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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain defendants convicted of traffic |
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offenses to complete a driver education course. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0512 to read as follows: |
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Art. 45.0512. DRIVER EDUCATION FOR CERTAIN PERSONS. |
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(a) This article applies only to a defendant who has previously |
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been convicted two or more times of an offense involving the |
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operation of a motor vehicle and commits an offense involving the |
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operation of a motor vehicle before the fifth anniversary of the |
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earlier of the dates of the two previous convictions. |
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(b) The judge may require a defendant described by |
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Subsection (a) to complete a driver education course approved under |
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Chapter 1001, Education Code, in addition to any other penalty |
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authorized by law. |
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(c) For purposes of this article, an order of deferral under |
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Article 45.051 or a deferral of the imposition of judgment under |
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Article 45.0511 is considered a conviction. |
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(d) The court shall require the defendant to present |
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evidence that the defendant has completed the driver education |
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course not later than the 60th day after the date the judgment is |
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entered. |
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(e) If the defendant fails to comply with Subsection (d), |
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the court may hold the defendant in contempt of the court and order |
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either or both of the following: |
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(1) that the defendant pay a fine not to exceed $500; |
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and |
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(2) that the Department of Public Safety suspend the |
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defendant's driver's license or permit until the defendant fully |
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complies with any order of the court issued under this article. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |