By: Harris S.B. No. 730
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of sentence and the deferral of
1-3 adjudication in cases involving certain misdemeanor traffic
1-4 offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 45.051, Code of Criminal Procedure
1-7 (formerly Article 45.54, Code of Criminal Procedure, redesignated
1-8 as Article 45.051 by Chapter 1545, Acts of the 76th Legislature,
1-9 Regular Session, 1999), as amended by Chapters 532, 1387, and 1545,
1-10 Acts of the 76th Legislature, Regular Session, 1999, is reenacted
1-11 and amended to read as follows:
1-12 Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
1-13 DISPOSITION. (a) On a plea of guilty or nolo contendere by a
1-14 defendant or on a finding of guilt in a misdemeanor case punishable
1-15 by fine only and payment of all court costs, the judge [justice]
1-16 may, at the judge's discretion, defer further proceedings without
1-17 entering an adjudication of guilt and place the defendant on
1-18 probation for a period not to exceed 180 days.
1-19 (b) During the deferral period, the judge [justice] may, at
1-20 the judge's discretion, require the defendant to:
1-21 (1) post a bond in the amount of the fine assessed to
1-22 secure payment of the fine;
1-23 (2) pay restitution to the victim of the offense in an
1-24 amount not to exceed the fine assessed;
1-25 (3) submit to professional counseling;
2-1 (4) submit to diagnostic testing for alcohol or a
2-2 controlled substance or drug;
2-3 (5) submit to a psychosocial assessment;
2-4 (6) participate in an alcohol or drug abuse treatment
2-5 or education program;
2-6 (7) pay the costs of any diagnostic testing,
2-7 psychosocial assessment, or participation in a treatment or
2-8 education program either directly or through the court as court
2-9 costs; [and]
2-10 (8) complete a driving safety course approved under
2-11 the Texas Driver and Traffic Safety Education Act (Article
2-12 4413(29c), Vernon's Texas Civil Statutes) or another course as
2-13 directed by the judge; and
2-14 (9) comply with any other reasonable condition.
2-15 (c) The [At the conclusion of the deferral period, if the]
2-16 defendant must present to the court [presents] satisfactory
2-17 evidence that the defendant [he] has complied with the requirements
2-18 imposed by[,] the judge under this article before the conclusion of
2-19 the deferral period. If satisfactory evidence is timely presented
2-20 to the court, the judge [justice] shall dismiss the complaint, and
2-21 it shall be clearly noted in the docket that the complaint is
2-22 dismissed and that there is not a final conviction. [Otherwise,
2-23 the justice may proceed with an adjudication of guilt. After an
2-24 adjudication of guilt, the justice may reduce the fine assessed or
2-25 may then impose the fine assessed, less any portion of the assessed
2-26 fine that has been paid.] If the complaint is dismissed, a special
3-1 expense not to exceed the amount of the fine assessed may be
3-2 imposed.
3-3 (d) If by [at] the conclusion of the deferral period the
3-4 defendant does not present satisfactory evidence that the defendant
3-5 complied with the requirements imposed, the judge [justice] may
3-6 impose the fine assessed or impose a lesser fine. The imposition
3-7 of the fine or lesser fine constitutes a final conviction of the
3-8 defendant.
3-9 (e) Records relating to a complaint dismissed as provided by
3-10 this article may be expunged under Article 55.01 [of this code].
3-11 If a complaint is dismissed under this article, there is not a
3-12 final conviction and the complaint may not be used against the
3-13 person for any purpose.
3-14 (f) This article does not apply to an offense to which
3-15 Section 542.404 or 729.004(b), Transportation Code, applies.
3-16 (g) This article does not apply to an offense involving the
3-17 operation of a commercial motor vehicle or committed by a person
3-18 who holds a commercial driver's license. In this subsection,
3-19 "commercial motor vehicle" and "commercial driver's license" have
3-20 the meanings assigned by Section 522.003, Transportation Code.
