78R4130 JD-F
By: Harris S.B. No. 631
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of sentence and the deferral of
adjudication in cases involving certain misdemeanor traffic
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.051, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
DISPOSITION. (a) On a plea of guilty or nolo contendere by a
defendant or on a finding of guilt in a misdemeanor case punishable
by fine only and payment of all court costs, the judge [justice]
may, at the judge's discretion, defer further proceedings without
entering an adjudication of guilt and place the defendant on
probation for a period not to exceed 180 days.
(b) During the deferral period, the judge [justice] may, at
the judge's discretion, require the defendant to:
(1) post a bond in the amount of the fine assessed to
secure payment of the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) participate in an alcohol or drug abuse treatment
or education program;
(7) pay the costs of any diagnostic testing,
psychosocial assessment, or participation in a treatment or
education program either directly or through the court as court
costs; [and]
(8) complete a driving safety course approved under
the Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes) or another course as
directed by the judge; and
(9) comply with any other reasonable condition.
(c) The [At the conclusion of the deferral period, if the]
defendant must present to the court [presents] satisfactory
evidence that the defendant [he] has complied with the requirements
imposed by[,] the judge under this article before the conclusion of
the deferral period. If satisfactory evidence is timely presented
to the court, the judge [justice] 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. [Otherwise, the
justice may proceed with an adjudication of guilt. After an
adjudication of guilt, the justice may reduce the fine assessed or
may then impose the fine assessed, less any portion of the assessed
fine that has been paid.] If the complaint is dismissed, a special
expense not to exceed the amount of the fine assessed may be
imposed.
(d) If by [at] the conclusion of the deferral period the
defendant does not present satisfactory evidence that the defendant
complied with the requirements imposed, the judge [justice] may
impose the fine assessed or impose a lesser fine. The imposition of
the fine or lesser fine constitutes a final conviction of the
defendant.
(e) Records relating to a complaint dismissed as provided by
this article may be expunged under Article 55.01 [of this code]. If
a complaint is dismissed under this article, there is not a final
conviction and the complaint may not be used against the person for
any purpose.
(f) This article does not apply to an offense to which
Section 542.404 or 729.004(b), Transportation Code, applies.
(g) This article does not apply to a person who holds a
commercial driver's license and commits:
(1) a serious traffic violation involving the
operation of a motor vehicle or a commercial motor vehicle; or
(2) a drug or alcohol offense involving the operation
of any motor vehicle.
(h) In this article, "serious traffic violation" has the
meaning assigned by Section 522.003, Transportation Code.
SECTION 2. Article 45.0511, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
TRAFFIC OFFENSES]. (a) This article applies only to an alleged
offense that:
(1) is within the jurisdiction of a justice court or a
municipal court;
(2) involves [involving] the operation of a motor
vehicle; and
(3) is [other than a commercial motor vehicle, as]
defined by:
(A) Section 472.022 [522.003], Transportation
Code;
(B) Subtitle C, Title 7, Transportation Code; or
(C) Section 729.001(a)(3), Transportation Code[,
and supplements Article 45.051].
(b) The judge [During the deferral period under Article
45.051, the justice:
[(1)] shall require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency or a course under the motorcycle operator training and
safety program approved by the designated state agency under
Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this article;
(2) [deferred disposition and] the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as appropriate, within the [preceding] 12 months
preceding the date of the offense;
(3) [and
[(2) may require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency if the defendant has completed an approved driving safety
course within the preceding 12 months.
[(c) Subsection (b)(1) applies only if:
[(1)] the defendant [person] enters a plea under
Article 45.021 in person or in writing of no contest or guilty on or
[and,] before the answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a [an oral or written] request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(4) [(2) the court enters judgment on the person's
plea of no contest or guilty at the time the plea is made but defers
imposition of the judgment for 180 days;
[(3)] the defendant [person] has a valid Texas
driver's license or permit;
(5) [(4)] the defendant [person] is charged with an
offense to which this article applies, other than speeding 25 miles
per hour or more over the posted speed limit; and
(6) [(5)] the defendant [person] provides evidence of
financial responsibility as required by Chapter 601,
Transportation Code[;
[(6) the defendant's driving record as maintained by
the Texas Department of Public Safety shows the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as appropriate, within the 12 months preceding the
date of the offense; and
[(7) the defendant files an affidavit with the court
stating that the person is not taking a course under this section
and has not completed a course that is not shown on the person's
driving record within the 12 months preceding the date of the
offense].
