80R6231 KCR-F

By: Carona S.B. No. 1386

A BILL TO BE ENTITLED

AN ACT

relating to deferred disposition for certain defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45.051, Code of Criminal Procedure, is amended by amending Subsections (a), (b-1), and (b-2) and adding Subsections (b-4), (b-5), and (c-1) to read as follows:

(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 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. An order of deferral under this subsection terminates any liability under a bail bond or an appearance bond given for the charge.

(b-1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense under Chapter 521 or Subtitle C, Title 7, Transportation Code [classified as a moving violation]:

(1) Subsection (b)(8) does not apply;

(2) during the deferral period, the judge shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and

(3) if the defendant holds a provisional license issued by this state, during the deferral period the judge may [shall] require that the defendant be examined by the Department of Public Safety as required by Section 521.161(b)(2), Transportation Code, and [;] a defendant required by a judge to be examined under this subdivision is not exempt from the examination regardless of whether the defendant was examined previously.

(b-2) A person examined as required by a judge under Subsection (b-1)(3) must pay a $10 examination fee to the Department of Public Safety.

(b-4) If a defendant described by Subsection (b-1) is charged with multiple offenses arising out of the same incident and the judge under Subsection (a) defers further proceedings concerning all of the offenses, the judge may not order the defendant to take more than one driving safety course under Subsection (b-1)(2).

(b-5) If the defendant is charged with a misdemeanor under Section 472.022, Transportation Code, or an offense under Subtitle C, Title 7, Transportation Code, at the conclusion of the deferral period the defendant shall provide the court with a copy of the defendant's driving record as maintained by the Department of Public Safety, if any, for the deferral period.

(c-1) If the judge dismisses the complaint under Subsection (c), the judge, without specifying the offense with which the defendant was charged, shall report the fact that the defendant complied with the requirements of an order of deferral to the Department of Public Safety for inclusion in the defendant's driving record. SECTION 2. Article 45.051(f), Code of Criminal Procedure, as amended by Chapters 281 and 357, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:

(f) This article does not apply to:

(1) an offense to which Section 542.404 [or 729.004(b)], Transportation Code, applies; or

(2) a violation of Chapter 521 or Subtitle C, Title 7, Transportation Code, or any other [a] state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who:

(A) holds a commercial driver's license; or

(B) held a commercial driver's license when the offense was committed.

SECTION 3. Article 45.0511, Code of Criminal Procedure, is amended by amending Subsections (a), (b), (c), and (p) and adding Subsection (c-2) to read as follows:

(a) This [Except as provided by Subsection (a-1), this] article applies only to an alleged offense that:

(1) is within the jurisdiction of a justice court or a municipal court;

(2) involves the operation of a motor vehicle; and

(3) is defined by:

(A) Section 472.022, Transportation Code;

(B) Subtitle C, Title 7, Transportation Code; or

(C) Section 729.001(a)(3), Transportation Code.

(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, in this state within the 12 months preceding the date of the offense; or

(B) does not have a valid Texas driver's license or permit, but does have a valid driver's license or permit issued by another state or 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 issued by this state or another state; 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) unless the judge proceeds under Subsection (c-1), 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;

(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, but does have a valid driver's license or permit issued by another state or [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.

(c-2) If a defendant required to present an affidavit under Subsection (c)(4) does not have a valid Texas driver's license but does have a valid driver's license or permit issued by another state, the judge may order the defendant to provide the court with a copy of the defendant's driving record as maintained by the state issuing the driver's license or permit 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.

(p) The court shall advise a defendant 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 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 under Subsection (b) does not apply to a defendant charged with:

(1) a violation of Section 522.011, 522.015, 522.042, 545.066, 545.401, 550.022, or 550.023, Transportation Code;

(2) a violation of state law, other than a violation described by Subdivision (1) or a violation of a local law related to motor vehicle traffic control, including a law regulating the operation of vehicles on highways, if the violation occurs in connection with a fatal motor vehicle or motorcycle accident [serious traffic violation]; or

(3) an offense to which Section 542.404 [or 729.004(b)], Transportation Code, applies.

SECTION 4. Article 45.0511(a-1), Code of Criminal Procedure, is repealed.

SECTION 5. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed 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 the effective date of this Act if any element of the offense was committed before that date.

SECTION 6. This Act takes effect September 1, 2007.