By Black H.B. No. 1778
74R4416 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deferral of the disposition of certain criminal
1-3 complaints charging the violation of certain traffic offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (2), (3), (4), (5), and (6), Article
1-6 45.54, Code of Criminal Procedure, are amended to read as follows:
1-7 (2) During the deferral period, <the justice shall require
1-8 the defendant to successfully complete a Central Education
1-9 Agency-approved driving safety course, if the offense alleged is an
1-10 offense involving the operation of a motor vehicle, other than a
1-11 commercial motor vehicle, as defined in Subdivision (6), Section 3,
1-12 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-13 Statutes), and the defendant:>
1-14 <(A) has completed an approved driving safety course
1-15 within the preceding 12 months; or>
1-16 <(B) is a first-time offender who elects deferred
1-17 adjudication.>
1-18 <(3) During said deferral period,> the justice may require
1-19 the defendant to:
1-20 (a) post a bond in the amount of the fine assessed to
1-21 secure payment of the fine;
1-22 (b) pay restitution to the victim of the offense in an
1-23 amount not to exceed the fine assessed;
1-24 (c) submit to professional counseling;
2-1 (d) comply with any other reasonable condition; and
2-2 (e) <require the defendant to> successfully complete a
2-3 Central Education Agency approved driving safety course, if<:>
2-4 <(1)> the offense alleged is an offense
2-5 involving the operation of a motor vehicle, other than a commercial
2-6 motor vehicle, as defined in Subdivision (6), Section 3, Texas
2-7 Commercial Driver's License Act (Article 6687b-2, Revised
2-8 Statutes)<; and>
2-9 <(2) the defendant has not completed an approved
2-10 driving safety course within the preceding 12 months>.
2-11 (3) <(4)> At the conclusion of the deferral period, if the
2-12 defendant presents satisfactory evidence that he has complied with
2-13 the requirements imposed, the justice shall dismiss the complaint,
2-14 and it shall be clearly noted in the docket that the complaint is
2-15 dismissed and that there is not a final conviction. Otherwise, the
2-16 justice may proceed with an adjudication of guilt. After an
2-17 adjudication of guilt, the justice may reduce the fine assessed or
2-18 may then impose the fine assessed, less any portion of the assessed
2-19 fine that has been paid. If the complaint is dismissed, a special
2-20 expense not to exceed the amount of the fine assessed may be
2-21 imposed.
2-22 (4) <(5)> If at the conclusion of the deferral period the
2-23 defendant does not present satisfactory evidence that the defendant
2-24 complied with the requirements imposed, the justice may impose the
2-25 fine assessed or impose a lesser fine. The imposition of the fine
2-26 or lesser fine constitutes a final conviction of the defendant.
2-27 (5) <(6)> Records relating to a complaint dismissed as
3-1 provided by this article may be expunged under Article 55.01 of
3-2 this code. If a complaint is dismissed under this article, there
3-3 is not a final conviction and the complaint may not be used against
3-4 the person for any purpose.
3-5 SECTION 2. Section 143A(c), Uniform Act Regulating Traffic
3-6 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
3-7 amended to read as follows:
3-8 (c) The court may require the person requesting a driving
3-9 safety course under Subsection (a)(1) or (a)(2) of this section to
3-10 pay a fee set by the court at an amount that does not exceed $30
3-11 <$10> including any special fees authorized by statute or municipal
3-12 ordinance to cover the cost of administering this section. Fees
3-13 collected under this subsection by a municipal court shall be
3-14 deposited in the municipal treasury. Fees collected by other
3-15 courts shall be deposited in the county treasury of the county in
3-16 which the court is located. If the person requesting a driving
3-17 safety course does not take the course, the person is not entitled
3-18 to a refund of the fee required by this subsection.
3-19 SECTION 3. This Act takes effect September 1, 1995. The
3-20 changes in law made by this Act apply only to an offense committed
3-21 on or after that date. An offense committed before the effective
3-22 date of this Act is covered by the law in effect when the offense
3-23 was committed, and the former law is continued in effect for that
3-24 purpose. For purposes of this section, an offense was committed
3-25 before the effective date of this Act if any element of the offense
3-26 occurred before that date.
3-27 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.