By: Luna S.B. No. 132
73R2697 NSC-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, other than a misdemeanor case disposed of by Section
1-11 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
1-12 Vernon's Texas Civil Statutes), and payment of all court costs, the
1-13 justice 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) <During the deferral period, the justice shall require
1-22 the defendant to successfully complete a Central Education
1-23 Agency-approved driving safety course, if the offense alleged is an
1-24 offense involving the operation of a motor vehicle, other than a
2-1 commercial motor vehicle, as defined in Subdivision (6), Section 3,
2-2 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-3 Statutes).>
2-4 <(3)> During said deferral period, the justice may require
2-5 the defendant to:
2-6 (a) post a bond in the amount of the fine assessed to
2-7 secure payment of the fine;
2-8 (b) pay restitution to the victim of the offense in an
2-9 amount not to exceed the fine assessed;
2-10 (c) submit to professional counseling; and
2-11 (d) comply with any other reasonable condition.
2-12 (3) <(4)> At the conclusion of the deferral period, if the
2-13 defendant presents satisfactory evidence that he has complied with
2-14 the requirements imposed, the justice shall dismiss the complaint,
2-15 and it shall be clearly noted in the docket that the complaint is
2-16 dismissed and that there is not a final conviction. Otherwise, the
2-17 justice may proceed with an adjudication of guilt. After an
2-18 adjudication of guilt, the justice may reduce the fine assessed or
2-19 may then impose the fine assessed, less any portion of the assessed
2-20 fine that has been paid. If the complaint is dismissed, a special
2-21 expense not to exceed the amount of the fine assessed may be
2-22 imposed.
2-23 (4) <(5)> If at the conclusion of the deferral period the
2-24 defendant does not present satisfactory evidence that the defendant
2-25 complied with the requirements imposed, the justice may impose the
2-26 fine assessed or impose a lesser fine. The imposition of the fine
2-27 or lesser fine constitutes a final conviction of the defendant.
3-1 (5) <(6)> Records relating to a complaint dismissed as
3-2 provided by this article may be expunged under Article 55.01 of
3-3 this code. If a complaint is dismissed under this article, there
3-4 is not a final conviction and the complaint may not be used against
3-5 the person for any purpose.
3-6 SECTION 2. (a) The change in law made by this Act applies
3-7 only to a case in which the final disposition of the complaint is
3-8 made on or after the effective date of this Act.
3-9 (b) A case in which final disposition of the complaint was
3-10 made before the effective date of this Act is covered by the law in
3-11 effect when the final disposition was made, and the former law is
3-12 continued in effect for this purpose.
3-13 SECTION 3. 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,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.