By Harris                                              S.B. No. 730
         77R6812 JD-F                           
                                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 defer further proceedings without entering an adjudication of
1-17     guilt and place the defendant on probation for a period not to
1-18     exceed 180 days.
1-19           (b)  During the deferral period, the judge [justice] may
1-20     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;
 2-1                 (3)  submit to professional counseling;
 2-2                 (4)  submit to diagnostic testing for alcohol or a
 2-3     controlled substance or drug;
 2-4                 (5)  submit to a psychosocial assessment;
 2-5                 (6)  participate in an alcohol or drug  abuse treatment
 2-6     or education program;
 2-7                 (7)  pay the costs of any diagnostic testing,
 2-8     psychosocial assessment, or participation in a treatment or
 2-9     education program either directly or through the court as court
2-10     costs; [and]
2-11                 (8)  complete a driving safety course approved under
2-12     the Texas Driver and Traffic Safety Education Act (Article
2-13     4413(29c), Vernon's Texas Civil Statutes) or another course as
2-14     directed by the judge; and
2-15                 (9)  comply with any other reasonable condition.
2-16           (c)  The [At the conclusion of the deferral period, if the]
2-17     defendant must present [presents] satisfactory evidence that the
2-18     defendant [he] has complied with the requirements imposed by[,] the
2-19     judge under this article before the conclusion of the deferral
2-20     period.  If satisfactory evidence is timely presented to the judge,
2-21     the judge [justice] shall dismiss the complaint, and it shall be
2-22     clearly noted in the docket that the complaint is dismissed and
2-23     that there is not a final conviction.  [Otherwise, the justice may
2-24     proceed with an adjudication of guilt.  After an adjudication of
2-25     guilt, the justice may reduce the fine assessed or may then impose
2-26     the fine assessed, less any portion of the assessed fine that has
2-27     been paid.]  If the complaint is dismissed, a special expense not
 3-1     to exceed the amount of the fine assessed may be imposed.
 3-2           (d)  If by [at] the conclusion of the deferral period the
 3-3     defendant does not present satisfactory evidence that the defendant
 3-4     complied with the requirements imposed, the judge [justice] may
 3-5     impose the fine assessed or impose a lesser fine.  The imposition
 3-6     of the fine or lesser fine constitutes a final conviction of the
 3-7     defendant.
 3-8           (e)  Records relating to a complaint dismissed as provided by
 3-9     this article may be expunged under Article 55.01 [of this code].
3-10     If a complaint is dismissed under this article, there is not a
3-11     final conviction and the complaint may not be used against the
3-12     person for any purpose.
3-13           (f)  This article does not apply to an offense to which
3-14     Section 542.404 or 729.004(b), Transportation Code, applies.
3-15           SECTION 2.  Article 45.0511, Code of Criminal Procedure, as
3-16     added by Chapter 1545, Acts of the 76th Legislature, Regular
3-17     Session, 1999, is reenacted and amended to read as follows:
3-18           Art. 45.0511.  DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
3-19     COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
3-20     TRAFFIC OFFENSES].  (a)  This article applies only to an alleged
3-21     offense that:
3-22                 (1)  is within the jurisdiction of a justice court or a
3-23     municipal court;
3-24                 (2)  involves [involving] the operation of a motor
3-25     vehicle; and
3-26                 (3)  is [other than a commercial motor vehicle, as]
3-27     defined by:
 4-1                       (A)  Section 472.022 [522.003], Transportation
 4-2     Code;
 4-3                       (B)  Subtitle C, Title 7, Transportation Code; or
 4-4                       (C)  Section 729.001(a)(3), Transportation Code[,
 4-5     and supplements Article 45.051].
 4-6           (b)  The judge [During the deferral period under Article
 4-7     45.051, the justice:]
 4-8                 [(1)]  shall require the defendant to successfully
 4-9     complete a driving safety course approved by the Texas Education
4-10     Agency or a course under the motorcycle operator training and
4-11     safety program approved by the designated state agency under
4-12     Chapter 662, Transportation Code, if:
4-13                 (1)  the defendant elects driving safety course or
4-14     motorcycle operator training course dismissal under this article;
4-15                 (2)  [deferred disposition and] the defendant has not
4-16     completed an approved driving safety course or motorcycle operator
4-17     training course, as appropriate, within the [preceding] 12 months
4-18     preceding the date of the offense;
4-19                 (3)  [and]
4-20                 [(2)  may require the defendant to successfully
4-21     complete a driving safety course approved by the Texas Education
4-22     Agency if the defendant has completed an approved driving safety
4-23     course within the preceding 12 months.]
