SRC-BWC S.B. 730 77(R)BILL ANALYSIS
Senate Research CenterS.B. 730
By: Harris
Criminal Justice
6/18/2001
Enrolled
DIGEST AND PURPOSE
During the 76th Legislature, legislation was enacted to merge the laws
governing dismissal of traffic tickets. Previously, the laws had been
divided between the Transportation Code and the Code of Criminal Procedure
and some of the provisions were in conflict. These laws were merged by two
separate bills and placed in the Code of Criminal Procedure. However,
these two bills created some problems, such as blurring the lines between
deferred disposition and driving safety dismissals, and commercial drivers
were inadvertently excluded from the driving safety program. S.B. 730
streamlines procedures, eliminates ambiguities, restores commercial
drivers' rights to driving safety dismissal, and makes a clear distinction
between deferred disposition and a driving safety dismissal.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 543.004, Transportation Code, as follows:
Sec. 543.004. New heading: NOTICE TO APPEAR REQUIRED. Provides that the
issuance of a written notice to appear as provided by Section 543.003 is
mandatory and requires an officer to issue a written notice to appear
except under certain circumstances, as provided by this section. Deletes
text regarding an offense of speeding or a violation of the open container
law. Provides that this section does not require an officer to issue a
written notice to appear under certain circumstances. Deletes text that
provides the offenses specified by this section are the only offenses for
which issuance of a written notice to appear is mandatory.
SECTION 2. Amends Article 14.06, Code of Criminal Procedure, to authorize
a peace officer who is charging a person with committing an offense that is
a Class C misdemeanor, other than an offense under Section 49.02, Penal
Code, or a traffic offense, to provide to the person written notice
regarding the time and place to appear before a magistrate, the name and
address of the person charged, and the offense charged, instead of taking
the person before the magistrate, if the person displays certain
information. Provides that if a person charged as described by this section
is a resident of or is operating a vehicle licensed in a state or country
other than this state, the section applies only as provided by Chapter 703,
Transportation Code. Provides that this section does not require a peace
officer to issue a citation and allows for the person to be taken before
the magistrate under certain circumstances.
SECTION 3. Reenacts and amends Article 45.051, Code of Criminal Procedure
(formerly Article 45.54, Code of Criminal Procedure, redesignated as
Article 45.051 by Chapter 1545, Acts of the 76th Legislature, Regular
Session, 1999), as amended by Chapters 532, 1387, and 1545, Acts of the
76th Legislature, Regular Session, 1999, as follows:
Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION.
Authorizes the judge, rather than justice, at the judge's discretion and
during the deferral period, to require the defendant to complete a driving
safety course approved under the Texas Driver and Traffic Safety Education
Act (Article 4413(29c), V.T.C.S.) or another course as directed by the
judge. Requires the defendant to present to the court satisfactory
evidence that the defendant has complied with the requirements imposed by
the judge under this article before the conclusion of the deferral period.
Requires the judge, if satisfactory evidence is timely presented to the
judge, to dismiss the complaint, and requires that it be clearly noted in
the docket that the complaint is dismissed and there is no final
conviction. Deletes text regarding the adjudication of guilt. Provides
that this article does not apply to an offense to which Section 542.404
(General Provisions) or Section 729.004(b) (Operation of Motor Vehicle by
Minor), Transportation Code, applies. Provides that this article does not
apply to a person who holds a commercial driver's license and commits
certain offenses. Defines "serious traffic violation." Makes conforming
changes.
SECTION 4. Reenacts and amends Article 45.0511, Code of Criminal
Procedure, as added by Chapter 1545, Acts of the 76th Legislature, Regular
Session, 1999, as follows:
Art. 45.0511. New heading: DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
COURSE DISMISSAL PROCEDURES. (a) Provides that this article applies only
to an alleged offense that is within the jurisdiction of a justice court or
a municipal court, involves the operation of a motor vehicle, which is
defined by Section 472.022 (Miscellaneous Provisions), rather than 522.003,
Transportation Code, Title7C (Rules of the Road), Transportation Code, or
Section 729.001(a) (3) (Operation of Motor Vehicle by Minor),
Transportation Code. Deletes reference to supplementing Article 45.051.
Deletes phrase "other than a commercial motor vehicle."