3-21 SECTION 2. Article 45.0511, Code of Criminal Procedure, as
3-22 added by Chapter 1545, Acts of the 76th Legislature, Regular
3-23 Session, 1999, is reenacted and amended to read as follows:
3-24 Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
3-25 COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
3-26 TRAFFIC OFFENSES]. (a) This article applies only to an alleged
4-1 offense that:
4-2 (1) is within the jurisdiction of a justice court or a
4-3 municipal court;
4-4 (2) involves [involving] the operation of a motor
4-5 vehicle; and
4-6 (3) is [other than a commercial motor vehicle, as]
4-7 defined by:
4-8 (A) Section 472.022 [522.003], Transportation
4-9 Code;
4-10 (B) Subtitle C, Title 7, Transportation Code; or
4-11 (C) Section 729.001(a)(3), Transportation Code[,
4-12 and supplements Article 45.051].
4-13 (b) The judge [During the deferral period under Article
4-14 45.051, the justice:]
4-15 [(1)] shall require the defendant to successfully
4-16 complete a driving safety course approved by the Texas Education
4-17 Agency or a course under the motorcycle operator training and
4-18 safety program approved by the designated state agency under
4-19 Chapter 662, Transportation Code, if:
4-20 (1) the defendant elects driving safety course or
4-21 motorcycle operator training course dismissal under this article;
4-22 (2) [deferred disposition and] the defendant has not
4-23 completed an approved driving safety course or motorcycle operator
4-24 training course, as appropriate, within the [preceding] 12 months
4-25 preceding the date of the offense;
4-26 (3) [and]
5-1 [(2) may require the defendant to successfully
5-2 complete a driving safety course approved by the Texas Education
5-3 Agency if the defendant has completed an approved driving safety
5-4 course within the preceding 12 months.]
5-5 [(c) Subsection (b)(1) applies only if:]
5-6 [(1)] the defendant [person] enters a plea under
5-7 Article 45.021 [in person or in writing] of no contest or guilty on
5-8 or [and,] before the answer date on the notice to appear and:
5-9 (A) presents in person or by counsel to the
5-10 court a [an oral or written] request to take a course; or
5-11 (B) sends to the court by certified mail, return
5-12 receipt requested, postmarked on or before the answer date on the
5-13 notice to appear, a written request to take a course;
5-14 (4) [(2) the court enters judgment on the person's
5-15 plea of no contest or guilty at the time the plea is made but
5-16 defers imposition of the judgment for 180 days;]
5-17 [(3)] the defendant [person] has a valid Texas
5-18 driver's license or permit;
5-19 (5) [(4)] the defendant [person] is charged with an
5-20 offense to which this article applies, other than speeding 25 miles
5-21 per hour or more over the posted speed limit; and
5-22 (6) [(5)] the defendant [person] provides evidence of
5-23 financial responsibility as required by Chapter 601, Transportation
5-24 Code[;]
5-25 [(6) the defendant's driving record as maintained by
5-26 the Texas Department of Public Safety shows the defendant has not
6-1 completed an approved driving safety course or motorcycle operator
6-2 training course, as appropriate, within the 12 months preceding the
6-3 date of the offense; and]
6-4 [(7) the defendant files an affidavit with the court
6-5 stating that the person is not taking a course under this section
6-6 and has not completed a course that is not shown on the person's
6-7 driving record within the 12 months preceding the date of the
6-8 offense].
6-9 (c) The court shall enter judgment on the defendant's plea
6-10 of no contest or guilty at the time the plea is made, defer
6-11 imposition of the judgment, and allow the defendant:
6-12 (1) 90 days to successfully complete the approved
6-13 driving safety course or motorcycle operator training course; and
6-14 (2) 30 additional days to present to the court:
6-15 (A) a uniform certificate of completion of the
6-16 driving safety course or a verification of completion of the
6-17 motorcycle operator training course;
6-18 (B) the defendant's driving record as maintained
6-19 by the Department of Public Safety showing that the defendant had
6-20 not completed an approved driving safety course or motorcycle
6-21 operator training course, as applicable, within the 12 months
6-22 preceding the date of the offense; and
6-23 (C) an affidavit stating that the defendant was
6-24 not taking a driving safety course or motorcycle operator training
6-25 course, as applicable, under this article on the date the request
6-26 to take the course was made and had not completed such a course
7-1 that is not shown on the defendant's driving record within the 12
7-2 months preceding the date of the offense.
