1-1 By: Thompson (Senate Sponsor - Harris) H.B. No. 1603
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Criminal Justice; May 10, 1999, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 10, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the deferred disposition of certain misdemeanor
1-9 offenses.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 45.54, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 45.54. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
1-14 DISPOSITION. (a) [(1)] On a plea of guilty or nolo contendere by
1-15 a defendant or on a finding of guilt in a misdemeanor case
1-16 punishable by fine only and payment of all court costs, the justice
1-17 may defer further proceedings without entering an adjudication of
1-18 guilt and place the defendant on probation for a period not to
1-19 exceed 180 days[. This article does not apply to a misdemeanor
1-20 case disposed of by Section 143A, Uniform Act Regulating Traffic on
1-21 Highways (Article 6701d, Vernon's Texas Civil Statutes), or a
1-22 serious traffic violation as defined in Section 3(26), Texas
1-23 Commercial Driver's License Act (Article 6687b-2, Revised
1-24 Statutes).]
1-25 [(2) During the deferral period, the justice shall
1-26 require the defendant to successfully complete a Central Education
1-27 Agency-approved driving safety course, if the offense alleged is an
1-28 offense involving the operation of a motor vehicle, other than a
1-29 commercial motor vehicle, as defined in Subdivision (6), Section 3,
1-30 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-31 Statutes), and the defendant:]
1-32 [(A) has completed an approved driving safety
1-33 course within the preceding 12 months; or]
1-34 [(B) is a first-time offender who elects
1-35 deferred adjudication].
1-36 (b) [(3)] During the [said] deferral period, the justice may
1-37 require the defendant to:
1-38 (1) [(a)] post a bond in the amount of the fine
1-39 assessed to secure payment of the fine;
1-40 (2) [(b)] pay restitution to the victim of the offense
1-41 in an amount not to exceed the fine assessed;
1-42 (3) [(c)] submit to professional counseling; and
1-43 (4) [(d)] comply with any other reasonable condition[;
1-44 and]
1-45 [(e) require the defendant to successfully complete a
1-46 Central Education Agency approved driving safety course, if:]
1-47 [(1) the offense alleged is an offense involving the
1-48 operation of a motor vehicle, other than a commercial motor
1-49 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
1-50 Driver's License Act (Article 6687b-2, Revised Statutes); and]
1-51 [(2) the defendant has not completed an approved
1-52 driving safety course within the preceding 12 months].
1-53 (c) [(4)] At the conclusion of the deferral period, if the
1-54 defendant presents satisfactory evidence that he has complied with
1-55 the requirements imposed, the justice shall dismiss the complaint,
1-56 and it shall be clearly noted in the docket that the complaint is
1-57 dismissed and that there is not a final conviction. Otherwise, the
1-58 justice may proceed with an adjudication of guilt. After an
1-59 adjudication of guilt, the justice may reduce the fine assessed or
1-60 may then impose the fine assessed, less any portion of the assessed
1-61 fine that has been paid. If the complaint is dismissed, a special
1-62 expense not to exceed the amount of the fine assessed may be
1-63 imposed.
1-64 (d) [(5)] If at the conclusion of the deferral period the
2-1 defendant does not present satisfactory evidence that the defendant
2-2 complied with the requirements imposed, the justice may impose the
2-3 fine assessed or impose a lesser fine. The imposition of the fine
2-4 or lesser fine constitutes a final conviction of the defendant.
2-5 (e) [(6)] Records relating to a complaint dismissed as
2-6 provided by this article may be expunged under Article 55.01 of
2-7 this code. If a complaint is dismissed under this article, there
2-8 is not a final conviction and the complaint may not be used against
2-9 the person for any purpose.
2-10 SECTION 2. Chapter 45, Code of Criminal Procedure, is
2-11 amended by adding Article 45.541 to read as follows:
2-12 Art. 45.541. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
2-13 TRAFFIC OFFENSES. (a) This article applies to an alleged offense
2-14 involving the operation of a motor vehicle other than a commercial
2-15 motor vehicle, as defined by Section 522.003, Transportation Code,
2-16 and supplements Article 45.54.
2-17 (b) During the deferral period under Article 45.54, the
2-18 justice:
2-19 (1) shall require the defendant to successfully
2-20 complete a driving safety course approved by the Texas Education
2-21 Agency if the defendant elects deferred disposition and the
2-22 defendant has not completed an approved driving safety course or
2-23 motorcycle operator training course, as appropriate, within the
2-24 preceding 12 months; and
2-25 (2) may require the defendant to successfully complete
2-26 a driving safety course approved by the Texas Education Agency if
2-27 the defendant has completed an approved driving safety course
2-28 within the preceding 12 months.
2-29 (c) Subsection (b)(1) applies only if:
2-30 (1) the person enters a plea in person or in writing
2-31 of no contest or guilty and, before the answer date on the notice
2-32 to appear:
2-33 (A) presents in person to the court an oral or
2-34 written request to take a course; or
2-35 (B) sends to the court by certified mail, return
2-36 receipt requested, postmarked on or before the answer date on the
2-37 notice to appear, a written request to take a course;
2-38 (2) the court enters judgment on the person's plea of
2-39 no contest or guilty at the time the plea is made but defers
2-40 imposition of the judgment for 180 days;
2-41 (3) the person has a Texas driver's license or permit;
2-42 (4) the person is charged with an offense to which
2-43 this article applies, other than speeding 25 miles per hour or more
2-44 over the posted speed limit;
2-45 (5) the person provides evidence of financial
2-46 responsibility as required by Chapter 601, Transportation Code;
2-47 (6) the defendant's driving record as maintained by
2-48 the Texas Department of Public Safety shows the defendant has not
2-49 completed an approved driving safety course or motorcycle operator
2-50 training course, as appropriate, within the 12 months preceding the
2-51 date of the offense; and
2-52 (7) the defendant files an affidavit with the court
2-53 stating that the person is not taking a course under this section
2-54 and has not completed a course that is not shown on the person's
2-55 driving record within the 12 months preceding the date of the
2-56 offense.
