79R10062 JRJ-D
By: Farabee H.B. No. 370
Substitute the following for H.B. No. 370:
By: Frost C.S.H.B. No. 370
A BILL TO BE ENTITLED
AN ACT
relating to deferred disposition of certain traffic offenses by
certain holders of out-of-state driver's licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (c), Article 45.0511, Code
of Criminal Procedure, are amended to read as follows:
(b) The judge 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) the defendant:
(A) 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; or
(B) does not have a valid Texas driver's license
or permit, is a member of the United States military forces serving
on active duty, and has not completed a driving safety course or
motorcycle operator training course, as appropriate, in another
state within the 12 months preceding the date of the offense;
(3) the defendant enters a plea under Article 45.021
in person or in writing of no contest or guilty on or before the
answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a 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) the defendant:
(A) has a valid Texas driver's license or permit;
or
(B) is a member of the United States military
forces serving on active duty;
(5) the defendant 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) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
(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, if any, 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; and
(4) if the defendant does not have a valid Texas
driver's license or permit and is a member of the United States
military forces serving on active duty, an affidavit stating that
the defendant was not taking a driving safety course or motorcycle
operator training course, as appropriate, in another state on the
date the request to take the course was made and had not completed
such a course within the 12 months preceding the date of the
offense.
SECTION 2. This Act takes effect September 1, 2005.