By: Harris S.B. No. 716
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the power of a court to defer adjudication in cases
1-2 involving misdemeanors punishable by fine only and payment of all
1-3 court costs.
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 [(1)] (a) On a plea of guilty or nolo contendre by a defendant
1-8 or on a finding of guilt in a misdemeanor case punishable by fine
1-9 only and payment of all court costs, the justice may defer further
1-10 proceedings without entering an adjudication of guilt and place the
1-11 defendant on probation for a period not to exceed 180 days. [This
1-12 article does not apply to a misdemeanor case disposed of by Section
1-13 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
1-14 Vernon's Texas Civil Statutes), or a serious traffic violation as
1-15 defined in Section 3(26), Texas Commercial Drivers License Act
1-16 (Article 6687b-2, Revised Statutes)].
1-17 [(2) During the deferral period, the justice shall require
1-18 the defendant to successfully complete a Central Education Agency
1-19 approved driving safety course, if the offense alleged is an
1-20 offense involving the operation of a motor vehicle, other than a
1-21 commercial motor vehicle, as defined in Subdivision (6), Section 3,
1-22 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 course within
2-3 the preceding 12 months; or]
2-4 [(B) is a first-time offender who elects deferred
2-5 adjudication.]
2-6 [(3)] (b) During said deferral period, the justice may require
2-7 the defendant to:
2-8 [(a)] (1) post a bond in the amount of the fine assessed to
2-9 secure payment of the fine;
2-10 [(b)] (2) pay restitution to the victim of the offense in an
2-11 amount not to exceed the fine assessed;
2-12 [(c)] (3) submit to professional counseling; and
2-13 [(d)] (4) comply with any other reasonable condition[; and]
2-14 [(e) require the defendant to successfully complete a Central
2-15 Education Agency approved driving safety course, if:]
2-16 [(1) the offense alleged is an offense involving the
2-17 operation of a motor vehicle, other than a commercial motor
2-18 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
2-19 Driver's License Act (Article 6687b-2, Revised Statutes); and]
2-20 [(2) the defendant has not completed an approved driving
2-21 safety course within the preceding 12 months].
2-22 [(4)] (c) At the conclusion of the deferral period, if the
2-23 defendant presents satisfactory evidence that he has complied with
2-24 the requirements imposed, the justice shall dismiss the complaint,
2-25 and it shall be clearly noted in the docket that the complaint is
2-26 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 [(5)] (d) 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 [(6)] (e) 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. Amend Chapter 45, Code of Criminal Procedure, by
3-18 adding a new Article 45.541 to read as follows:
3-19 Art. 45.541, Deferral of Certain Motor Vehicle Offenses.
3-20 (a) This article applies if the offense alleged is an offense
3-21 involving the operation of a motor vehicle, other than a commercial
3-22 motor vehicle, as defined in Subdivision (6), Section 3, Texas
3-23 Commercial Driver's License Act (Article 6687b-2, Revised
3-24 Statutes), in addition to the provisions of Article 45.54.
3-25 (b) During the deferral period under Article 45.54, the
3-26 justice shall require the defendant to successfully complete a
4-1 Texas Education Agency-approved driving safety course, if the
4-2 defendant:
4-3 (1) has completed an approved driving safety course within
4-4 the preceding 12 months; or
4-5 (2) is a first-time offender who elects deferred
4-6 adjudication.
4-7 (c) During the deferral period under Article 45.54, the
4-8 justice may require the defendant to successfully complete a Texas
4-9 Education Agency approved driving safety course if the defendant
4-10 has not completed an approved driving safety course within the
4-11 preceding 12 months.
4-12 (d) Subsections (b) and (c) apply only if:
4-13 (1) the person enters a plea in person or in writing of no
4-14 contest or guilty and, before the answer date on the notice to
4-15 appear:
4-16 (A) presents in person to the court an oral or written
4-17 request to take a course; or
4-18 (B) sends to the court by certified mail, return receipt
4-19 requested, postmarked on or before the answer date on the notice to
4-20 appear, a written request to take a course;
4-21 (2) the court enters judgment on the person's plea of no
4-22 contest or guilty at the time the plea is made but defers
4-23 imposition of the judgment for 180 days;
4-24 (3) the person has a Texas driver's license or permit;
4-25 (4) the person is charged with an offense to which this
4-26 article applies, other than speeding 25 miles per hour or more over
5-1 the posted speed limit; and
5-2 (5) the person provides evidence of financial responsibility
5-3 as required by Chapter 601, Transportation Code.
5-4 (e) Notwithstanding Subsection (d)(1), on a written motion
5-5 submitted to the court before the final disposition of the case,
5-6 the court may grant a request to take a driving safety course or a
5-7 motorcycle operator training course under this article.
5-8 (f) A request to take a driving safety course made on or
5-9 before the time and place at which a person is required to appear
5-10 in court is an appearance in compliance with the person's promise
5-11 to appear.
5-12 (g) The court may require a person requesting a driving
5-13 safety course to pay a fee set by the court at an amount of not
5-14 more than $10, including any other fee authorized by statute or
5-15 municipal ordinance, to cover the cost of administering this
5-16 article.
5-17 (h) A person who requests but does not take a course is not
5-18 entitled to a refund of the fee.
5-19 (i) Fees collected by a municipal court shall be deposited
5-20 in the municipal treasury. Fees collected by another court shall
5-21 be deposited in the county treasury of the county in which the
5-22 court is located.
5-23 (j) If a person requesting a driving safety course fails to
5-24 furnish evidence of the successful completion of the course to the
5-25 court, the court shall:
5-26 (1) notify the person in writing, mailed to the address
6-1 appearing on the notice to appear, of that failure; and
6-2 (2) require the person to appear at the time and place
6-3 stated in the notice to show cause why the evidence was not timely
6-4 submitted to the court.
6-5 (k) A person who fails to appear at the time and place
6-6 stated in the notice commits a misdemeanor punishable as provided
6-7 by Section 543.009, Transportation Code.
6-8 (l) On a person's showing of good cause for failure to
6-9 furnish evidence to the court, the court may allow an extension of
6-10 time during which the person may present a uniform certificate of
6-11 course completion as evidence that the person successfully
6-12 completed the driving safety course.
6-13 (m) When a person complies with subsection (b) or (c) and a
6-14 uniform certificate of course completion is accepted by the court,
6-15 the court shall:
6-16 (1) remove the judgment and dismiss the charge;
6-17 (2) report the fact that the person successfully completed a
6-18 driving safety course and the date of completion to the department
6-19 of public safety for inclusion in the person's driving record; and
6-20 (3) state in its report whether the course was taken under
6-21 the procedure provided by this article to provide information
6-22 necessary to determine eligibility to take a subsequent course
6-23 under this section.
6-24 (n) The court may dismiss only one charge for each
6-25 completion of a course.
6-26 (o) A charge that is dismissed under this article may not be
7-1 part of a person's driving record or used for any purpose.
7-2 (p) An insurer delivering or issuing for delivery a motor
7-3 vehicle insurance policy in this state may not cancel or increase
7-4 the premium charged an insured under the policy because the insured
7-5 completed a driving safety course or had a charge dismissed under
7-6 this article.
7-7 (q) The court shall advise a person charged with a
7-8 misdemeanor under Subtitle C, Title 7, Transportation Code,
7-9 committed while operating a motor vehicle, of the person's right
7-10 under this article to successfully complete a driving safety course
7-11 or, if the offense was committed while operating a motorcycle, a
7-12 motorcycle operator training course. The right under this article
7-13 to complete a course does not apply to a person charged with a
7-14 violation of sections 545.066, 545.401, 545.421, 550.022, or
7-15 550.023, Transportation Code, or a serious traffic violation as
7-16 defined by Section 522.003, Transportation Code.
7-17 SECTION 3. Section 542.402(b), Transportation Code, is
7-18 amended to read as follows:
7-19 (b) In each fiscal year, a municipality having a population
7-20 of less than 5,000 may retain, from fines collected for violations
7-21 of highway laws in this subtitle and from special expenses
7-22 collected under Article 45.541 [45.54], Code of Criminal Procedure,
7-23 incases in which a violation of this subtitle is alleged, an amount
7-24 equal to 30 percent of the municipality's revenue for the preceding
7-25 fiscal year from all sources, other than federal funds and bond
7-26 proceeds, as shown by the audit performed under Section 103.001,
8-1 Local Government Code. After a municipality has retained that
8-2 amount, the municipality shall send to the comptroller any portion
8-3 of a fine or a special expense collected that exceeds $1.
8-4 SECTION 4. Sections 543.102 through 543.110, Transportation
8-5 Code, are repealed.
8-6 SECTION 5. This Act applies to an offense that occurs on or
8-7 after September 1, 1999. An offense to which this Act applies that
8-8 occurs before September 1, 1999, is governed by the law in effect
8-9 on the date the offense occurs and that law remains in effect for
8-10 that purpose.
8-11 SECTION 6. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.