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.