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A BILL TO BE ENTITLED
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AN ACT
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relating to deferred disposition of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.051(b) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) During the deferral period, the judge may, at the |
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judge's discretion, require the defendant to: |
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(1) post a bond in the amount of the fine assessed to |
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secure payment of the fine; |
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(2) pay restitution to the victim of the offense in an |
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amount not to exceed the fine assessed; |
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(3) submit to professional counseling; |
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(4) submit to diagnostic testing for alcohol or a |
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controlled substance or drug; |
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(5) submit to a psychosocial assessment; |
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(6) participate in an alcohol or drug abuse treatment |
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or education program; |
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(7) pay the costs of any diagnostic testing, |
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psychosocial assessment, or participation in a treatment or |
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education program either directly or through the court as court |
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costs; |
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(8) complete a [driving safety course approved under
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Chapter 1001, Education Code, or another] course as directed by the |
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judge; |
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(9) present to the court satisfactory evidence that |
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the defendant has complied with each requirement imposed by the |
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judge under this article; and |
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(10) comply with any other reasonable condition. |
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(d) If by the conclusion of the deferral period the |
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defendant does not present satisfactory evidence that the defendant |
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complied with the requirements imposed, the judge may impose the |
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fine assessed or impose a lesser fine. The imposition of the fine |
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or lesser fine constitutes a final conviction of the defendant. |
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[This subsection does not apply to a defendant required under
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Subsection (b-1) to complete a driving safety course approved under
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Chapter 1001, Education Code, or an examination under Section
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521.161(b)(2), Transportation Code.] |
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SECTION 2. Article 45.051(f), Code of Criminal Procedure, |
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as amended by Chapters 281 and 357, Acts of the 79th Legislature, |
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Regular Session, 2005, is amended to read as follows: |
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(f) This article does not apply to[:
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[(1)] an offense to which Article 45.0511 [Section
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542.404 or 729.004(b), Transportation Code,] applies[; or
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[(2) a violation of a state law or local ordinance
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relating to motor vehicle control, other than a parking violation,
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committed by a person who:
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[(A)holds a commercial driver's license; or
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[(B) held a commercial driver's license when the
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offense was committed]. |
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SECTION 3. Articles 45.051(b-1), (b-2), (b-3), and (d-1), |
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Code of Criminal Procedure, are repealed. |
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SECTION 4. (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 5. This Act takes effect September 1, 2007. |