By: Thompson, Senfronia H.B. No. 1286
73R4341 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to deferral of proceedings in certain misdemeanor
1-3 proceedings.
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
1-9 Sec. 1. In a case involving a misdemeanor punishable by fine
1-10 only, if the justice or municipal court determines that the ends of
1-11 justice and the best interests of the public and the defendant will
1-12 be served, the justice or municipal court, after a finding of
1-13 guilt, assessment of punishment, and payment of court costs by the
1-14 defendant, may defer signing the judgment for a period not to
1-15 exceed 180 days. The justice or municipal court shall determine
1-16 the terms and conditions of deferral and shall specify a date and
1-17 time before the end of the deferral period on which the defendant
1-18 must appear in court to present satisfactory evidence of compliance
1-19 with the conditions imposed.
1-20 Sec. 2. During the period of deferral, the justice or
1-21 municipal court may require the defendant to comply with any
1-22 reasonable condition, including:
1-23 (1) posting of a bond in the amount of the fine and
1-24 costs to secure payment of the fine and costs;
2-1 (2) payment of restitution to the victim of the
2-2 offense, but only after the justice or municipal court has
2-3 considered the ability of the defendant to pay the restitution;
2-4 (3) participation for the time specified by the
2-5 justice or municipal court, in any community-based program,
2-6 including a community service work program designated by the
2-7 justice or municipal court;
2-8 (4) attendance at counseling sessions or treatment or
2-9 educational programs related to substance abuse, health, parenting,
2-10 school attendance, improvement of learning skills, driving safety,
2-11 or financial management;
2-12 (5) compliance with the Texas Motor Vehicle
2-13 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
2-14 Statutes); or
2-15 (6) obtaining a valid driver's license.
2-16 Sec. 3. The order deferring proceedings must be in writing
2-17 and contain a notice to the defendant that the failure to comply
2-18 with the conditions of deferral or the defendant's failure to
2-19 appear as required will result in the entry of the judgment and the
2-20 issuance of process for the arrest of the defendant unless the fine
2-21 is timely paid.
2-22 Sec. 4. (a) If the defendant appears as required and the
2-23 justice or municipal court finds that the defendant has
2-24 satisfactorily complied with the conditions of the deferral, the
2-25 justice or municipal court shall dismiss the proceeding. The
2-26 justice or municipal court may require the defendant to pay an
2-27 administrative expense in an amount not to exceed the amount of the
3-1 fine assessed.
3-2 (b) If the defendant appears as required and the justice or
3-3 municipal court finds that the defendant has not satisfactorily
3-4 complied with the conditions of the deferral, the justice or
3-5 municipal court shall sign the judgment or for good cause may
3-6 continue the deferral period for not more than 30 days to allow the
3-7 defendant to comply with the conditions of deferral.
3-8 Sec. 5. If the defendant fails to appear as required, the
3-9 justice or municipal court shall sign the judgment and notify the
3-10 defendant of the entry of the judgment, in writing, mailed to the
3-11 defendant's last known address. Before the 31st day after the date
3-12 the judgment is signed, the defendant shall pay any fine assessed
3-13 or give an appeal bond in the amount stated in the notice.
3-14 Sec. 6. <(1) On a plea of guilty or nolo contendere by a
3-15 defendant or on a finding of guilt in a misdemeanor case punishable
3-16 by fine only and payment of all court costs, the justice may defer
3-17 further proceedings without entering an adjudication of guilt and
3-18 place the defendant on probation for a period not to exceed 180
3-19 days. This article does not apply to a misdemeanor case disposed
3-20 of by Section 143A, Uniform Act Regulating Traffic on Highways
3-21 (Article 6701d, Vernon's Texas Civil Statutes), or a serious
3-22 traffic violation as defined in Section 3(26), Texas Commercial
3-23 Driver's License Act (Article 6687b-2, Revised Statutes).>
3-24 <(2) During the deferral period, the justice shall
3-25 require the defendant to successfully complete a Central Education
3-26 Agency-approved driving safety course, if the offense alleged is an
3-27 offense involving the operation of a motor vehicle, other than a
4-1 commercial motor vehicle, as defined in Subdivision (6), Section 3,
4-2 Texas Commercial Driver's License Act (Article 6687b-2, Revised
4-3 Statutes).>
4-4 <(3) During said deferral period, the justice may
4-5 require the defendant to:>
4-6 <(a) post a bond in the amount of the fine
4-7 assessed to secure payment of the fine;>
4-8 <(b) pay restitution to the victim of the
