1-1 By: Barrientos S.B. No. 185
1-2 (In the Senate - Filed January 19, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain permissible conditions of placement on deferred
1-9 disposition for offenses involving the use of alcohol, a controlled
1-10 substance, or drugs.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (3), Article 45.54, Code of Criminal
1-13 Procedure, is amended to read as follows:
1-14 (3) During the [said] deferral period, the justice may
1-15 require the defendant to:
1-16 (a) post a bond in the amount of the fine assessed to
1-17 secure payment of the fine;
1-18 (b) pay restitution to the victim of the offense in an
1-19 amount not to exceed the fine assessed;
1-20 (c) submit to professional counseling;
1-21 (d) comply with any other reasonable condition; [and]
1-22 (e) require the defendant to successfully complete a
1-23 Texas [Central] Education Agency approved driving safety course,
1-24 if:
1-25 (1) the offense alleged is an offense involving
1-26 the operation of a motor vehicle, other than a commercial motor
1-27 vehicle, as defined in Section 522.003, Transportation Code
1-28 [Subdivision (6), Section 3, Texas Commercial Driver's License Act
1-29 (Article 6687b-2, Revised Statutes)]; and
1-30 (2) the defendant has not completed an approved
1-31 driving safety course within the preceding 12 months;
1-32 (f) submit to diagnostic testing for alcohol or a
1-33 controlled substance or drug;
1-34 (g) submit to a psychosocial assessment;
1-35 (h) participate in an alcohol or drug abuse treatment
1-36 or education program; and
1-37 (i) pay the costs of any diagnostic testing,
1-38 psychosocial assessment, or participation in a treatment or
1-39 education program either directly or through the court as court
1-40 costs.
1-41 SECTION 2. This Act takes effect September 1, 1999.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *