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.