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