By Duncan H.B. No. 2252
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to deleting the requirement that a driving safety course
1-3 must be taken as a condition of deferred adjudication for Class C
1-4 traffic offenses and adding the restriction that deferred
1-5 adjudication may be given by a court to an individual only one time
1-6 per year.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Art. 45.54, Code of Criminal Procedure, is
1-9 amended as follows:
1-10 (1) On a plea of guilty or nolo contendere by a defendant or
1-11 on a finding of guilt in a misdemeanor case punishable by fine only
1-12 and payment of all court costs, the justice or municipal court
1-13 judge may defer further proceedings without entering an
1-14 adjudication of guilt and place the defendant on probation for a
1-15 period not to exceed 180 days. This article does not apply to a
1-16 misdemeanor case disposed of by Section 143A, Uniform Act
1-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-18 Statutes), or a serious traffic violation as defined in Section
1-19 3(26), Texas Commercial Driver's License Act (Article 6687b-2,
1-20 Revised Statutes).
1-21 (2) The justice or municipal court judge shall not grant a
1-22 subsequent deferred probation to a defendant within one (1) year
1-23 from the date the last deferred probation was granted to said
2-1 defendant, if the offense alleged is an offense involving the
2-2 operation of a motor vehicle. <During the deferral period, the
2-3 justice shall require the defendant to successfully complete a
2-4 Central Education Agency-approved driving safety course, if the
2-5 offense alleged is an offense involving the operation of a motor
2-6 vehicle, other than a commercial motor vehicle, as defined in
2-7 Subdivision (6), Section 3, Texas Commercial Driver's License Act
2-8 (Article 6687(b)(2), Revised Statutes).>
2-9 (3) The justice or municipal court judge shall not grant a
2-10 deferred adjudication probation to a defendant who is alleged to
2-11 have committed an offense in violation of Subdivision (6), Section
2-12 3, Texas Commercial Driver's License Act (Article 6687(b)(2)
2-13 Revised Statutes).
2-14 (4) During said deferral period, the justice may require the
2-15 defendant to:
2-16 (a) post a bond in the amount of the fine assessed to secure
2-17 payment of the fine;
2-18 (b) pay restitution to the victim of the offense in an
2-19 amount not to exceed the fine assessed;
2-20 (c) submit to professional counseling; and
2-21 (d) comply with any other reasonable condition.
2-22 (5) <(4)> At the conclusion of the deferral period, if the
2-23 defendant presents satisfactory evidence that he has complied with
2-24 the requirements imposed, the justice shall dismiss the complaint,
2-25 and it shall be clearly noted in the docket that the complaint is
3-1 dismissed and that there is not a final conviction. Otherwise, the
3-2 justice may proceed with an adjudication of guilt. After an
3-3 adjudication of guilt, the justice may reduce the fine assessed or
3-4 may then impose the fine assessed, less any portion of the assessed
3-5 fine that has been paid. If the complaint is dismissed, a special
3-6 expense not to exceed the amount of the fine assessed may be
3-7 imposed.
3-8 (6) <(5)> If at the conclusion of the deferral period the
3-9 defendant does not present satisfactory evidence that the defendant
3-10 complied with the requirements imposed, the justice may impose the
3-11 fine assessed or impose a lesser fine. The imposition of the fine
3-12 or lesser fine constitutes a final conviction of the defendant.
3-13 (7) <(6)> Records relating to a complaint dismissed as
3-14 provided by this article may be expunged under Article 55.01 of
3-15 this code. If a complaint is dismissed under this article, there
3-16 is not a final conviction and the complaint may not be used against
3-17 the person for any purpose.
3-18 SECTION 2. This Act takes effect September 1, 1993, and
3-19 applies to all traffic violations occurring on or after that date.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.