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) the defendant's driving record as maintained by
the Department of Public Safety showing that the defendant had not
completed an approved driving safety course or motorcycle operator
training course, as applicable, within the 12 months preceding the
date of the offense; and
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the 12 months
preceding the date of the offense.
(d) Notwithstanding Subsections (b)(2) and (3), [Subsection
(c)(1), on a written motion submitted to the court] before the final
disposition of the case, the court may grant a request to take a
driving safety course or a motorcycle operator training course
under this article.
(e) A request to take a driving safety course made at or
before the time and at the place at which a defendant [person] is
required to appear in court is an appearance in compliance with the
defendant's [person's] promise to appear.
(f) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
[The] court may:
(1) require a defendant [person] requesting a [driving
safety] course under Subsection (b) to pay an administrative [a]
fee set by the court to cover the cost of administering this article
at an amount of not more than $10; or
(2) require a defendant requesting a course under
Subsection (d) to pay a fee set by the court at an amount not to
exceed the maximum amount of the fine for the offense committed by
the defendant[, including any other fee authorized by statute or
municipal ordinance, to cover the cost of administering this
article].
(g) A defendant [person] who requests but does not take a
course is not entitled to a refund of the fee.
(h) Fees collected by a municipal court shall be deposited
in the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located.
(i) If a defendant [person] requesting a [driving safety]
course under this article fails to comply with Subsection (c)
[furnish evidence of the successful completion of the course to the
court], the court shall:
(1) notify the defendant [person] in writing, mailed
to the address on file with the court or appearing on the notice to
appear, of that failure; and
(2) require the defendant [person] to appear at the
time and place stated in the notice to show cause why the evidence
was not timely submitted to the court.
(j) If the defendant [A person who] fails to appear at the
time and place stated in the notice under Subsection (i), or appears
at the time and place stated in the notice but does not show good
cause for the defendant's failure to comply with Subsection (c),
the court shall enter an adjudication of guilt and impose sentence
[commits a misdemeanor punishable as provided by Section 543.009,
Transportation Code].
(k) On a defendant's [person's] showing of good cause for
failure to furnish evidence to the court, the court may allow an
extension of time during which the defendant [person] may present:
(1) a uniform certificate of course completion as
evidence that the defendant [person] successfully completed the
driving safety course; or
(2) a verification of course completion as evidence
that the defendant successfully completed the motorcycle operator
training course.
(l) When a defendant [person] complies with Subsection (c)
[Subsection (b) and a uniform certificate of course completion is
accepted by the court], the court shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant [person]
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 [this] report whether the course was
taken under [the procedure provided by] 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 [person] 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 [person'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 [person] charged with:
(1) a violation of Section 545.066, [545.401,
545.421,] 550.022, or 550.023, Transportation Code;
(2) a[, or] serious traffic violation; or
(3) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies [as defined by Section 522.003,
Transportation Code].
(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 a person who holds a
commercial driver's license and commits:
(1) a serious traffic violation involving the
operation of a motor vehicle or a commercial motor vehicle; or
(2) a drug or alcohol offense involving the operation
of any motor vehicle.
(t) In this article, "serious traffic violation" has the
meaning assigned by Section 522.003, Transportation Code. [Nothing
in this article shall prevent a court from assessing a special
expense for deferred disposition in the same manner as provided by
Article 45.051. For a deferred disposition under Subsection
(b)(1), the court may only collect a fee of not more than $10 in
addition to any applicable court cost.]
SECTION 3. Section 472.022(f), Transportation Code, is
amended to read as follows:
(f) Articles 45.051 and 45.0511 [Article 45.54], Code of
Criminal Procedure, do [does] not apply to an offense under this
section committed in a construction or maintenance work zone when
workers are present.
SECTION 4. The following laws are repealed:
(1) Section 543.101, Transportation Code; and
(2) Section 543.117, Transportation Code.
SECTION 5. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003.
(c) An offense committed before September 1, 2003, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2003, if
any element of the offense was committed before that date.