Amend SB 1230 as follows:
1. Strike SECTION 47 and insert in lieu thereof the
following:
SECTION 47. Article 45.54, Code of Criminal Procedure, is
redesignated as Article 45.051 and amended to read as follows and:
Art. 45.051 <45.54>. SUSPENSION OF SENTENCE AND DEFERRAL OF
FINAL DISPOSITION. (a) <(1)> On a plea of guilty or nolo contendere
by a defendant or on a finding of guilt in a misdemeanor case
punishable by fine only and payment of all court costs, the justice
may defer further proceedings without entering an adjudication of
guilt and place the defendant on probation for a period not to
exceed 180 days. <This article does not apply to a misdemeanor case
disposed of by Section 143A, Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes), or a
serious traffic violation as defined in Section 3(26), Texas
Commercial driver's License Act (Article 6687b-2, Revised
Statutes).
(2) During the deferral period, the justice shall
require the defendant to successfully complete a Central Education
Agency approved driving safety course, if the offense alleged is an
offense involving the operation of a motor vehicle, other than a
commercial motor vehicle, as defined in Subdivision (6), Section 3,
Texas Commercial Driver's License Act (Article 6687b-2, Revised
Statutes), and the defendant:
(A) has completed an approved driving safety
course within the preceding 12 months; or
(B) is a first time offender who elects deferred
adjudication.>
(b) <(3)> During the <said> deferral period, the justice may
require the defendant to:
(1) <(a)> post a bond in the amount of the fine assessed
to secure payment of the fine;
(2) <(b)> pay restitution to the victim of the offense in
an amount not to exceed the fine assessed;
(3) <(c)> submit to professional counseling; and
(4) <(d)> comply with any other reasonable condition<; and
(e) require the defendant to successfully complete a Central
Education Agency approved driving safety course, if:
(1) the offense alleged is an offense involving the
operation of a motor vehicle, other than a commercial motor
vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
Driver's License Act (Article 6687b-2, Revised Statutes); and
(2) the defendant has not completed an approved driving
safety course within the preceding 12 months>.
(c) <(4)> At the conclusion of the deferral period, if the
defendant presents satisfactory evidence that he has complied with
the requirements imposed, the justice shall dismiss the complaint,
and it shall be clearly noted in the docket that the complaint is
dismissed and that there is not a final conviction. Otherwise, the
justice may proceed with an adjudication of guilt. After an
adjudication of guilt, the justice may reduce the fine assessed or
may then impose the fine assessed, less any portion of the assessed
fine that has been paid. If the complaint is dismissed, a special
expense not to exceed the amount of the fine assessed may be
imposed.
(d) <(5)> If at the conclusion of the deferral period the
defendant does not present satisfactory evidence that the defendant
complied with the requirements imposed, the justice may impose the
fine assessed or impose a lesser fine. The imposition of the fine
or lesser fine constitutes a final conviction of the defendant.
(e) <(6)> Records relating to a complaint dismissed as provided
by this article may be expunged under Article 55.01 of this code.
If a complaint is dismissed under this article, there is not a
final conviction and the complaint may not be used against the
person for any purpose.
2. Add a new appropriately numbered SECTION to read as
follows and renumber the remaining SECTIONS accordingly:
SECTION _____. Chapter 45, Code of Criminal Procedure, is
amended by adding Article 45.0511 to read as follows:
"Art. 45.0511. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
TRAFFIC OFFENSES. (a) This article applies to an alleged offense
involving the operation of a motor vehicle other than a commercial
motor vehicle, as defined by Section 522.003, Transportation Code,
and supplements Article 45.051.
(b) During the deferral period under Article 45.051, the
justice:
(1) shall require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency if the defendant elects deferred disposition and the
defendant has not completed an approved driving safety course or
motorcycle operator training course, as appropriate, within the
preceding 12 months; and
(2) may require the defendant to successfully complete
a driving safety course approved by the Texas Education Agency if
the defendant has completed an approved driving safety course
within the preceding 12 months.
(c) Subsection (b) (1) applies only if:
(1) the person enters a plea in person or in writing of
no contest or guilty and, before the answer date on the notice to
appear:
(A) presents in person to the court an oral or
written request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(2) the court enters judgment on the person's plea of
no contest or guilty at the time the plea is made but defers
imposition of the judgement for 180 days;
(3) the person has a Texas driver's license or permit;
(4) the person is charged with an offense to which this
article applies, other than speeding 25 miles per hour or more over
the posted speed limit;
(5) the person provides evidence of financial
responsibility as required by Chapter 601, Transportation Code;
(6) the defendant's driving record as maintained by the
Texas Department of Public Safety shows the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as appropriate, within the 12 months preceding the
date of the offense; and
(7) the defendant files an affidavit with the court
stating that the person is not taking a course under this section
and has not completed a course that is not shown on the person's
driving record within the 12 months preceding the date of the
offense.
(d) Notwithstanding Subsection (c) (1), on a written motion
submitted to the court before the final disposition of the case,
the court may grant a request to take a driving safety course or a
motorcycle operator training course under this article.
(e) A request to take a driving safety course made at or
before the time and at the place at which a person is required to
appear in court is an appearance in compliance with the person's
promise to appear.
(f) The court may require a person requesting a driving
safety course to pay a fee set by the court at an amount of not
more than $10, including any other fee authorized by statute or
municipal ordinance, to cover the cost of administering this
article.
(g) A person who requests but does not take a course is not
entitled to a refund of the fee.
(h) Fees collected by a municipal court shall be deposited in
the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court
is located.
(i) If a person requesting a driving safety course fails to
furnish evidence of the successful completion of the course to the
court, the court shall:
(1) notify the person in writing, mailed to the address
appearing on the notice to appear, of that failure; and
(2) require the person to appear at the time and place
stated in the notice to show cause why the evidence was not timely
submitted to the court.
(j) A person who fails to appear at the time and place stated
in the notice commits a misdemeanor punishable as provided by
Section 543.009, Transportation Code.
(k) On a person's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of
time during which the person may present a uniform certificate of
course completion as evidence that the person successfully
completed the driving safety course.
(l) When a person complies with Subsection (b) and a uniform
certificate of course completion is accepted by the court, the
court shall:
(1) remove the judgement and dismiss the charge;
(2) report the fact that the person successfully
completed a driving safety course and the date of completion to the
Texas Department of Public Safety for inclusion in the person's
driving record; and
(3) state in this report whether the course was taken
under the procedure provided by this article to provide information
necessary to determine eligibility to take a subsequent course
under Subsection (b).
(m) The court may dismiss only one charge for each completion
of a course.
(n) A charge that is dismissed under this article may not be
part of a person's driving record or used for any purpose.
(o) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the insured
completed a driving safety course or had a charge dismissed under
this article.
(p) The court shall advise a person charged with a
misdemeanor under Subtitle C, Title 7, Transportation Code,
committed while operating a motor vehicle of the person's right
under this article to successfully complete a driving safety course
or, if the offense was committed while operating a motorcycle, a
motorcycle operator training course. The right to complete a
course does not apply to a person charged with a violation of
Section 545.066, 545.401, 545.421, 550.022, or 550.023,
Transportation Code, or serious traffic violation as defined by
Section 522.003, Transportation Code."
3. Add new appropriately numbered SECTION to read as follows
and renumber the remaining SECTIONS accordingly:
"SECTION _____. Sections 543.102-543.110, Transportation
Code, are repealed."