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.