By:  Elkins (Senate Sponsor - Lindsay)                            H.B. No. 703
	(In the Senate - Received from the House May 2, 2005; 
May 3, 2005, read first time and referred to Committee on Criminal 
Justice; May 18, 2005, reported favorably by the following vote:  
Yeas 5, Nays 0; May 18, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to 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 45.0511, Code of Criminal Procedure, is 
amended by amending Subsection (c) and adding Subsection (c-1) to 
read as follows:
	(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)  unless the judge proceeds under Subsection (c-1),
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.
	(c-1)  As an alternative to presenting the defendant's 
driving record to the court under Subsection (c)(2), the judge,  at 
the time the defendant requests a driving safety course or 
motorcycle operator training course dismissal under this article, 
may require the defendant to pay a fee of $10 for a copy of the 
driving record and the judge may obtain a copy of the driving record 
from the Texas Department of Public Safety.  The $10 fee under this 
subsection is in addition to any other fee required under this 
article.  If the defendant's driving record shows that 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, the judge shall allow the 
defendant to complete the appropriate course as provided by this 
article.  The custodian of a municipal or county treasury who 
receives fees collected under this subsection shall keep a record 
of the fees and, without deduction, forward the fees to the 
comptroller, with and in the manner required for other fees and 
costs received in connection with criminal cases.  The comptroller 
shall credit fees received under this subsection to the Texas 
Department of Public Safety.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after September 1, 2005.
	(b)  An offense committed before September 1, 2005, 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, 2005, if 
any element of the offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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