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Amend SB 21 on third reading by adding the following
appropriately numbered section and renumbering subsequent sections
accordingly:
SECTION ____. (a) Subsection (c), Article 45.051, Code of
Criminal Procedure, as amended by SB 631 and SB 1904, Acts of the
78th Legislature, Regular Session, 2003, is reenacted to read as
follows:
(c) On determining that the defendant has complied with the
requirements imposed by the judge under this article, the judge
shall dismiss the complaint, and it shall be clearly noted in the
docket that the complaint is dismissed and that there is not a final
conviction. If the complaint is dismissed, a special expense not
to exceed the amount of the fine assessed may be imposed.
(b) Subsections (e) and (l)-(t), Article 45.0511, Code of
Criminal Procedure, as amended by SB 631 and SB 1904, Acts of the
78th Legislature, Regular Session, 2003, are reenacted to read as
follows:
(e) A request to take a driving safety course or motorcycle
operator training course made at or before the time and at the place
at which a defendant is required to appear in court is an appearance
in compliance with the defendant's promise to appear.
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Public
Safety for inclusion in the person's driving record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
(m) The court may dismiss only one charge for each
completion of a course.
(n) A charge that is dismissed under this article may not be
part of a person's driving record or used for any purpose.
(o) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the insured
completed a driving safety course or a motorcycle operator training
course, or had a charge dismissed under this article.
(p) The court shall advise a defendant charged with a
misdemeanor under Section 472.022, Transportation Code, Subtitle
C, Title 7, Transportation Code, or Section 729.001(a)(3),
Transportation Code, committed while operating a motor vehicle of
the defendant's right under this article to successfully complete a
driving safety course or, if the offense was committed while
operating a motorcycle, a motorcycle operator training course. The
right to complete a course does not apply to a defendant charged
with:
(1) a violation of Section 545.066, 550.022, or
550.023, Transportation Code;
(2) a serious traffic violation; or
(3) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies.
(q) A notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense
under Section 472.022, Transportation Code, an offense under
Subtitle C, Title 7, Transportation Code, or an offense under
Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle of the defendant's right to complete a
driving safety course or, if the offense was committed while
operating a motorcycle, of the defendant's right to complete a
motorcycle operator training course. The notice required by this
subsection must read substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course or a motorcycle
operator training course. You will lose that right if, on or before
your appearance date, you do not provide the court with notice of
your request to take the course."
(r) If the notice required by Subsection (q) is not provided
to the defendant charged with the offense, the defendant may
continue to exercise the defendant's right to take a driving safety
course or a motorcycle operator training course until the notice
required by Subsection (q) is provided to the defendant or there is
a final disposition of the case.
(s) This article does not apply to an offense committed by a
person who holds a commercial driver's license.
(t) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
(c) Subsection (c-1), Article 45.051, Code of Criminal
Procedure, as added by SB 1904, Acts of the 78th Legislature,
Regular Session, 2003, is repealed.
(d) This section takes effect September 1, 2003, if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
(e) If this Act does not receive the vote necessary for
effect as provided by Subsection (d) of this section, this section
takes effect on the 91st day after the last day of the legislative
session.