1-1 By: Harris S.B. No. 166
1-2 (In the Senate - Filed January 6, 1997; January 14, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 5, 1997, reported favorably by the following vote: Yeas
1-5 6, Nays 0; February 5, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to deferral of proceedings for certain traffic offenses
1-9 for completion of a driving safety course.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 543.103 and 543.104, Transportation
1-12 Code, are amended to conform to Section 1, Chapter 334, and Section
1-13 28, Chapter 1009, Acts of the 74th Legislature, 1995, and further
1-14 amended to read as follows:
1-15 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-16 Subsection (b), the [The] court shall defer proceedings and allow a
1-17 person:
1-18 (1) 60 [90] days to take a driving safety course
1-19 approved under the Texas Driver and Traffic Safety Education Act
1-20 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
1-21 offense was committed while operating a motorcycle, a motorcycle
1-22 operator training course approved by the department under Chapter
1-23 662; and
1-24 (2) 30 additional days to present:
1-25 (A) a uniform certificate of course completion
1-26 as written evidence that after the alleged violation the person
1-27 successfully completed the [a] driving safety course; or
1-28 (B) written evidence that after the alleged
1-29 violation the person successfully completed the motorcycle operator
1-30 training course.
1-31 (b) Subsection (a) applies only [approved under the Texas
1-32 Driver and Traffic Safety Education Act (Article 4413(29c),
1-33 Vernon's Texas Civil Statutes)] if:
1-34 (1) the person enters a plea in person or in writing
1-35 of no contest or guilty and, before the answer date on the notice
1-36 to appear [citation]:
1-37 (A) presents in person to the court an oral or
1-38 written request to take a course; or
1-39 (B) sends to the court by certified mail, return
1-40 receipt requested, postmarked on or before the answer date on the
1-41 notice to appear, a written request to take a course;
1-42 (2) the court enters judgment on the person's plea of
1-43 no contest or guilty at the time the plea is made but defers
1-44 imposition of the judgment for the period provided by Subsection
1-45 (a) [90 days];
1-46 (3) the person has a Texas driver's license or permit;
1-47 (4) the person's driving record as maintained by the
1-48 department does not show successful completion of a driving safety
1-49 course or a motorcycle operator training course, as appropriate,
1-50 under this section within one year before the date of the alleged
1-51 violation;
1-52 (5) the person files an affidavit with the court
1-53 stating that the person is not taking a course under this section
1-54 and has not completed a course under this section that is not shown
1-55 on the person's driving record;
1-56 (6) the person is charged with an offense to which
1-57 this subchapter applies other than speeding 25 miles per hour or
1-58 more over the posted speed limit; and
1-59 (7) the person provides evidence of financial
1-60 responsibility as required by Chapter 601.
1-61 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
1-62 written motion submitted to the court before the final disposition
1-63 of the case, the court may grant a request to take a driving safety
1-64 course or a motorcycle operator training course under this section.
2-1 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
2-2 submitted to the court before the final disposition of the case,
2-3 the court may defer proceedings and allow a person:
2-4 (1) 60 [90] days to take a driving safety course
2-5 approved under the Texas Driver and Traffic Safety Education Act
2-6 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
2-7 offense was committed while operating a motorcycle, a motorcycle
2-8 operator training course approved by the department under Chapter
2-9 662; and
2-10 (2) 30 additional days to present:
2-11 (A) a uniform certificate of course completion
2-12 as evidence that after the alleged violation the person
2-13 successfully completed the [a] driving safety course; or
2-14 (B) written evidence that after the alleged
2-15 violation the person successfully completed the motorcycle operator
2-16 training course [approved under the Texas Driver and Traffic Safety
2-17 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
2-18 SECTION 2. Subsections (1), (2), and (3), Article 45.54,
2-19 Code of Criminal Procedure, are amended to read as follows:
2-20 (1) On a plea of guilty or nolo contendere by a defendant or
2-21 on a finding of guilt in a misdemeanor case punishable by fine only
2-22 and payment of all court costs, the justice may defer further
2-23 proceedings without entering an adjudication of guilt and place the
2-24 defendant on probation for a period not to exceed 180 days. This
2-25 article does not apply to a misdemeanor case disposed of by
2-26 Subchapter B, Chapter 543, Transportation Code, [Section 143A,
2-27 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-28 Texas Civil Statutes),] or a serious traffic violation as defined
2-29 by Section 522.003, Transportation Code [in Section 3(26), Texas
2-30 Commercial Driver's License Act (Article 6687b-2, Revised
2-31 Statutes)].
2-32 (2) During the deferral period, the justice shall require
2-33 the defendant to successfully complete a [Central Education
2-34 Agency-approved] driving safety course approved under the Texas
2-35 Driver and Traffic Safety Education Act (Article 4413(29c),
2-36 Vernon's Texas Civil Statutes), if the offense alleged is an
2-37 offense involving the operation of a motor vehicle, other than a
2-38 commercial motor vehicle, as defined by Section 522.003,
2-39 Transportation Code [in Subdivision (6), Section 3, Texas
2-40 Commercial Driver's License Act (Article 6687b-2, Revised
2-41 Statutes), and the defendant:]
2-42 [(A) has completed an approved driving safety course
2-43 within the preceding 12 months; or]
2-44 [(B) is a first-time offender who elects deferred
2-45 adjudication].
2-46 (3) During said deferral period, the justice may require the
2-47 defendant to:
2-48 (a) post a bond in the amount of the fine assessed to
2-49 secure payment of the fine;
2-50 (b) pay restitution to the victim of the offense in an
2-51 amount not to exceed the fine assessed;
2-52 (c) submit to professional counseling; and
2-53 (d) comply with any other reasonable condition[; and]
2-54 [(e) require the defendant to successfully complete a
2-55 Central Education Agency approved driving safety course, if:]
2-56 [(1) the offense alleged is an offense involving
2-57 the operation of a motor vehicle, other than a commercial motor
2-58 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
2-59 Driver's License Act (Article 6687b-2, Revised Statutes); and]
2-60 [(2) the defendant has not completed an approved
2-61 driving safety course within the preceding 12 months].
2-62 SECTION 3. In addition to the substantive changes in law
2-63 made by this Act, this Act conforms the Transportation Code to
2-64 changes in law made by Section 1, Chapter 334, and Section 28,
2-65 Chapter 1009, Acts of the 74th Legislature, 1995.
2-66 SECTION 4. (a) The change in law made by this Act applies
2-67 only to an offense committed on or after the effective date of this
2-68 Act. For the purposes of this section, an offense is committed
2-69 before the effective date of this Act if any element of the offense
3-1 occurs before that date.
3-2 (b) An offense committed before the effective date of this
3-3 Act is governed by the law in effect when the offense was
3-4 committed, and the former law is continued in effect for that
3-5 purpose.
3-6 SECTION 5. This Act takes effect September 1, 1997.
3-7 SECTION 6. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
3-12 * * * * *