2-57 (d) Notwithstanding Subsection (c)(1), on a written motion
2-58 submitted to the court before the final disposition of the case,
2-59 the court may grant a request to take a driving safety course or a
2-60 motorcycle operator training course under this article.
2-61 (e) A request to take a driving safety course made at or
2-62 before the time and at the place at which a person is required to
2-63 appear in court is an appearance in compliance with the person's
2-64 promise to appear.
2-65 (f) The court may require a person requesting a driving
2-66 safety course to pay a fee set by the court at an amount of not
2-67 more than $10, including any other fee authorized by statute or
2-68 municipal ordinance, to cover the cost of administering this
2-69 article.
3-1 (g) A person who requests but does not take a course is not
3-2 entitled to a refund of the fee.
3-3 (h) Fees collected by a municipal court shall be deposited
3-4 in the municipal treasury. Fees collected by another court shall
3-5 be deposited in the county treasury of the county in which the
3-6 court is located.
3-7 (i) If a person requesting a driving safety course fails to
3-8 furnish evidence of the successful completion of the course to the
3-9 court, the court shall:
3-10 (1) notify the person in writing, mailed to the
3-11 address appearing on the notice to appear, of that failure; and
3-12 (2) require the person to appear at the time and place
3-13 stated in the notice to show cause why the evidence was not timely
3-14 submitted to the court.
3-15 (j) A person who fails to appear at the time and place
3-16 stated in the notice commits a misdemeanor punishable as provided
3-17 by Section 543.009, Transportation Code.
3-18 (k) On a person's showing of good cause for failure to
3-19 furnish evidence to the court, the court may allow an extension of
3-20 time during which the person may present a uniform certificate of
3-21 course completion as evidence that the person successfully
3-22 completed the driving safety course.
3-23 (l) When a person complies with Subsection (b) and a uniform
3-24 certificate of course completion is accepted by the court, the
3-25 court shall:
3-26 (1) remove the judgment and dismiss the charge;
3-27 (2) report the fact that the person successfully
3-28 completed a driving safety course and the date of completion to the
3-29 Texas Department of Public Safety for inclusion in the person's
3-30 driving record; and
3-31 (3) state in its report whether the course was taken
3-32 under the procedure provided by this article to provide information
3-33 necessary to determine eligibility to take a subsequent course
3-34 under Subsection (b).
3-35 (m) The court may dismiss only one charge for each
3-36 completion of a course.
3-37 (n) A charge that is dismissed under this article may not be
3-38 part of a person's driving record or used for any purpose.
3-39 (o) An insurer delivering or issuing for delivery a motor
3-40 vehicle insurance policy in this state may not cancel or increase
3-41 the premium charged an insured under the policy because the insured
3-42 completed a driving safety course or had a charge dismissed under
3-43 this article.
3-44 (p) The court shall advise a person charged with a
3-45 misdemeanor under Subtitle C, Title 7, Transportation Code,
3-46 committed while operating a motor vehicle of the person's right
3-47 under this article to successfully complete a driving safety course
3-48 or, if the offense was committed while operating a motorcycle, a
3-49 motorcycle operator training course. The right to complete a
3-50 course does not apply to a person charged with a violation of
3-51 Section 545.066, 545.401, 545.421, 550.022, or 550.023,
3-52 Transportation Code, or a serious traffic violation as defined by
3-53 Section 522.003, Transportation Code.
3-54 SECTION 3. Section 542.402(b), Transportation Code, is
3-55 amended to read as follows:
3-56 (b) In each fiscal year, a municipality having a population
3-57 of less than 5,000 may retain, from fines collected for violations
3-58 of highway laws in this subtitle and from special expenses
3-59 collected under Article 45.541 [45.54], Code of Criminal Procedure,
3-60 in cases in which a violation of this subtitle is alleged, an
3-61 amount equal to 30 percent of the municipality's revenue for the
3-62 preceding fiscal year from all sources, other than federal funds
3-63 and bond proceeds, as shown by the audit performed under Section
3-64 103.001, Local Government Code. After a municipality has retained
3-65 that amount, the municipality shall send to the comptroller any
3-66 portion of a fine or a special expense collected that exceeds $1.
3-67 SECTION 4. Sections 543.102-543.110, Transportation Code,
3-68 are repealed.
3-69 SECTION 5. (a) The change in law made by this Act applies
4-1 only to an offense committed on or after the effective date of this
4-2 Act. For purposes of this section, an offense is committed before
4-3 the effective date of this Act if any element of the offense occurs
4-4 before the effective date.
4-5 (b) An offense committed before the effective date of this
4-6 Act is covered by the law in effect when the offense was committed,
4-7 and the former law is continued in effect for that purpose.
4-8 SECTION 6. This Act takes effect September 1, 1999.
4-9 SECTION 7. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.
4-14 * * * * *