7-3 (d) Notwithstanding Subsections (b)(2) and (3), [Subsection
7-4 (c)(1), on a written motion submitted to the court] before the
7-5 final disposition of the case, the court may grant a request to
7-6 take a driving safety course or a motorcycle operator training
7-7 course under this article.
7-8 (e) A request to take a driving safety course made at or
7-9 before the time and at the place at which a defendant [person] is
7-10 required to appear in court is an appearance in compliance with the
7-11 defendant's [person's] promise to appear.
7-12 (f) In addition to court costs and fees authorized or
7-13 imposed by a law of this state and applicable to the offense, the
7-14 [The] court may:
7-15 (1) require a defendant [person] requesting a [driving
7-16 safety] course under Subsection (b) to pay an administrative [a]
7-17 fee set by the court to cover the cost of administering this
7-18 article at an amount of not more than $10; or
7-19 (2) require a defendant requesting a course under
7-20 Subsection (d) to pay a fee set by the court at an amount not to
7-21 exceed the maximum amount of the fine for the offense committed by
7-22 the defendant[, including any other fee authorized by statute or
7-23 municipal ordinance, to cover the cost of administering this
7-24 article].
7-25 (g) A defendant [person] who requests but does not take a
7-26 course is not entitled to a refund of the fee.
8-1 (h) Fees collected by a municipal court shall be deposited
8-2 in the municipal treasury. Fees collected by another court shall
8-3 be deposited in the county treasury of the county in which the
8-4 court is located.
8-5 (i) If a defendant [person] requesting a [driving safety]
8-6 course under this article fails to comply with Subsection (c)(1) or
8-7 (2) [furnish evidence of the successful completion of the course to
8-8 the court], the court shall:
8-9 (1) notify the defendant [person] in writing, mailed
8-10 to the address on file with the court or appearing on the notice to
8-11 appear, of that failure; and
8-12 (2) require the defendant [person] to appear at the
8-13 time and place stated in the notice to show cause why the evidence
8-14 was not timely submitted to the court.
8-15 (j) If the defendant [A person who] fails to appear at the
8-16 time and place stated in the notice under Subsection (i), or
8-17 appears at the time and place stated in the notice but does not
8-18 show good cause for the defendant's failure to comply with
8-19 Subsection (c)(1) or (2), the court shall enter an adjudication of
8-20 guilt and impose sentence [commits a misdemeanor punishable as
8-21 provided by Section 543.009, Transportation Code].
8-22 (k) On a defendant's [person's] showing of good cause for
8-23 failure to furnish evidence to the court, the court may allow an
8-24 extension of time during which the defendant [person] may present:
8-25 (1) a uniform certificate of course completion as
8-26 evidence that the defendant [person] successfully completed the
9-1 driving safety course; or
9-2 (2) a verification of course completion as evidence
9-3 that the defendant successfully completed the motorcycle operator
9-4 training course.
9-5 (l) When a defendant [person] complies with Subsections
9-6 (c)(1) and (2) [Subsection (b) and a uniform certificate of course
9-7 completion is accepted by the court], the court shall:
9-8 (1) remove the judgment and dismiss the charge;
9-9 (2) report the fact that the defendant [person]
9-10 successfully completed a driving safety course or a motorcycle
9-11 operator training course and the date of completion to the Texas
9-12 Department of Public Safety for inclusion in the person's driving
9-13 record; and
9-14 (3) state in that [this] report whether the course was
9-15 taken under [the procedure provided by] this article to provide
9-16 information necessary to determine eligibility to take a subsequent
9-17 course under Subsection (b).
9-18 (m) The court may dismiss only one charge for each
9-19 completion of a course.
9-20 (n) A charge that is dismissed under this article may not be
9-21 part of a person's driving record or used for any purpose.
9-22 (o) An insurer delivering or issuing for delivery a motor
9-23 vehicle insurance policy in this state may not cancel or increase
9-24 the premium charged an insured under the policy because the insured
9-25 completed a driving safety course or a motorcycle operator training
9-26 course, or had a charge dismissed under this article.