4-24           [(c)  Subsection (b)(1) applies only if:]
4-25                 [(1)]  the defendant [person] enters a plea under
4-26     Article 45.021 [in person or in writing] of no contest or guilty on
4-27     or [and,] before the answer date on the notice to appear and:
 5-1                       (A)  presents in person or by counsel to the
 5-2     court a [an oral or written] request to take a course; or
 5-3                       (B)  sends to the court by certified mail, return
 5-4     receipt requested, postmarked on or before the answer date on the
 5-5     notice to appear, a written request to take a course;
 5-6                 (4) [(2)  the court enters judgment on the person's
 5-7     plea of no contest or guilty at the time the plea is made but
 5-8     defers imposition of the judgment for 180 days;]
 5-9                 [(3)]  the defendant [person] has a Texas driver's
5-10     license or permit;
5-11                 (5) [(4)]  the defendant [person] is charged with an
5-12     offense to which this article applies, other than speeding 25 miles
5-13     per hour or more over the posted speed limit; and
5-14                 (6) [(5)]  the defendant [person] provides evidence of
5-15     financial responsibility as required by Chapter 601, Transportation
5-16     Code[;]
5-17                 [(6)  the defendant's driving record as maintained by
5-18     the Texas Department of Public Safety shows the defendant has not
5-19     completed an approved driving safety course or motorcycle operator
5-20     training course, as appropriate, within the 12 months preceding the
5-21     date of the offense; and]
5-22                 [(7)  the defendant files an affidavit with the court
5-23     stating that the person is not taking a course under this section
5-24     and has not completed a course that is not shown on the person's
5-25     driving record within the 12 months preceding the date of the
5-26     offense].
5-27           (c)  The court shall enter judgment on the defendant's plea
 6-1     of no contest or guilty at the time the plea is made, defer
 6-2     imposition of the judgment, and allow the defendant:
 6-3                 (1)  90 days to successfully complete the approved
 6-4     driving safety course or motorcycle operator training course; and
 6-5                 (2)  30 additional days to present to the court:
 6-6                       (A)  a uniform certificate of completion of the
 6-7     driving safety course or a verification of completion of the
 6-8     motorcycle operator training course;
 6-9                       (B)  the defendant's driving record as maintained
6-10     by the Department of Public Safety showing that the defendant had
6-11     not completed an approved driving safety course or motorcycle
6-12     operator training course, as applicable, within the 12 months
6-13     preceding the date of the offense; and
6-14                       (C)  an affidavit stating that the defendant was
6-15     not taking a driving safety course or motorcycle operator training
6-16     course, as applicable, under this article on the date the request
6-17     to take the course was made and had not completed such a course
6-18     that is not shown on the defendant's driving record within the 12
6-19     months preceding the date of the offense.
6-20           (d)  Notwithstanding Subsections (b)(2) and (3), [Subsection
6-21     (c)(1), on a written motion submitted to the court] before the
6-22     final disposition of the case, the court may grant a request to
6-23     take a driving safety course or a motorcycle operator training
6-24     course under this article.
6-25           (e)  A request to take a driving safety course made at or
6-26     before the time and at the place at which a defendant [person] is
6-27     required to appear in court is an appearance in compliance with the
 7-1     defendant's [person's] promise to appear.
 7-2           (f)  In addition to court costs and fees authorized or
 7-3     imposed by a law of this state and applicable to the offense, the
 7-4     [The] court may:
 7-5                 (1)  require a defendant [person] requesting a [driving
 7-6     safety] course under Subsection (b) to pay an administrative [a]
 7-7     fee set by the court at an amount of not more than $10; or
 7-8                 (2)  require a defendant requesting a course under
 7-9     Subsection (d) to pay a fee set by the court at an amount not to
7-10     exceed the maximum amount of the fine for the offense committed by
7-11     the defendant[, including any other fee authorized by statute or
7-12     municipal ordinance, to cover the cost of administering this
7-13     article].
7-14           (g)  A defendant [person] who requests but does not take a
7-15     course is not entitled to a refund of the fee.
7-16           (h)  Fees collected by a municipal court shall be deposited
7-17     in the municipal treasury.  Fees collected by another court shall
7-18     be deposited in the county treasury of the county in which the
7-19     court is located.
7-20           (i)  If a defendant [person] requesting a [driving safety]
7-21     course under this article fails to comply with Subsections (c)(1)
7-22     and (2) [furnish evidence of the successful completion of the
7-23     course to the court], the court shall:
7-24                 (1)  notify the defendant [person] in writing, mailed
7-25     to the address on file with the court or appearing on the notice to
7-26     appear, of that failure; and
7-27                 (2)  require the defendant [person] to appear at the
 8-1     time and place stated in the notice to show cause why the evidence
 8-2     was not timely submitted to the court.
 8-3           (j)  If the defendant [A person who] fails to appear at the
 8-4     time and place stated in the notice under Subsection (i), or
 8-5     appears at the time and place stated in the notice but does not
 8-6     show good cause for the defendant's failure to comply with
 8-7     Subsections (c)(1) and (2), the court shall enter an adjudication
 8-8     of guilt and impose sentence [commits a misdemeanor punishable as
 8-9     provided by Section 543.009, Transportation Code].
