HBA-EDN S.B. 730 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 730
By: Harris
Criminal Jurisprudence
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

During the 76th Legislature, legislation was enacted to merge the laws
governing dismissal of traffic tickets. Previously, the laws have been
divided between the Transportation Code and the Code of Criminal Procedure,
and some of the provisions were in conflict.  Two separate bills were
drafted to merge these laws and place them  in the Code of Criminal
Procedure.  However, these two bills created some problems, such as
blurring the lines between deferred disposition and driving safety
dismissals, and commercial drivers being inadvertently excluded from the
driving safety program.  Senate Bill 730 streamlines procedures, eliminates
ambiguities, restores commercial drivers' rights to driving safety
dismissal, and makes a clear distinction between deferred disposition and a
driving safety dismissal. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 730 amends the Code of Criminal Procedure to modify provisions
relating to the suspension of sentence and the deferral of adjudication in
cases involving certain misdemeanor traffic offenses.   

The bill authorizes a judge, at the judge's discretion, to require a
defendant to whom the judge has granted a deferral period to complete
during the deferral period a driving safety course approved under the Texas
Driver and Traffic Safety Education Act or another course as directed by
the judge.  The bill provides that a defendant must present to the court
satisfactory evidence that the defendant has complied with the requirements
imposed by the judge before the conclusion of the deferral period and
requires the judge to dismiss the complaint if such satisfactory evidence
is timely presented to the court.  The bill deletes the provision
authorizing a justice to proceed with an adjudication of guilt if the
defendant fails to timely present satisfactory evidence of completing the
requirements.  These provisions do not apply to an offense committed in a
construction or maintenance work zone or to an offense involving the
operation of a commercial motor vehicle or committed by a person who holds
a commercial drivers' license (Art. 45.051).   

S.B. 730 provides that for certain offenses that are within the
jurisdiction of a justice or municipal  court and that involve the
operation of a motor vehicle, 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 a designated state agency if the defendant
performs specified requirements.   The bill requires the court to enter a
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 a
specific amount of time to complete and show proof of completing a driving
safety course or motorcycle operator training course, in addition to other
documentation verifying that the defendant was not taking a driving safety
course or motorcycle operator training course, as applicable, 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.  The bill requires
a defendant who fails to comply with these requirements to appear  to show
cause why the evidence was not timely submitted to the court.  If a
defendant fails to appear or does not show good cause, the court is
required to enter an adjudication of guilt and impose sentence.  The bill
authorizes the court to require a defendant requesting a driving safety
course or motorcycle operator training course to pay, in addition to court
costs and other fees authorized by law, an administrative fee not to exceed
$10 or a fee set by the court not to exceed the maximum amount of the fine
for the offense committed by the defendant.  The bill provides that the
right to complete a driving safety course or motorcycle operator training
course does not apply to a defendant charged with certain violations.  The
bill provides that a notice to appear issued for an applicable offense must
inform a defendant of the right to successfully complete a driving safety
course or a motorcycle operator training course and sets forth provisions
regarding notice of such right.  These provisions do not apply to an
offense involving the operation of a commercial motor vehicle or committed
by a person who holds a commercial driver's license (Art. 45.0511).   

The bill amends the Transportation Code to provide that these provisions do
not apply to an offense of disobeying warning signs in a construction or
maintenance zone when workers are present (Sec. 472.022).  
S.B. 730 repeals provisions in the Code of Criminal Procedure relating to
deferred disposition procedures applicable to a traffic offense, statement
of right provided on notice to appear, and an offense in construction or
maintenance work zone (SECTION 4). 

EFFECTIVE DATE

September 1, 2001.