1-1 By: Harris S.B. No. 730
1-2 (In the Senate - Filed February 15, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 19, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 19, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 730 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the suspension of sentence and the deferral of
1-11 adjudication in cases involving certain misdemeanor traffic
1-12 offenses.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 45.051, Code of Criminal Procedure
1-15 (formerly Article 45.54, Code of Criminal Procedure, redesignated
1-16 as Article 45.051 by Chapter 1545, Acts of the 76th Legislature,
1-17 Regular Session, 1999), as amended by Chapters 532, 1387, and 1545,
1-18 Acts of the 76th Legislature, Regular Session, 1999, is reenacted
1-19 and amended to read as follows:
1-20 Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
1-21 DISPOSITION. (a) On a plea of guilty or nolo contendere by a
1-22 defendant or on a finding of guilt in a misdemeanor case punishable
1-23 by fine only and payment of all court costs, the judge [justice]
1-24 may, at the judge's discretion, defer further proceedings without
1-25 entering an adjudication of guilt and place the defendant on
1-26 probation for a period not to exceed 180 days.
1-27 (b) During the deferral period, the judge [justice] may, at
1-28 the judge's discretion, require the defendant to:
1-29 (1) post a bond in the amount of the fine assessed to
1-30 secure payment of the fine;
1-31 (2) pay restitution to the victim of the offense in an
1-32 amount not to exceed the fine assessed;
1-33 (3) submit to professional counseling;
1-34 (4) submit to diagnostic testing for alcohol or a
1-35 controlled substance or drug;
1-36 (5) submit to a psychosocial assessment;
1-37 (6) participate in an alcohol or drug abuse treatment
1-38 or education program;
1-39 (7) pay the costs of any diagnostic testing,
1-40 psychosocial assessment, or participation in a treatment or
1-41 education program either directly or through the court as court
1-42 costs; [and]
1-43 (8) complete a driving safety course approved under
1-44 the Texas Driver and Traffic Safety Education Act (Article
1-45 4413(29c), Vernon's Texas Civil Statutes) or another course as
1-46 directed by the judge; and
1-47 (9) comply with any other reasonable condition.
1-48 (c) The [At the conclusion of the deferral period, if the]
1-49 defendant must present to the court [presents] satisfactory
1-50 evidence that the defendant [he] has complied with the requirements
1-51 imposed by[,] the judge under this article before the conclusion of
1-52 the deferral period. If satisfactory evidence is timely presented
1-53 to the court, the judge [justice] shall dismiss the complaint, and
1-54 it shall be clearly noted in the docket that the complaint is
1-55 dismissed and that there is not a final conviction. [Otherwise,
1-56 the justice may proceed with an adjudication of guilt. After an
1-57 adjudication of guilt, the justice may reduce the fine assessed or
1-58 may then impose the fine assessed, less any portion of the assessed
1-59 fine that has been paid.] If the complaint is dismissed, a special
1-60 expense not to exceed the amount of the fine assessed may be
1-61 imposed.
1-62 (d) If by [at] the conclusion of the deferral period the
1-63 defendant does not present satisfactory evidence that the defendant
1-64 complied with the requirements imposed, the judge [justice] may
2-1 impose the fine assessed or impose a lesser fine. The imposition
2-2 of the fine or lesser fine constitutes a final conviction of the
2-3 defendant.
2-4 (e) Records relating to a complaint dismissed as provided by
2-5 this article may be expunged under Article 55.01 [of this code].
2-6 If a complaint is dismissed under this article, there is not a
2-7 final conviction and the complaint may not be used against the
2-8 person for any purpose.
2-9 (f) This article does not apply to an offense to which
2-10 Section 542.404 or 729.004(b), Transportation Code, applies.
2-11 (g) This article does not apply to an offense involving the
2-12 operation of a commercial motor vehicle or committed by a person
2-13 who holds a commercial driver's license. In this subsection,
2-14 "commercial motor vehicle" and "commercial driver's license" have
2-15 the meanings assigned by Section 522.003, Transportation Code.
