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.