4-9 offense in an amount not to exceed the fine assessed;>
4-10 <(c) submit to professional counseling; and>
4-11 <(d) comply with any other reasonable condition.>
4-12 <(4) At the conclusion of the deferral period, if the
4-13 defendant presents satisfactory evidence that he has complied with
4-14 the requirements imposed, the justice shall dismiss the complaint,
4-15 and it shall be clearly noted in the docket that the complaint is
4-16 dismissed and that there is not a final conviction. Otherwise, the
4-17 justice may proceed with an adjudication of guilt. After an
4-18 adjudication of guilt, the justice may reduce the fine assessed or
4-19 may then impose the fine assessed, less any portion of the assessed
4-20 fine that has been paid. If the complaint is dismissed, a special
4-21 expense not to exceed the amount of the fine assessed may be
4-22 imposed.>
4-23 <(5) If at the conclusion of the deferral period the
4-24 defendant does not present satisfactory evidence that the defendant
4-25 complied with the requirements imposed, the justice may impose the
4-26 fine assessed or impose a lesser fine. The imposition of the fine
4-27 or lesser fine constitutes a final conviction of the defendant.>
5-1 <(6)> Records relating to a proceeding <complaint>
5-2 dismissed as provided by this article may be expunged under Article
5-3 55.01 of this code. If a proceeding <complaint> is dismissed under
5-4 this article, there is not a final conviction and the proceeding
5-5 <complaint> may not be used against the person for any purpose.
5-6 Sec. 7. This article does not apply to a misdemeanor case
5-7 disposed of under Section 143A, Uniform Act Regulating Traffic on
5-8 Highways (Article 6701d, Vernon's Texas Civil Statutes), or a
5-9 serious traffic violation as defined by Section 3, Texas Commercial
5-10 Driver's License Act (Article 6687b-2, Revised Statutes).
5-11 SECTION 2. Article 42.111, Code of Criminal Procedure, is
5-12 amended to read as follows:
5-13 Art. 42.111. Deferral of proceedings in cases appealed to
5-14 county court. If a defendant convicted of a misdemeanor punishable
5-15 by fine only appeals the conviction to a county court, on the trial
5-16 in county court the defendant may enter a plea of guilty or nolo
5-17 contendere to the offense. If the defendant enters a plea of
5-18 guilty or nolo contendere, the court may defer further proceedings
5-19 <without entering an adjudication of guilt> in the same manner as
5-20 provided for the deferral of proceedings in justice court or
5-21 municipal court under Article 45.54 of this code. This article
5-22 does not apply to a misdemeanor case disposed of by Section 143A,
5-23 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
5-24 Texas Civil Statutes), or a serious traffic violation as defined in
5-25 Section 3(26), Texas Commercial Driver's License Act (Article
5-26 6687b-2, Revised Statutes).
5-27 SECTION 3. Section 152(b), Uniform Act Regulating Traffic on
6-1 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
6-2 to read as follows:
6-3 (b) Within thirty (30) days after conviction or forfeiture
6-4 of bail of a person upon a charge of violating any provision of
6-5 this Act or other law regulating the operation of vehicles on
6-6 highways, every said magistrate of the court or clerk of the court
6-7 in which such conviction was had or bail was forfeited shall
6-8 prepare and immediately forward to the department a written record
6-9 covering the case in which said person was so convicted or
6-10 forfeited bail and containing the information required in
6-11 Subsection (c) of this section. A justice of the peace or
6-12 municipal judge who defers further proceedings<, suspends all or
6-13 part of the imposition of the fine, and places a defendant on
6-14 probation> under Article 45.54, Code of Criminal Procedure, or a
6-15 county court judge who follows the same procedure pursuant to
6-16 Article 42.111, Code of Criminal Procedure, may not cause to be
6-17 forwarded a written record to the department unless the justice or
6-18 judge subsequently proceeds to sign the judgment <with an
6-19 adjudication of guilt>, in which event the justice or judge shall
6-20 cause to be forwarded the written record not later than the
6-21 thirtieth (30th) day after the date on which the justice or judge
6-22 signs the judgment <adjudicates guilt>. The department may not
6-23 collect a written record that is prohibited from being reported
6-24 under this subsection.
6-25 SECTION 4. The changes in law made by this Act apply only to
6-26 a deferral ordered on or after the effective date of this Act. A
6-27 deferral ordered before the effective date of this Act is covered
7-1 by the law in effect when the deferral was ordered, and the former
7-2 law is continued in effect for this purpose.
7-3 SECTION 5. This Act takes effect September 1, 1993.
7-4 SECTION 6. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.