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.