By: Harris S.B. No. 166
A BILL TO BE ENTITLED
AN ACT
1-1 relating to deferral of proceedings for certain traffic offenses
1-2 for completion of a driving safety course.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 543.103 and 543.104, Transportation
1-5 Code, are amended to conform to Section 1, Chapter 334, and Section
1-6 28, Chapter 1009, Acts of the 74th Legislature, 1995, and further
1-7 amended to read as follows:
1-8 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-9 Subsection (b), the [The] court shall defer proceedings and allow a
1-10 person:
1-11 (1) 60 [90] days to take a driving safety course
1-12 approved under the Texas Driver and Traffic Safety Education Act
1-13 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
1-14 offense was committed while operating a motorcycle, a motorcycle
1-15 operator training course approved by the department under Chapter
1-16 662; and
1-17 (2) 30 additional days to present:
1-18 (A) a uniform certificate of course completion
1-19 as written evidence that after the alleged violation the person
1-20 successfully completed the [a] driving safety course; or
1-21 (B) written evidence that after the alleged
1-22 violation the person successfully completed the motorcycle operator
1-23 training course.
2-1 (b) Subsection (a) applies only [approved under the Texas
2-2 Driver and Traffic Safety Education Act (Article 4413(29c),
2-3 Vernon's Texas Civil Statutes)] if:
2-4 (1) the person enters a plea in person or in writing
2-5 of no contest or guilty and, before the answer date on the notice
2-6 to appear [citation]:
2-7 (A) presents in person to the court an oral or
2-8 written request to take a course; or
2-9 (B) sends to the court by certified mail, return
2-10 receipt requested, postmarked on or before the answer date on the
2-11 notice to appear, a written request to take a course;
2-12 (2) the court enters judgment on the person's plea of
2-13 no contest or guilty at the time the plea is made but defers
2-14 imposition of the judgment for the period provided by Subsection
2-15 (a) [90 days];
2-16 (3) the person has a Texas driver's license or permit;
2-17 (4) the person's driving record as maintained by the
2-18 department does not show successful completion of a driving safety
2-19 course or a motorcycle operator training course, as appropriate,
2-20 under this section within one year before the date of the alleged
2-21 violation;
2-22 (5) the person files an affidavit with the court
2-23 stating that the person is not taking a course under this section
2-24 and has not completed a course under this section that is not shown
2-25 on the person's driving record;
3-1 (6) the person is charged with an offense to which
3-2 this subchapter applies other than speeding 25 miles per hour or
3-3 more over the posted speed limit; and
3-4 (7) the person provides evidence of financial
3-5 responsibility as required by Chapter 601.
3-6 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
3-7 written motion submitted to the court before the final disposition
3-8 of the case, the court may grant a request to take a driving safety
3-9 course or a motorcycle operator training course under this section.
3-10 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
3-11 submitted to the court before the final disposition of the case,
3-12 the court may defer proceedings and allow a person:
3-13 (1) 60 [90] days to take a driving safety course
3-14 approved under the Texas Driver and Traffic Safety Education Act
3-15 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
3-16 offense was committed while operating a motorcycle, a motorcycle
3-17 operator training course approved by the department under Chapter
3-18 662; and
3-19 (2) 30 additional days to present:
3-20 (A) a uniform certificate of course completion
3-21 as evidence that after the alleged violation the person
3-22 successfully completed the [a] driving safety course; or
3-23 (B) written evidence that after the alleged
3-24 violation the person successfully completed the motorcycle operator
3-25 training course [approved under the Texas Driver and Traffic Safety
4-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
4-2 SECTION 2. Subsections (1), (2), and (3), Article 45.54,
4-3 Code of Criminal Procedure, are amended to read as follows:
4-4 (1) On a plea of guilty or nolo contendere by a defendant or
4-5 on a finding of guilt in a misdemeanor case punishable by fine only
4-6 and payment of all court costs, the justice may defer further
4-7 proceedings without entering an adjudication of guilt and place the
4-8 defendant on probation for a period not to exceed 180 days. This
4-9 article does not apply to a misdemeanor case disposed of by
4-10 Subchapter B, Chapter 543, Transportation Code, [Section 143A,
4-11 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
4-12 Texas Civil Statutes),] or a serious traffic violation as defined
4-13 by Section 522.003, Transportation Code [in Section 3(26), Texas
4-14 Commercial Driver's License Act (Article 6687b-2, Revised
4-15 Statutes)].
4-16 (2) During the deferral period, the justice shall require
4-17 the defendant to successfully complete a [Central Education
4-18 Agency-approved] driving safety course approved under the Texas
4-19 Driver and Traffic Safety Education Act (Article 4413(29c),
4-20 Vernon's Texas Civil Statutes), if the offense alleged is an
4-21 offense involving the operation of a motor vehicle, other than a
4-22 commercial motor vehicle, as defined by Section 522.003,
4-23 Transportation Code [in Subdivision (6), Section 3, Texas
4-24 Commercial Driver's License Act (Article 6687b-2, Revised
4-25 Statutes), and the defendant:]
5-1 [(A) has completed an approved driving safety course
5-2 within the preceding 12 months; or]
5-3 [(B) is a first-time offender who elects deferred
5-4 adjudication].
5-5 (3) During said deferral period, the justice may require the
5-6 defendant to:
5-7 (a) post a bond in the amount of the fine assessed to
5-8 secure payment of the fine;
5-9 (b) pay restitution to the victim of the offense in an
5-10 amount not to exceed the fine assessed;
5-11 (c) submit to professional counseling; and
5-12 (d) comply with any other reasonable condition[; and]
5-13 [(e) require the defendant to successfully complete a
5-14 Central Education Agency approved driving safety course, if:]
5-15 [(1) the offense alleged is an offense involving
5-16 the operation of a motor vehicle, other than a commercial motor
5-17 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
5-18 Driver's License Act (Article 6687b-2, Revised Statutes); and]
5-19 [(2) the defendant has not completed an approved
5-20 driving safety course within the preceding 12 months].
5-21 SECTION 3. In addition to the substantive changes in law
5-22 made by this Act, this Act conforms the Transportation Code to
5-23 changes in law made by Section 1, Chapter 334, and Section 28,
5-24 Chapter 1009, Acts of the 74th Legislature, 1995.
5-25 SECTION 4. (a) The change in law made by this Act applies
6-1 only to an offense committed on or after the effective date of this
6-2 Act. For the purposes of this section, an offense is committed
6-3 before the effective date of this Act if any element of the offense
6-4 occurs before that date.
6-5 (b) An offense committed before the effective date of this
6-6 Act is governed by the law in effect when the offense was
6-7 committed, and the former law is continued in effect for that
6-8 purpose.
6-9 SECTION 5. This Act takes effect September 1, 1997.
6-10 SECTION 6. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.