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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for dismissal of certain speeding charges |
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on completion of a driving safety course. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.0511(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The judge shall require the defendant to successfully |
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complete a driving safety course approved by the Texas Education |
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Agency or a course under the motorcycle operator training and |
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safety program approved by the designated state agency under |
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Chapter 662, Transportation Code, if: |
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(1) the defendant elects driving safety course or |
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motorcycle operator training course dismissal under this article; |
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(2) the defendant: |
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(A) has not completed an approved driving safety |
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course or motorcycle operator training course, as appropriate, |
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within the 12 months preceding the date of the offense; or |
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(B) does not have a valid Texas driver's license |
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or permit, is a member of the United States military forces serving |
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on active duty, and has not completed a driving safety course or |
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motorcycle operator training course, as appropriate, in another |
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state within the 12 months preceding the date of the offense; |
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(3) the defendant enters a plea under Article 45.021 |
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in person or in writing of no contest or guilty on or before the |
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answer date on the notice to appear and: |
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(A) presents in person or by counsel to the court |
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a request to take a course; or |
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(B) sends to the court by certified mail, return |
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receipt requested, postmarked on or before the answer date on the |
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notice to appear, a written request to take a course; |
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(4) the defendant: |
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(A) has a valid Texas driver's license or permit; |
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or |
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(B) is a member of the United States military |
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forces serving on active duty; |
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(5) the defendant is charged with an offense to which |
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this article applies, other than speeding at a speed of: |
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(A) 95 miles per hour or more; or |
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(B) 25 miles per hour or more over the posted |
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speed limit; and |
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(6) the defendant provides evidence of financial |
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responsibility as required by Chapter 601, Transportation Code. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |