendant.
2-26 (5) <(6)> Records relating to a complaint dismissed as
2-27 provided by this article may be expunged under Article 55.01 of
3-1 this code. If a complaint is dismissed under this article, there
3-2 is not a final conviction and the complaint may not be used against
3-3 the person for any purpose.
3-4 SECTION 2. (a) The change in law made by this Act applies
3-5 only to an offense committed on or after the effective date of this
3-6 Act. For the purpose of this section, an offense was committed
3-7 before the effective date of this Act if any element of the offense
3-8 occurred before the effective date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for this purpose.
3-12 SECTION 3. This Act takes effect September 1, 1993.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.