2-16 SECTION 2. Article 45.0511, Code of Criminal Procedure, as
2-17 added by Chapter 1545, Acts of the 76th Legislature, Regular
2-18 Session, 1999, is reenacted and amended to read as follows:
2-19 Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
2-20 COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
2-21 TRAFFIC OFFENSES]. (a) This article applies only to an alleged
2-22 offense that:
2-23 (1) is within the jurisdiction of a justice court or a
2-24 municipal court;
2-25 (2) involves [involving] the operation of a motor
2-26 vehicle; and
2-27 (3) is [other than a commercial motor vehicle, as]
2-28 defined by:
2-29 (A) Section 472.022 [522.003], Transportation
2-30 Code;
2-31 (B) Subtitle C, Title 7, Transportation Code; or
2-32 (C) Section 729.001(a)(3), Transportation Code[,
2-33 and supplements Article 45.051].
2-34 (b) The judge [During the deferral period under Article
2-35 45.051, the justice:]
2-36 [(1)] shall require the defendant to successfully
2-37 complete a driving safety course approved by the Texas Education
2-38 Agency or a course under the motorcycle operator training and
2-39 safety program approved by the designated state agency under
2-40 Chapter 662, Transportation Code, if:
2-41 (1) the defendant elects driving safety course or
2-42 motorcycle operator training course dismissal under this article;
2-43 (2) [deferred disposition and] the defendant has not
2-44 completed an approved driving safety course or motorcycle operator
2-45 training course, as appropriate, within the [preceding] 12 months
2-46 preceding the date of the offense;
2-47 (3) [and]
2-48 [(2) may require the defendant to successfully
2-49 complete a driving safety course approved by the Texas Education
2-50 Agency if the defendant has completed an approved driving safety
2-51 course within the preceding 12 months.]
2-52 [(c) Subsection (b)(1) applies only if:]
2-53 [(1)] the defendant [person] enters a plea under
2-54 Article 45.021 [in person or in writing] of no contest or guilty on
2-55 or [and,] before the answer date on the notice to appear and:
2-56 (A) presents in person or by counsel to the
2-57 court a [an oral or written] request to take a course; or
2-58 (B) sends to the court by certified mail, return
2-59 receipt requested, postmarked on or before the answer date on the
2-60 notice to appear, a written request to take a course;
2-61 (4) [(2) the court enters judgment on the person's
2-62 plea of no contest or guilty at the time the plea is made but
2-63 defers imposition of the judgment for 180 days;]
2-64 [(3)] the defendant [person] has a valid Texas
2-65 driver's license or permit;
2-66 (5) [(4)] the defendant [person] is charged with an
2-67 offense to which this article applies, other than speeding 25 miles
2-68 per hour or more over the posted speed limit; and
2-69 (6) [(5)] the defendant [person] provides evidence of
3-1 financial responsibility as required by Chapter 601, Transportation
3-2 Code[;]
3-3 [(6) the defendant's driving record as maintained by
3-4 the Texas Department of Public Safety shows the defendant has not
3-5 completed an approved driving safety course or motorcycle operator
3-6 training course, as appropriate, within the 12 months preceding the
3-7 date of the offense; and]
3-8 [(7) the defendant files an affidavit with the court
3-9 stating that the person is not taking a course under this section
3-10 and has not completed a course that is not shown on the person's
3-11 driving record within the 12 months preceding the date of the
3-12 offense].
3-13 (c) The court shall enter judgment on the defendant's plea
3-14 of no contest or guilty at the time the plea is made, defer
3-15 imposition of the judgment, and allow the defendant:
3-16 (1) 90 days to successfully complete the approved
3-17 driving safety course or motorcycle operator training course; and
3-18 (2) 30 additional days to present to the court:
3-19 (A) a uniform certificate of completion of the
3-20 driving safety course or a verification of completion of the
3-21 motorcycle operator training course;
3-22 (B) the defendant's driving record as maintained
3-23 by the Department of Public Safety showing that the defendant had
3-24 not completed an approved driving safety course or motorcycle
3-25 operator training course, as applicable, within the 12 months
3-26 preceding the date of the offense; and
3-27 (C) an affidavit stating that the defendant was
3-28 not taking a driving safety course or motorcycle operator training
3-29 course, as applicable, under this article on the date the request
3-30 to take the course was made and had not completed such a course
3-31 that is not shown on the defendant's driving record within the 12
3-32 months preceding the date of the offense.
