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.