By Thompson H.B. No. 1603
76R9624 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deferred disposition of certain misdemeanor
1-3 offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.54, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.54. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
1-8 DISPOSITION. (a) [(1)] On a plea of guilty or nolo contendere by
1-9 a defendant or on a finding of guilt in a misdemeanor case
1-10 punishable by fine only and payment of all court costs, the justice
1-11 may defer further proceedings without entering an adjudication of
1-12 guilt and place the defendant on probation for a period not to
1-13 exceed 180 days[. This article does not apply to a misdemeanor
1-14 case disposed of by Section 143A, Uniform Act Regulating Traffic on
1-15 Highways (Article 6701d, Vernon's Texas Civil Statutes), or a
1-16 serious traffic violation as defined in Section 3(26), Texas
1-17 Commercial Driver's License Act (Article 6687b-2, Revised
1-18 Statutes).]
1-19 [(2) During the deferral period, the justice shall
1-20 require the defendant to successfully complete a Central Education
1-21 Agency-approved driving safety course, if the offense alleged is an
1-22 offense involving the operation of a motor vehicle, other than a
1-23 commercial motor vehicle, as defined in Subdivision (6), Section 3,
1-24 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-1 Statutes), and the defendant:]
2-2 [(A) has completed an approved driving safety
2-3 course within the preceding 12 months; or]
2-4 [(B) is a first-time offender who elects
2-5 deferred adjudication].
2-6 (b) [(3)] During the [said] deferral period, the justice may
2-7 require the defendant to:
2-8 (1) [(a)] post a bond in the amount of the fine
2-9 assessed to secure payment of the fine;
2-10 (2) [(b)] pay restitution to the victim of the offense
2-11 in an amount not to exceed the fine assessed;
2-12 (3) [(c)] submit to professional counseling; and
2-13 (4) [(d)] comply with any other reasonable condition[;
2-14 and]
2-15 [(e) require the defendant to successfully complete a
2-16 Central Education Agency approved driving safety course, if:]
2-17 [(1) the offense alleged is an offense involving the
2-18 operation of a motor vehicle, other than a commercial motor
2-19 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
2-20 Driver's License Act (Article 6687b-2, Revised Statutes); and]
2-21 [(2) the defendant has not completed an approved
2-22 driving safety course within the preceding 12 months].
2-23 (c) [(4)] At the conclusion of the deferral period, if the
2-24 defendant presents satisfactory evidence that he has complied with
2-25 the requirements imposed, the justice shall dismiss the complaint,
2-26 and it shall be clearly noted in the docket that the complaint is
2-27 dismissed and that there is not a final conviction. Otherwise, the
3-1 justice may proceed with an adjudication of guilt. After an
3-2 adjudication of guilt, the justice may reduce the fine assessed or
3-3 may then impose the fine assessed, less any portion of the assessed
3-4 fine that has been paid. If the complaint is dismissed, a special
3-5 expense not to exceed the amount of the fine assessed may be
3-6 imposed.
3-7 (d) [(5)] If at the conclusion of the deferral period the
3-8 defendant does not present satisfactory evidence that the defendant
3-9 complied with the requirements imposed, the justice may impose the
3-10 fine assessed or impose a lesser fine. The imposition of the fine
3-11 or lesser fine constitutes a final conviction of the defendant.
3-12 (e) [(6)] Records relating to a complaint dismissed as
3-13 provided by this article may be expunged under Article 55.01 of
3-14 this code. If a complaint is dismissed under this article, there
3-15 is not a final conviction and the complaint may not be used against
3-16 the person for any purpose.
3-17 SECTION 2. Chapter 45, Code of Criminal Procedure, is
3-18 amended by adding Article 45.541 to read as follows:
3-19 Art. 45.541. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
3-20 TRAFFIC OFFENSES. (a) This article applies to an alleged offense
3-21 involving the operation of a motor vehicle other than a commercial
3-22 motor vehicle, as defined by Section 522.003, Transportation Code,
3-23 and supplements Article 45.54.
3-24 (b) During the deferral period under Article 45.54, the
3-25 justice:
3-26 (1) shall require the defendant to successfully
3-27 complete a driving safety course approved by the Texas Education
4-1 Agency if the defendant elects deferred disposition and the
4-2 defendant has not completed an approved driving safety course or
4-3 motorcycle operator training course, as appropriate, within the
4-4 preceding 12 months; and
4-5 (2) may require the defendant to successfully complete
4-6 a driving safety course approved by the Texas Education Agency if
4-7 the defendant has completed an approved driving safety course
4-8 within the preceding 12 months.
4-9 (c) Subsection (b)(1) applies only if:
4-10 (1) the person enters a plea in person or in writing
4-11 of no contest or guilty and, before the answer date on the notice
4-12 to appear:
4-13 (A) presents in person to the court an oral or
4-14 written request to take a course; or
4-15 (B) sends to the court by certified mail, return
4-16 receipt requested, postmarked on or before the answer date on the
4-17 notice to appear, a written request to take a course;
4-18 (2) the court enters judgment on the person's plea of
4-19 no contest or guilty at the time the plea is made but defers
4-20 imposition of the judgment for 180 days;
4-21 (3) the person has a Texas driver's license or permit;
4-22 (4) the person is charged with an offense to which
4-23 this article applies, other than speeding 25 miles per hour or more
4-24 over the posted speed limit;
4-25 (5) the person provides evidence of financial
4-26 responsibility as required by Chapter 601, Transportation Code;
4-27 (6) the defendant's driving record as maintained by
5-1 the Texas Department of Public Safety shows the defendant has not
5-2 completed an approved driving safety course or motorcycle operator
5-3 training course, as appropriate, within the 12 months preceding the
5-4 date of the offense; and
5-5 (7) the defendant files an affidavit with the court
5-6 stating that the person is not taking a course under this section
5-7 and has not completed a course that is not shown on the person's
5-8 driving record within the 12 months preceding the date of the
5-9 offense.
