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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of sentence and deferral of final |
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disposition in certain misdemeanor cases. |
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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 (c), 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: |
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(1) shall [may, at the judge's discretion,] require |
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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 any [the] fine or special expense that could be |
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imposed under this article; and |
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(2) may require the defendant to: |
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(A) pay restitution to the victim of the offense |
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in an amount not to exceed the fine assessed; |
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(B) [(3)] submit to professional counseling; |
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(C) [(4)] submit to diagnostic testing for |
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alcohol or a controlled substance or drug; |
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(D) [(5)] submit to a psychosocial assessment; |
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(E) [(6)] participate in an alcohol or drug abuse |
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treatment or education program; |
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(F) [(7)] pay the costs of any diagnostic |
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testing, psychosocial assessment, or participation in a treatment |
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or education program either directly or through the court as court |
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costs; |
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(G) [(8)] complete a driving safety course |
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approved under Chapter 1001, Education Code, or another course as |
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directed by the judge; |
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(H) [(9)] present to the court satisfactory |
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evidence that the defendant has complied with each requirement |
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imposed by the judge under this article; and |
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(I) [(10)] comply with any other reasonable |
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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 equal |
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to [not to exceed] the amount of the fine assessed shall [may] be |
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imposed. |
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SECTION 2. The change in law made by this Act to Article |
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45.051, Code of Criminal Procedure, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |