By:  Place                                             H.B. No. 538
       73R2698 JD-D
                                 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.