10-1 (p) The court shall advise a defendant [person] charged with
10-2 a misdemeanor under Section 472.022, Transportation Code, Subtitle
10-3 C, Title 7, Transportation Code, or Section 729.001(a)(3),
10-4 Transportation Code, committed while operating a motor vehicle of
10-5 the defendant's [person's] right under this article to successfully
10-6 complete a driving safety course or, if the offense was committed
10-7 while operating a motorcycle, a motorcycle operator training
10-8 course. The right to complete a course does not apply to a
10-9 defendant [person] charged with:
10-10 (1) a violation of Section 545.066, [545.401,
10-11 545.421,] 550.022, or 550.023, Transportation Code;
10-12 (2) a[, or] serious traffic violation; or
10-13 (3) an offense to which Section 542.404 or 729.004(b),
10-14 Transportation Code, applies [as defined by Section 522.003,
10-15 Transportation Code].
10-16 (q) A notice to appear issued for an offense to which this
10-17 article applies must inform a defendant charged with an offense
10-18 under Section 472.022, Transportation Code, an offense under
10-19 Subtitle C, Title 7, Transportation Code, or an offense under
10-20 Section 729.001(a)(3), Transportation Code, committed while
10-21 operating a motor vehicle of the defendant's right to complete a
10-22 driving safety course or, if the offense was committed while
10-23 operating a motorcycle, of the defendant's right to complete a
10-24 motorcycle operator training course. The notice required by this
10-25 subsection must read substantially as follows:
10-26 "You may be able to require that this charge be dismissed by
11-1 successfully completing a driving safety course or a motorcycle
11-2 operator training course. You will lose that right if, on or
11-3 before your appearance date, you do not provide the court with
11-4 notice of your request to take the course."
11-5 (r) If the notice required by Subsection (q) is not provided
11-6 to the defendant charged with the offense, the defendant may
11-7 continue to exercise the defendant's right to take a driving safety
11-8 course or a motorcycle operator training course until the notice
11-9 required by Subsection (q) is provided to the defendant or there is
11-10 a final disposition of the case.
11-11 (s) This article does not apply to an offense involving the
11-12 operation of a commercial motor vehicle or committed by a person
11-13 who holds a commercial driver's license. In this subsection,
11-14 "commercial motor vehicle" and "commercial driver's license" have
11-15 the meanings assigned by Section 522.003, Transportation Code.
11-16 (t) In this article, "serious traffic violation" means a
11-17 traffic violation arising from the driving of a commercial motor
11-18 vehicle, other than a parking, vehicle weight, or vehicle defect
11-19 violation, that involves:
11-20 (1) excessive speeding, involving a single charge of
11-21 driving 15 miles per hour or more above the posted speed limit;
11-22 (2) reckless driving, as defined by state or local
11-23 law;
11-24 (3) a violation of a state or local law related to
11-25 motor vehicle traffic control, including a law regulating the
11-26 operation of vehicles on highways, arising in connection with a
12-1 fatal accident;
12-2 (4) improper or erratic traffic lane change; or
12-3 (5) following the vehicle ahead too closely.
12-4 SECTION 3. Subsection (f), Section 472.022, Transportation
12-5 Code, is amended to read as follows:
12-6 (f) Articles 45.051 and 45.0511 [Article 45.54], Code of
12-7 Criminal Procedure, do [does] not apply to an offense under this
12-8 section committed in a construction or maintenance work zone when
12-9 workers are present.
12-10 SECTION 4. The following laws are repealed:
12-11 (1) Article 45.541, Code of Criminal Procedure, as
12-12 added by Chapter 1387, Acts of the 76th Legislature, Regular
12-13 Session, 1999;
12-14 (2) Section 543.101, Transportation Code; and
12-15 (3) Section 543.117, Transportation Code.
12-16 SECTION 5. (a) This Act takes effect September 1, 2001.
12-17 (b) The change in law made by this Act applies only to an
12-18 offense committed on or after September 1, 2001.
12-19 (c) An offense committed before September 1, 2001, is
12-20 covered by the law in effect when the offense was committed, and
12-21 the former law is continued in effect for that purpose. For
12-22 purposes of this section, an offense was committed before September
12-23 1, 2001, if any element of the offense was committed before that
12-24 date.