5-10 (d) Notwithstanding Subsection (c)(1), on a written motion
5-11 submitted to the court before the final disposition of the case,
5-12 the court may grant a request to take a driving safety course or a
5-13 motorcycle operator training course under this article.
5-14 (e) A request to take a driving safety course made at or
5-15 before the time and at the place at which a person is required to
5-16 appear in court is an appearance in compliance with the person's
5-17 promise to appear.
5-18 (f) The court may require a person requesting a driving
5-19 safety course to pay a fee set by the court at an amount of not
5-20 more than $10, including any other fee authorized by statute or
5-21 municipal ordinance, to cover the cost of administering this
5-22 article.
5-23 (g) A person who requests but does not take a course is not
5-24 entitled to a refund of the fee.
5-25 (h) Fees collected by a municipal court shall be deposited
5-26 in the municipal treasury. Fees collected by another court shall
5-27 be deposited in the county treasury of the county in which the
6-1 court is located.
6-2 (i) If a person requesting a driving safety course fails to
6-3 furnish evidence of the successful completion of the course to the
6-4 court, the court shall:
6-5 (1) notify the person in writing, mailed to the
6-6 address appearing on the notice to appear, of that failure; and
6-7 (2) require the person to appear at the time and place
6-8 stated in the notice to show cause why the evidence was not timely
6-9 submitted to the court.
6-10 (j) A person who fails to appear at the time and place
6-11 stated in the notice commits a misdemeanor punishable as provided
6-12 by Section 543.009, Transportation Code.
6-13 (k) On a person's showing of good cause for failure to
6-14 furnish evidence to the court, the court may allow an extension of
6-15 time during which the person may present a uniform certificate of
6-16 course completion as evidence that the person successfully
6-17 completed the driving safety course.
6-18 (l) When a person complies with Subsection (b) and a uniform
6-19 certificate of course completion is accepted by the court, the
6-20 court shall:
6-21 (1) remove the judgment and dismiss the charge;
6-22 (2) report the fact that the person successfully
6-23 completed a driving safety course and the date of completion to the
6-24 Texas Department of Public Safety for inclusion in the person's
6-25 driving record; and
6-26 (3) state in its report whether the course was taken
6-27 under the procedure provided by this article to provide information
7-1 necessary to determine eligibility to take a subsequent course
7-2 under Subsection (b).
7-3 (m) The court may dismiss only one charge for each
7-4 completion of a course.
7-5 (n) A charge that is dismissed under this article may not be
7-6 part of a person's driving record or used for any purpose.
7-7 (o) An insurer delivering or issuing for delivery a motor
7-8 vehicle insurance policy in this state may not cancel or increase
7-9 the premium charged an insured under the policy because the insured
7-10 completed a driving safety course or had a charge dismissed under
7-11 this article.
7-12 (p) The court shall advise a person charged with a
7-13 misdemeanor under Subtitle C, Title 7, Transportation Code,
7-14 committed while operating a motor vehicle of the person's right
7-15 under this article to successfully complete a driving safety course
7-16 or, if the offense was committed while operating a motorcycle, a
7-17 motorcycle operator training course. The right to complete a
7-18 course does not apply to a person charged with a violation of
7-19 Section 545.066, 545.401, 545.421, 550.022, or 550.023,
7-20 Transportation Code, or a serious traffic violation as defined by
7-21 Section 522.003, Transportation Code.
7-22 SECTION 3. Section 542.402(b), Transportation Code, is
7-23 amended to read as follows:
7-24 (b) In each fiscal year, a municipality having a population
7-25 of less than 5,000 may retain, from fines collected for violations
7-26 of highway laws in this subtitle and from special expenses
7-27 collected under Article 45.541 [45.54], Code of Criminal Procedure,
8-1 in cases in which a violation of this subtitle is alleged, an
8-2 amount equal to 30 percent of the municipality's revenue for the
8-3 preceding fiscal year from all sources, other than federal funds
8-4 and bond proceeds, as shown by the audit performed under Section
8-5 103.001, Local Government Code. After a municipality has retained
8-6 that amount, the municipality shall send to the comptroller any
8-7 portion of a fine or a special expense collected that exceeds $1.
8-8 SECTION 4. Sections 543.102-543.110, Transportation Code,
8-9 are repealed.
8-10 SECTION 5. (a) The change in law made by this Act applies
8-11 only to an offense committed on or after the effective date of this
8-12 Act. For purposes of this section, an offense is committed before
8-13 the effective date of this Act if any element of the offense occurs
8-14 before the effective date.
8-15 (b) An offense committed before the effective date of this
8-16 Act is covered by the law in effect when the offense was committed,
8-17 and the former law is continued in effect for that purpose.
8-18 SECTION 6. This Act takes effect September 1, 1999.
8-19 SECTION 7. The importance of this legislation and the
8-20 crowded condition of the calendars in both houses create an
8-21 emergency and an imperative public necessity that the
8-22 constitutional rule requiring bills to be read on three several
8-23 days in each house be suspended, and this rule is hereby suspended.