By Harris S.B. No. 166
75R1644 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to deferral of proceedings for certain traffic offenses
1-3 for completion of a driving safety course.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 543.103 and 543.104, Transportation
1-6 Code, are amended to conform to Section 1, Chapter 334, and Section
1-7 28, Chapter 1009, Acts of the 74th Legislature, Regular Session,
1-8 1995, and further amended to read as follows:
1-9 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-10 Subsection (b), the [The] court shall defer proceedings and allow
1-11 a person:
1-12 (1) 60 [90] days to take a driving safety course
1-13 approved under the Texas Driver and Traffic Safety Education Act
1-14 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
1-15 offense was committed while operating a motorcycle, a motorcycle
1-16 operator training course approved by the department under Chapter
1-17 662; and
1-18 (2) 30 additional days to present:
1-19 (A) a uniform certificate of course completion
1-20 as written evidence that after the alleged violation the person
1-21 successfully completed the [a] driving safety course; or
1-22 (B) written evidence that after the alleged
1-23 violation the person successfully completed the motorcycle operator
1-24 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;
2-26 (6) the person is charged with an offense to which
2-27 this subchapter applies other than speeding 25 miles per hour or
3-1 more over the posted speed limit; and
3-2 (7) the person provides evidence of financial
3-3 responsibility as required by Chapter 601.
3-4 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
3-5 written motion submitted to the court before the final disposition
3-6 of the case, the court may grant a request to take a driving safety
3-7 course or a motorcycle operator training course under this section.
3-8 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
3-9 submitted to the court before the final disposition of the case,
3-10 the court may defer proceedings and allow a person:
3-11 (1) 60 [90] days to take a driving safety course
3-12 approved under the Texas Driver and Traffic Safety Education Act
3-13 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
3-14 offense was committed while operating a motorcycle, a motorcycle
3-15 operator training course approved by the department under Chapter
3-16 662; and
3-17 (2) 30 additional days to present:
3-18 (A) a uniform certificate of course completion
3-19 as evidence that after the alleged violation the person
3-20 successfully completed the [a] driving safety course; or
3-21 (B) written evidence that after the alleged
3-22 violation the person successfully completed the motorcycle operator
3-23 training course [approved under the Texas Driver and Traffic Safety
3-24 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
3-25 SECTION 2. Articles 45.54(1), (2), and (3), Code of Criminal
3-26 Procedure, are amended to read as follows:
3-27 (1) On a plea of guilty or nolo contendere by a
4-1 defendant or on a finding of guilt in a misdemeanor case punishable
4-2 by fine only and payment of all court costs, the justice may defer
4-3 further proceedings without entering an adjudication of guilt and
4-4 place the defendant on probation for a period not to exceed 180
4-5 days. This article does not apply to a misdemeanor case disposed
4-6 of by Subchapter B, Chapter 543, Transportation Code, [Section
4-7 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
4-8 Vernon's Texas Civil Statutes),] or a serious traffic violation as
4-9 defined by Section 522.003, Transportation Code [in Section 3(26),
4-10 Texas Commercial Driver's License Act (Article 6687b-2, Revised
4-11 Statutes)].
4-12 (2) During the deferral period, the justice shall
4-13 require the defendant to successfully complete a [Central Education
4-14 Agency-approved] driving safety course approved under the Texas
4-15 Driver and Traffic Safety Education Act (Article 4413(29c),
4-16 Vernon's Texas Civil Statutes), if the offense alleged is an
4-17 offense involving the operation of a motor vehicle, other than a
4-18 commercial motor vehicle, as defined by Section 522.003,
4-19 Transportation Code [in Subdivision (6), Section 3, Texas
4-20 Commercial Driver's License Act (Article 6687b-2, Revised
4-21 Statutes), and the defendant:]
4-22 [(A) has completed an approved driving safety
4-23 course within the preceding 12 months; or]
4-24 [(B) is a first-time offender who elects
4-25 deferred adjudication].
4-26 (3) During said deferral period, the justice may
4-27 require the defendant to:
5-1 (a) post a bond in the amount of the fine assessed to secure
5-2 payment of the fine;
5-3 (b) pay restitution to the victim of the offense in an
5-4 amount not to exceed the fine assessed;
5-5 (c) submit to professional counseling; and
5-6 (d) comply with any other reasonable condition[; and]
5-7 [(e) require the defendant to successfully complete a
5-8 Central Education Agency approved driving safety course, if:]
5-9 [(1) the offense alleged is an offense involving the
5-10 operation of a motor vehicle, other than a commercial motor
5-11 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
5-12 Driver's License Act (Article 6687b-2, Revised Statutes); and]
5-13 [(2) the defendant has not completed an approved
5-14 driving safety course within the preceding 12 months].
5-15 SECTION 3. In addition to the substantive changes in law
5-16 made by this Act, this Act conforms the Transportation Code to
5-17 changes in law made by Section 1, Chapter 334, and Section 28,
5-18 Chapter 1009, Acts of the 74th Legislature, Regular Session, 1995.
5-19 SECTION 4. (a) The change in law made by this Act applies
5-20 only to an offense committed on or after the effective date of this
5-21 Act. For the purposes of this section, an offense is committed
5-22 before the effective date of this Act if any element of the offense
5-23 occurs before that date.
5-24 (b) An offense committed before the effective date of this
5-25 Act is governed by the law in effect when the offense was
5-26 committed, and the former law is continued in effect for that
5-27 purpose.
6-1 SECTION 5. This Act takes effect September 1, 1997.
6-2 SECTION 6. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.