SRC-MAX S.B. 166 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 166
By: Harris
Jurisprudence
1-28-97
As Filed


DIGEST 

The use of deferred adjudication for traffic offenders without having to
complete a driving safety course is increasing in municipal courts and
among justices of the peace.  This process removes the traffic violation
from the offender's driving record, which can eliminate a trail of repeat
offenses.  The chief complaint regarding the inclusion of a traffic safety
course as an element of deferred adjudication is the administrative
difficulties of correlating the time of completion to the period of
probation. 

Currently, the deferral period is allowed to extend until evidence of
course completion is submitted, or 90 days, whichever comes first.   In
order to relieve any administrative complications that could result from
this deferral process, this bill would set certain time limits on this
deferral.   In addition, S.B.  166 provides a deferral of proceedings
which allows a person to complete a motorcycle operator training course in
a certain amount of time. 

PURPOSE

As proposed, S.B. 166 provides a deferral of  proceedings for certain
traffic offenses that allows a person to complete an approved driving
safety courses or motorcycle operator training course. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 543.103 and 543.104, Transportation Code, to
conform to Section 1, Chapter 334, and Section 28, Chapter 1009, Acts of
the 74th Legislature, Regular Session, 1995, as follows: 

Sec.  543.103.  MANDATORY DEFERRAL.  Requires the court to defer
proceedings and allow a person 60 days to take a driving safety course
approved under Article 4413(29c), V.T.C.S., (Texas Driver and Traffic
Safety Education Act) or a motorcycle operator training course approved by
the Department of Public Safety (department). Provides a person with 30
additional days to present a uniform certificate as written evidence of
successful completion of a driving safety course or successful completion
of a motorcycle operator training course.  Provides that Subsection (a)
applies only if the person enters a plea in person or in writing of no
contest or guilty and completes certain actions before the answer date on
the notice to appear, rather than the citation.  Makes conforming changes. 

Sec.  543.104.  PERMISSIVE DEFERRAL.  Makes conforming and nonsubstantive
changes.   
SECTION 2. Amends Articles 45.54(1)-(3), Code of Criminal Procedure, to
provide that this article does not apply to a misdemeanor case disposed of
by Chapter 543B, Transportation Code, or a serious traffic violation as
defined by Section 522.003, Transportation Code.  Makes conforming
changes.   

SECTION 3. Amends the Transportation Code to conform to changes in law
made by Section 1, Chapter 334, and Section 28, Chapter 1009, Acts of the
74th Legislature, Regular Session, 1995, in  addition to the substantive
changes in law made by this Act. 

SECTION 4. Makes application of the Act prospective. 

SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.