(b) Requires the judge to require the defendant to successfully complete a
driving safety course approved by the Texas Education Agency or a course
under the motorcycle operator training and safety program approved by the
designated state agency under Chapter 662 (Motorcycle Operator Training and
Safety), Transportation Code, if the defendant, rather than person,
performs certain requirements. Deletes text regarding certain actions by
the defendant. Deletes text regarding the plea of the defendant.
(c) Requires the court to enter judgment on the defendant's plea of no
contest or guilty at the time the plea is made, defer imposition of the
judgment, and allow the defendant a specific amount of time to complete and
show proof of completing a driving safety course or motorcycle operator
training course, including certain other information.
(d) Authorizes the court, notwithstanding Subsections (b) (2) and (3),
rather than Subsection (c) (1) on a written motion submitted to the court,
before the final disposition of the case, to grant a request to take a
driving safety course or a motorcycle operator training course under this
article.
(e) Makes conforming changes.
(f) Authorizes the court, in addition to court costs and fees authorized
or imposed by a law of this state and applicable to the offense, to require
the defendant to pay certain fees.
(g) Makes a conforming change.
(i) Requires the court, if a defendant requesting a course, rather than
driving safety course, fails to comply with Subsection (c) (1) or (2), to
notify the defendant in writing, mailed to the address on file with the
court or appearing on the notice to appear, of that failure. Makes
conforming changes.
(j) Requires the court to enter an adjudication of guilt and impose a
sentence, if the defendant fails to appear at the time and place stated in
the notice under Subsection (i), or appears at the time and place stated in
the notice but does not show good cause for the defendant's failure to
comply with Subsections (c) (1) and (2). Deletes text regarding the
committing of a misdemeanor.
(k) Makes conforming changes.
(l) Deletes text regarding the compliance with Subsection (b) and
regarding uniform certificate. Makes conforming changes.
(o) Makes a conforming change.
(p) Requires the court to advise a defendant charged with a misdemeanor
under Section 472.022 (Obeying Warning Signs), Transportation Code, Title
7C (Rules of the Road), Transportation Code; or Section 729.001(a) (3)
(Operation of Motor Vehicle by Minor in Violation of Traffic Laws;
Offense), Transportation Code, committed while operating a motor vehicle of
the defendant's right under this article to successfully complete certain
safety courses. Provides that the right to complete a course does not apply
to a defendant charged with a violation of Section 545.066 (Passing a
School Bus), 550.022 (Accident Involving Damage to Vehicle), or 550.023
(Duty to Give Information and Render Aid), rather than 545.401 and 545.421,
Transportation Code; or an offense to which Section 542.404 (Fine for
Offense in Construction or Maintenance Work Zone) or 729.004(b) (Fine for
Offense in Construction or Maintenance Work Zone), Transportation Code,
applies. Deletes "as defined by Section 522.003, Transportation Code."
(q) Provides that a notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense under
sections referred to in Subsection (p), committed while operating a motor
vehicle, of the defendant's right to complete certain safety courses.
Requires the notice to contain specific wording.
(r) Authorizes the defendant, if the notice required by Subsection (q) is
not provided to the defendant charged with the offense, to continue to
exercise the defendant's right to take certain safety courses until the
notice required by Subsection (q) is provided to the defendant or there is
a final disposition of the case.
(s) Makes conforming changes.
(t) Makes conforming changes.
SECTION 5. Amends Section 472.022(f), Transportation Code, to provide that
Articles 45.051 (Suspension of Sentence and Deferral of Final Disposition)
and 45.0511 (Driving Safety Course or Motorcycle Operator Dismissal
Procedures), rather than Article 45.54, Code of Criminal Procedure, do not
apply to an offense under this section committed in a construction or
maintenance work zone when workers are present.
SECTION 6. Repealers:
_Article 45.541 (Deferred Disposition Procedures Applicable to Traffic
Offenses), Code of Criminal Procedure, as added by Chapter 1387, Acts of
the 76th Legislature, Regular Session, 1999;
_Section 543.101 (Statement of Right Provided on Notice to Appear),
Transportation Code; and
_Section 543.117 (Offense in Construction or Maintenance Work Zone),
Transportation Code.
SECTION 7. Effective date: September 1, 2001.
Makes application of this Act prospective.