C.S.S.B. 631 78(R)    BILL ANALYSIS


C.S.S.B. 631
By: Harris
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there are some ambiguities relating to the suspension of
sentence and the deferral of adjudication in cases involving certain
misdemeanor traffic offenses.  C.S.S.B. 631 clarifies that judges retain
full discretion to dismiss traffic offenses based on deferred disposition,
except in certain offenses, that judges may impose a driving safety course
on offenders, and that drivers retain the right to have a traffic offense
dismissed, except in certain offenses.  This bill also streamlines the
procedures for taking a driving safety course, clarifies the costs of
participating in the driving safety program and retains certain other
conditions. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 631 amends the Criminal Procedure and Transportation codes
relating to the suspension of sentence and the deferral of adjudication in
cases involving certain misdemeanor traffic offenses. The bill specifies
that an order of deferral, in a case in which a plea of guilty or nolo
contendere has been entered or on a finding of guilt in a misdemeanor case
punishable by fine only and payment of all court costs, terminates any
liability under a bail bond or an appearance bond given for the charge.
The bill also extends the judge's authority, during the deferral period,
by allowing the judge to require the defendant to complete an approved
driving safety course and to present to the court satisfactory evidence
showing that the defendant has complied with each requirement imposed by
the judge. These provisions do not apply to a traffic offense committed in
a work zone or to an offense committed by a person who holds a commercial
driver's license. 

The bill requires the judge to require the defendant to successfully
compete a course under the motorcycle operator training and safety program
approved by the appropriate state agency if the defendant elects to do so
and has not completed such a course within the preceding 12 months. The
judge is further required to enter judgment on the defendant's plea at the
time the plea is made, defer the imposition of the judgment, and allow the
defendant 90 days to complete an approved course and to present to the
judge a completion certificate and their driving record showing that the
same course had not been completed within 12 months or begun on the same
day as the plea was entered.  

The bill also allows the court to require the defendant requesting an
approved course to pay a fee in an amount not to exceed the maximum amount
of the fine for the offense committed by the defendant. Upon the
defendant's failing to comply with this provision, the court shall enter
an adjudication of guilt and impose sentence.  

Lastly, the bill requires notices to appear to inform defendants of their
right to complete a driving safety or motorcycle operator training course. 

EFFECTIVE DATE

September 1, 2003.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the engrossed bill by specifying that an order
of deferral, in a case in which a plea of guilty or nolo contendere has
been entered or on a finding of guilt in a misdemeanor case punishable by
fine only and payment of all court costs, terminates any liability under a
bail bond or an appearance bond given for the charge. Furthermore, the
substitute extends the judge's authority, during the deferral period, by
allowing the judge to require the defendant to present to the court
satisfactory evidence showing that the defendant has complied with each
requirement imposed by the judge.