By Barrientos S.B. No. 185
76R3670 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain permissible conditions of placement on deferred
1-3 disposition for offenses involving the use of alcohol, a controlled
1-4 substance, or drugs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 45.54(3), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (3) During the [said] deferral period, the justice may
1-9 require the defendant to:
1-10 (a) post a bond in the amount of the fine
1-11 assessed to secure payment of the fine;
1-12 (b) pay restitution to the victim of the offense
1-13 in an amount not to exceed the fine assessed;
1-14 (c) submit to professional counseling;
1-15 (d) comply with any other reasonable condition;
1-16 [and]
1-17 (e) require the defendant to successfully
1-18 complete a Texas [Central] Education Agency approved driving safety
1-19 course, if:
1-20 (1) the offense alleged is an offense
1-21 involving the operation of a motor vehicle, other than a commercial
1-22 motor vehicle, as defined in Section 522.003, Transportation Code
1-23 [Subdivision (6), Section 3, Texas Commercial Driver's License Act
1-24 (Article 6687b-2, Revised Statutes)]; and
2-1 (2) the defendant has not completed an
2-2 approved driving safety course within the preceding 12 months;
2-3 (f) submit to diagnostic testing for alcohol or
2-4 a controlled substance or drug;
2-5 (g) submit to a psychosocial assessment;
2-6 (h) participate in an alcohol or drug abuse
2-7 treatment or education program; and
2-8 (i) pay the costs of any diagnostic testing,
2-9 psychosocial assessment, or participation in a treatment or
2-10 education program either directly or through the court as court
2-11 costs.
2-12 SECTION 2. This Act takes effect September 1, 1999.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.