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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of a special expense fee on a grant of |
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deferred disposition in a justice or municipal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (d-2) to read as follows: |
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(a) On a plea of guilty or nolo contendere by a defendant or |
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on a finding of guilt in a misdemeanor case punishable by fine only |
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and payment of all court costs, the judge may[, at the judge's
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discretion,] defer further proceedings without entering an |
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adjudication of guilt and place the defendant on probation for a |
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period not to exceed 180 days and, in issuing the order of deferral, |
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may impose a special expense fee in an amount not to exceed the |
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maximum amount of the fine that could be assessed against the |
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defendant as punishment for the offense. An order of deferral under |
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this subsection terminates any liability under a bail bond or an |
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appearance bond given for the charge. |
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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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(c) On determining that the defendant has complied with the |
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requirements imposed by the judge under this article, the judge |
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shall dismiss the complaint, and it shall be clearly noted in the |
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docket that the complaint is dismissed and that there is not a final |
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conviction. [If the complaint is dismissed, a special expense not
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to exceed the amount of the fine assessed may be imposed.] |
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(d-2) A special expense fee imposed under Subsection (a) may |
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be collected at any time during the deferral period. The amount |
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collected shall be credited toward the amount of any fine imposed |
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under Subsection (d) or (d-1). |
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SECTION 2. The change in law made by this Act applies to a |
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defendant who receives a grant of deferred disposition under |
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Article 45.051, Code of Criminal Procedure, on or after the |
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effective date of this Act, regardless of when the defendant |
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committed the offense for which the defendant receives the grant of |
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deferred disposition. |
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SECTION 3. This Act takes effect September 1, 2009. |