BILL ANALYSIS



H.B. 710
By: Moffat
04-27-95
Committee Report (Amended)


BACKGROUND

Current law requires the court to make a condition of deferral that
the defendant take a defensive driving course if the defendant has
completed a defensive driving course within the preceding twelve
(12) months.  Municipal court judges have expressed that it makes
no practical sense to force them to extend defensive driving
deferment to someone who has already taken the course.

PURPOSE

If enacted, H.B. 710 allow municipal court judges flexibility in
offering a defensive driving deferment. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.54(2), Code of Criminal Procedure
(SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION), by
deleting the requirement that the defendant has completed an
approved driving safety course within the preceding 12 months.

SECTION 2.  Changes in law made by this Act apply only to a
deferral ordered on or after the effective date of this Act.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.


EXPLANATION OF AMENDMENTS

The amendment deletes from the bill that the defendant is a first
time offender who wants to have deferred adjudication.  Changes the
requirement of the judge from "shall" to may" regarding the
completion of a driving safety course during the deferral period.

SUMMARY OF COMMITTEE ACTION

HB 710 was considered by the full committee in a public hearing on
April 19, 1995.   The bill was left pending.  HB 710 was considered
in a formal meeting on April 27, 1995.  An amendment to the bill
was considered.  The amendment was adopted without objection.  HB
710 was reported favorably as amended, with the recommendation that
it do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, and
3 absent.