8-10           (k)  On a defendant's [person's] showing of good cause for
8-11     failure to furnish evidence to the court, the court may allow an
8-12     extension of time during which the defendant [person] may present:
8-13                 (1)  a uniform certificate of course completion as
8-14     evidence that the defendant [person] successfully completed the
8-15     driving safety course; or
8-16                 (2)  a verification of course completion as evidence
8-17     that the defendant successfully completed the motorcycle operator
8-18     training course.
8-19           (l)  When a defendant [person] complies with Subsections
8-20     (c)(1) and (2) [Subsection (b) and a uniform certificate of course
8-21     completion is accepted by the court], the court shall:
8-22                 (1)  remove the judgment and dismiss the charge;
8-23                 (2)  report the fact that the defendant [person]
8-24     successfully completed a driving safety course or a motorcycle
8-25     operator training course and the date of completion to the Texas
8-26     Department of Public Safety for inclusion in the person's driving
8-27     record; and
 9-1                 (3)  state in that [this] report whether the course was
 9-2     taken under [the procedure provided by] this article to provide
 9-3     information necessary to determine eligibility to take a subsequent
 9-4     course under Subsection (b).
 9-5           (m)  The court may dismiss only one charge for each
 9-6     completion of a course.
 9-7           (n)  A charge that is dismissed under this article may not be
 9-8     part of a person's driving record or used for any purpose.
 9-9           (o)  An insurer delivering or issuing for delivery a motor
9-10     vehicle insurance policy in this state may not cancel or increase
9-11     the premium charged an insured under the policy because the insured
9-12     completed a driving safety course or a motorcycle operator training
9-13     course, or had a charge dismissed under this article.
9-14           (p)  The court shall advise a defendant [person] charged with
9-15     a misdemeanor under Section 472.022, Transportation Code, Subtitle
9-16     C, Title 7, Transportation Code, or Section 729.001(a)(3),
9-17     Transportation Code, committed while operating a motor vehicle of
9-18     the defendant's [person's] right under this article to successfully
9-19     complete a driving safety course or, if the offense was committed
9-20     while operating a motorcycle, a motorcycle operator training
9-21     course.  The right to complete a course does not apply to a
9-22     defendant [person] charged with:
9-23                 (1)  a violation of Section 545.066, [545.401,
9-24     545.421,] 550.022, or 550.023, Transportation Code;
9-25                 (2)  a[, or] serious traffic violation as defined by
9-26     Section 522.003, Transportation Code; or
9-27                 (3)  an offense to which Section 542.404 or 729.004(b),
 10-1    Transportation Code, applies.
 10-2          (q)  A notice to appear issued for an offense to which this
 10-3    article applies must inform a defendant charged with an offense
 10-4    under Section 472.022, Transportation Code, an offense under
 10-5    Subtitle C, Title 7, Transportation Code, or an offense under
 10-6    Section 729.001(a)(3), Transportation Code, committed while
 10-7    operating a motor vehicle of the defendant's right to complete a
 10-8    driving safety course or, if the offense was committed while
 10-9    operating a motorcycle, of the defendant's right to complete a
10-10    motorcycle operator training course.  The notice required by this
10-11    subsection must read substantially as follows:
10-12          "You may be able to require that this charge be dismissed by
10-13    successfully completing a driving safety course or a motorcycle
10-14    operator training course.  You will lose that right if, before your
10-15    appearance date, you do not provide the court with notice of your
10-16    request to take the course."
10-17          (r)  If the notice required by Subsection (q) is not provided
10-18    to the defendant charged with the offense, the defendant may
10-19    continue to exercise the defendant's right to take a driving safety
10-20    course or a motorcycle operator training course until the notice
10-21    required by Subsection (q) is provided to the defendant or there is
10-22    a final disposition of the case.
10-23          SECTION 3. Section 472.022(f), Transportation Code, is
10-24    amended to read as follows:
10-25          (f)  Articles 45.051 and 45.0511 [Article 45.54], Code of
10-26    Criminal Procedure, do [does] not apply to an offense under this
10-27    section committed in a construction or maintenance work zone when
 11-1    workers are present.
 11-2          SECTION 4. The following laws are repealed:
 11-3                (1)  Article 45.541, Code of Criminal Procedure, as
 11-4    added by Chapter 1387, Acts of the 76th Legislature, Regular
 11-5    Session, 1999;
 11-6                (2)  Section 543.101, Transportation Code; and
 11-7                (3)  Section 543.117, Transportation Code.
 11-8          SECTION 5. (a)  This Act takes effect September 1, 2001.
 11-9          (b)  The change in law made by this Act applies only to an
11-10    offense committed on or after September 1, 2001.
11-11          (c)  An offense committed before September 1, 2001, is
11-12    covered by the law in effect when the offense was committed, and
11-13    the former law is continued in effect for that purpose.  For
11-14    purposes of this section, an offense was committed before September
11-15    1, 2001, if any element of the offense was committed before that
11-16    date.