3-33 (d) Notwithstanding Subsections (b)(2) and (3), [Subsection
3-34 (c)(1), on a written motion submitted to the court] before the
3-35 final disposition of the case, the court may grant a request to
3-36 take a driving safety course or a motorcycle operator training
3-37 course under this article.
3-38 (e) A request to take a driving safety course made at or
3-39 before the time and at the place at which a defendant [person] is
3-40 required to appear in court is an appearance in compliance with the
3-41 defendant's [person's] promise to appear.
3-42 (f) In addition to court costs and fees authorized or
3-43 imposed by a law of this state and applicable to the offense, the
3-44 [The] court may:
3-45 (1) require a defendant [person] requesting a [driving
3-46 safety] course under Subsection (b) to pay an administrative [a]
3-47 fee set by the court to cover the cost of administering this
3-48 article at an amount of not more than $10; or
3-49 (2) require a defendant requesting a course under
3-50 Subsection (d) to pay a fee set by the court at an amount not to
3-51 exceed the maximum amount of the fine for the offense committed by
3-52 the defendant[, including any other fee authorized by statute or
3-53 municipal ordinance, to cover the cost of administering this
3-54 article].
3-55 (g) A defendant [person] who requests but does not take a
3-56 course is not entitled to a refund of the fee.
3-57 (h) Fees collected by a municipal court shall be deposited
3-58 in the municipal treasury. Fees collected by another court shall
3-59 be deposited in the county treasury of the county in which the
3-60 court is located.
3-61 (i) If a defendant [person] requesting a [driving safety]
3-62 course under this article fails to comply with Subsection (c)(1) or
3-63 (2) [furnish evidence of the successful completion of the course to
3-64 the court], the court shall:
3-65 (1) notify the defendant [person] in writing, mailed
3-66 to the address on file with the court or appearing on the notice to
3-67 appear, of that failure; and
3-68 (2) require the defendant [person] to appear at the
3-69 time and place stated in the notice to show cause why the evidence
4-1 was not timely submitted to the court.
4-2 (j) If the defendant [A person who] fails to appear at the
4-3 time and place stated in the notice under Subsection (i), or
4-4 appears at the time and place stated in the notice but does not
4-5 show good cause for the defendant's failure to comply with
4-6 Subsection (c)(1) or (2), the court shall enter an adjudication of
4-7 guilt and impose sentence [commits a misdemeanor punishable as
4-8 provided by Section 543.009, Transportation Code].
4-9 (k) On a defendant's [person's] showing of good cause for
4-10 failure to furnish evidence to the court, the court may allow an
4-11 extension of time during which the defendant [person] may present:
4-12 (1) a uniform certificate of course completion as
4-13 evidence that the defendant [person] successfully completed the
4-14 driving safety course; or
4-15 (2) a verification of course completion as evidence
4-16 that the defendant successfully completed the motorcycle operator
4-17 training course.
4-18 (l) When a defendant [person] complies with Subsections
4-19 (c)(1) and (2) [Subsection (b) and a uniform certificate of course
4-20 completion is accepted by the court], the court shall:
4-21 (1) remove the judgment and dismiss the charge;
4-22 (2) report the fact that the defendant [person]
4-23 successfully completed a driving safety course or a motorcycle
4-24 operator training course and the date of completion to the Texas
4-25 Department of Public Safety for inclusion in the person's driving
4-26 record; and
4-27 (3) state in that [this] report whether the course was
4-28 taken under [the procedure provided by] this article to provide
4-29 information necessary to determine eligibility to take a subsequent
4-30 course under Subsection (b).
4-31 (m) The court may dismiss only one charge for each
4-32 completion of a course.
4-33 (n) A charge that is dismissed under this article may not be
4-34 part of a person's driving record or used for any purpose.
4-35 (o) An insurer delivering or issuing for delivery a motor
4-36 vehicle insurance policy in this state may not cancel or increase
4-37 the premium charged an insured under the policy because the insured
4-38 completed a driving safety course or a motorcycle operator training
4-39 course, or had a charge dismissed under this article.
