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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of a defendant on deferred disposition in |
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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. Articles 45.051(a) and (b), Code of Criminal |
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Procedure, are amended 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. An order of deferral under this |
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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, |
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post a bond to secure payment of any [the] fine or special expense |
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that could be imposed under this article; |
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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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SECTION 2. The change in law made by this Act applies to a |
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defendant who, on or after the effective date of this Act, receives |
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a grant of deferred disposition under Article 45.051, Code of |
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Criminal Procedure, as amended by this Act, regardless of when the |
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defendant committed the offense for which the defendant receives |
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the grant of deferred disposition. |
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SECTION 3. This Act takes effect September 1, 2009. |