4-40 (p) The court shall advise a defendant [person] charged with
4-41 a misdemeanor under Section 472.022, Transportation Code, Subtitle
4-42 C, Title 7, Transportation Code, or Section 729.001(a)(3),
4-43 Transportation Code, committed while operating a motor vehicle of
4-44 the defendant's [person's] right under this article to successfully
4-45 complete a driving safety course or, if the offense was committed
4-46 while operating a motorcycle, a motorcycle operator training
4-47 course. The right to complete a course does not apply to a
4-48 defendant [person] charged with:
4-49 (1) a violation of Section 545.066, [545.401,
4-50 545.421,] 550.022, or 550.023, Transportation Code;
4-51 (2) a[, or] serious traffic violation; or
4-52 (3) an offense to which Section 542.404 or 729.004(b),
4-53 Transportation Code, applies [as defined by Section 522.003,
4-54 Transportation Code].
4-55 (q) A notice to appear issued for an offense to which this
4-56 article applies must inform a defendant charged with an offense
4-57 under Section 472.022, Transportation Code, an offense under
4-58 Subtitle C, Title 7, Transportation Code, or an offense under
4-59 Section 729.001(a)(3), Transportation Code, committed while
4-60 operating a motor vehicle of the defendant's right to complete a
4-61 driving safety course or, if the offense was committed while
4-62 operating a motorcycle, of the defendant's right to complete a
4-63 motorcycle operator training course. The notice required by this
4-64 subsection must read substantially as follows:
4-65 "You may be able to require that this charge be dismissed by
4-66 successfully completing a driving safety course or a motorcycle
4-67 operator training course. You will lose that right if, on or
4-68 before your appearance date, you do not provide the court with
4-69 notice of your request to take the course."
5-1 (r) If the notice required by Subsection (q) is not provided
5-2 to the defendant charged with the offense, the defendant may
5-3 continue to exercise the defendant's right to take a driving safety
5-4 course or a motorcycle operator training course until the notice
5-5 required by Subsection (q) is provided to the defendant or there is
5-6 a final disposition of the case.
5-7 (s) This article does not apply to an offense involving the
5-8 operation of a commercial motor vehicle or committed by a person
5-9 who holds a commercial driver's license. In this subsection,
5-10 "commercial motor vehicle" and "commercial driver's license" have
5-11 the meanings assigned by Section 522.003, Transportation Code.
5-12 (t) In this article, "serious traffic violation" means a
5-13 traffic violation arising from the driving of a commercial motor
5-14 vehicle, other than a parking, vehicle weight, or vehicle defect
5-15 violation, that involves:
5-16 (1) excessive speeding, involving a single charge of
5-17 driving 15 miles per hour or more above the posted speed limit;
5-18 (2) reckless driving, as defined by state or local
5-19 law;
5-20 (3) a violation of a state or local law related to
5-21 motor vehicle traffic control, including a law regulating the
5-22 operation of vehicles on highways, arising in connection with a
5-23 fatal accident;
5-24 (4) improper or erratic traffic lane change; or
5-25 (5) following the vehicle ahead too closely.
5-26 SECTION 3. Subsection (f), Section 472.022, Transportation
5-27 Code, is amended to read as follows:
5-28 (f) Articles 45.051 and 45.0511 [Article 45.54], Code of
5-29 Criminal Procedure, do [does] not apply to an offense under this
5-30 section committed in a construction or maintenance work zone when
5-31 workers are present.
5-32 SECTION 4. The following laws are repealed:
5-33 (1) Article 45.541, Code of Criminal Procedure, as
5-34 added by Chapter 1387, Acts of the 76th Legislature, Regular
5-35 Session, 1999;
5-36 (2) Section 543.101, Transportation Code; and
5-37 (3) Section 543.117, Transportation Code.
5-38 SECTION 5. (a) This Act takes effect September 1, 2001.
5-39 (b) The change in law made by this Act applies only to an
5-40 offense committed on or after September 1, 2001.
5-41 (c) An offense committed before September 1, 2001, is
5-42 covered by the law in effect when the offense was committed, and
5-43 the former law is continued in effect for that purpose. For
5-44 purposes of this section, an offense was committed before September
5-45 1, 2001, if any element of the offense was committed before that
5-46 date.
5-47 * * * * *