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Amend CSHB 3588 by adding the following ARTICLES and SECTIONS
to read as follows and renumbering existing ARTICLES accordingly:
ARTICLE ___. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
DISPOSITION OF CERTAIN OFFENSES
SECTION ___.01. Article 45.051, Code of Criminal Procedure,
is amended to read as follows:
Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
DISPOSITION. (a) On a plea of guilty or nolo contendere by a
defendant or on a finding of guilt in a misdemeanor case punishable
by fine only and payment of all court costs, the judge [justice]
may, at the judge's discretion, defer further proceedings without
entering an adjudication of guilt and place the defendant on
probation for a period not to exceed 180 days. An order of deferral
under this subsection terminates any liability under a bail bond or
an appearance bond given for the charge.
(b) During the deferral period, the judge [justice] may, at
the judge's discretion, require the defendant to:
(1) post a bond in the amount of the fine assessed to
secure payment of the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) participate in an alcohol or drug abuse treatment
or education program;
(7) pay the costs of any diagnostic testing,
psychosocial assessment, or participation in a treatment or
education program either directly or through the court as court
costs; [and]
(8) complete a driving safety course approved under
the Texas Driver and Traffic Safety Education Act (Article
4413(29c), Vernon's Texas Civil Statutes) or another course as
directed by the judge;
(9) present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this article; and
(10) comply with any other reasonable condition.
(c) On determining that [At the conclusion of the deferral
period, if] the defendant [presents satisfactory evidence that he]
has complied with the requirements imposed by the judge under this
article, the judge [justice] shall dismiss the complaint, and it
shall be clearly noted in the docket that the complaint is dismissed
and that there is not a final conviction. [Otherwise, the justice
may proceed with an adjudication of guilt. After an adjudication of
guilt, the justice may reduce the fine assessed or may then impose
the fine assessed, less any portion of the assessed fine that has
been paid.] If the complaint is dismissed, a special expense not to
exceed the amount of the fine assessed may be imposed. Other than
an offense under Section 545.413, Transportation Code, this
subsection does not apply to an offense involving the operation of a
motor vehicle.
(c-1) This subsection applies only to an offense involving
the operation of a motor vehicle, other than an offense under
Section 545.413, Transportation Code. At the conclusion of the
deferral period, if the defendant presents satisfactory evidence
that the defendant has complied with the requirements imposed, the
justice shall proceed with an adjudication of guilt but may not
impose the fine assessed or a reduced fine.
(d) If by [at] the conclusion of the deferral period the
defendant does not present satisfactory evidence that the defendant
complied with the requirements imposed, the judge [justice] may
impose the fine assessed or impose a lesser fine. The imposition of
the fine or lesser fine constitutes a final conviction of the
defendant.
(e) Records relating to a complaint dismissed as provided by
this article may be expunged under Article 55.01 [of this code]. If
a complaint is dismissed under this article, there is not a final
conviction and the complaint may not be used against the person for
any purpose.
(f) This article does not apply to:
(1) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies; or
(2) a traffic offense committed by a person who holds a
commercial driver's license.
SECTION ___.02. Article 45.0511, Code of Criminal Procedure,
is amended to read as follows:
Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
TRAFFIC OFFENSES]. (a) This article applies only to an alleged
offense that:
(1) is within the jurisdiction of a justice court or a
municipal court;
(2) involves [involving] the operation of a motor
vehicle; and
(3) is [other than a commercial motor vehicle, as]
defined by:
(A) Section 472.022 [522.003], Transportation
Code;
(B) Subtitle C, Title 7, Transportation Code; or
(C) Section 729.001(a)(3), Transportation Code[,
and supplements Article 45.051].
(b) The judge [During the deferral period under Article
45.051, the justice:
[(1)] 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 the designated state agency under
Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this article;
(2) [deferred disposition and] the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as appropriate, within the [preceding] 12 months
preceding the date of the offense;
(3) [and
[(2) may require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency if the defendant has completed an approved driving safety
course within the preceding 12 months.
[(c) Subsection (b)(1) applies only if:
[(1)] the defendant [person] enters a plea under
Article 45.021 in person or in writing of no contest or guilty on or
[and,] before the answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a [an oral or written] request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(4) [(2) the court enters judgment on the person's plea
of no contest or guilty at the time the plea is made but defers
imposition of the judgment for 180 days;
[(3)] the defendant [person] has a valid Texas driver's
license or permit;
(5) [(4)] the defendant [person] is charged with an
offense to which this article applies, other than speeding 25 miles
per hour or more over the posted speed limit; and
(6) [(5)] the defendant [person] provides evidence of
financial responsibility as required by Chapter 601,
Transportation Code[;
[(6) the defendant's driving record as maintained by
the Texas Department of Public Safety shows the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as appropriate, within the 12 months preceding the
date of the offense; and
[(7) the defendant files an affidavit with the court
stating that the person is not taking a course under this section
and has not completed a course that is not shown on the person's
driving record within the 12 months preceding the date of the
offense].
(c) The court shall enter 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 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) the defendant's driving record as maintained by
the Department of Public Safety showing that the defendant had not
completed an approved driving safety course or motorcycle operator
training course, as applicable, within the 12 months preceding the
date of the offense; and
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the 12 months
preceding the date of the offense.
(d) Notwithstanding Subsections (b)(2) and (3), [Subsection
(c)(1), on a written motion submitted to the court] before the final
disposition of the case, the court may grant a request to take a
driving safety course or a motorcycle operator training course
under this article.
(e) A request to take a driving safety course made at or
before the time and at the place at which a defendant [person] is
required to appear in court is an appearance in compliance with the
defendant's [person's] promise to appear.
(f) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
[The] court may:
(1) require a defendant [person] requesting a [driving
safety] course under Subsection (b) to pay an administrative [a]
fee set by the court to cover the cost of administering this article
at an amount of not more than $10; or
(2) require a defendant requesting a course under
Subsection (d) to pay a fee set by the court at an amount not to
exceed the maximum amount of the fine for the offense committed by
the defendant[, including any other fee authorized by statute or
municipal ordinance, to cover the cost of administering this
article].
(g) A defendant [person] who requests but does not take a
course is not entitled to a refund of the fee.
(h) Fees collected by a municipal court shall be deposited
in the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located.
(i) If a defendant [person] requesting a [driving safety]
course under this article fails to comply with Subsection (c)
[furnish evidence of the successful completion of the course to the
court], the court shall:
(1) notify the defendant [person] in writing, mailed
to the address on file with the court or appearing on the notice to
appear, of that failure; and
(2) require the defendant [person] to appear at the
time and place stated in the notice to show cause why the evidence
was not timely submitted to the court.
(j) If the defendant [A person who] fails to appear at the
time and place stated in the notice under Subsection (i), or appears
at the time and place stated in the notice but does not show good
cause for the defendant's failure to comply with Subsection (c),
the court shall enter an adjudication of guilt and impose sentence
[commits a misdemeanor punishable as provided by Section 543.009,
Transportation Code].
(k) On a defendant's [person's] showing of good cause for
failure to furnish evidence to the court, the court may allow an
extension of time during which the defendant [person] may present:
(1) a uniform certificate of course completion as
evidence that the defendant [person] successfully completed the
driving safety course; or
(2) a verification of course completion as evidence
that the defendant successfully completed the motorcycle operator
training course.
(l) When a defendant [person] complies with Subsection (c)
[(b) and a uniform certificate of course completion is accepted by
the court], the court shall:
(1) proceed with an adjudication of guilt, but may not
impose the fine assessed or a reduced fine [remove the judgment and
dismiss the charge];
(2) report the fact that the defendant [person]
successfully completed a driving safety course or a motorcycle
operator training course and the date of completion to the Texas
Department of Public Safety for inclusion in the person's driving
record; and
(3) state in that [this] report whether the course was
taken under [the procedure provided by] this article to provide
information necessary to determine eligibility to take a subsequent
course under Subsection (b).
(m) If the defendant is charged with more than one offense,
the defendant may complete a driving safety course in connection
with only one of the charges [The court may dismiss only one charge
for each completion of a course].
(n) [A charge that is dismissed under this article may not
be part of a person's driving record or used for any purpose.]
[(o)] An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the court
proceeded with an adjudication of guilt under Subsection(l)(1) or
because the insured completed a driving safety course or a
motorcycle operator training course, [or had a charge dismissed]
under this article.
(o) [(p)] The court shall advise a defendant [person]
charged with a misdemeanor under Section 472.022, Transportation
Code, Subtitle C, Title 7, Transportation Code, or Section
729.001(a)(3), Transportation Code, committed while operating a
motor vehicle of the defendant's [person's] right under this
article to successfully complete a driving safety course or, if the
offense was committed while operating a motorcycle, a motorcycle
operator training course. The right to complete a course does not
apply to a defendant [person] charged with:
(1) a violation of Section 545.066, [545.401,
545.421,] 550.022, or 550.023, Transportation Code; or
(2) an offense to which [serious traffic violation as
defined by] Section 542.404 or 729.004(b) [522.003],
Transportation Code, applies.
(p)[(q)] A notice to appear issued for an offense to which
this article applies must inform a defendant charged with an
offense under Section 472.022, Transportation Code, an offense
under Subtitle C, Title 7, Transportation Code, or an offense under
Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle of the defendant's right to complete a
driving safety course or, if the offense was committed while
operating a motorcycle, of the defendant's right to complete a
motorcycle operator training course. The notice required by this
subsection must read substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course or a motorcycle
operator training course. You will lose that right if, on or before
your appearance date, you do not provide the court with notice of
your request to take the course."
(q) If the notice required by Subsection (p) is not provided
to the defendant charged with the offense, the defendant may
continue to exercise the defendant's right to take a driving safety
course or a motorcycle operator training course until the notice
required by Subsection (p) is provided to the defendant or there is
a final disposition of the case.
(r) This article does not apply to an offense committed by a
person who holds a commercial driver's license.
(s) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
[Nothing in this article shall prevent a court from assessing a
special expense for deferred disposition in the same manner as
provided by Article 45.051. For a deferred disposition under
Subsection (b)(1), the court may only collect a fee of not more than
$10 in addition to any applicable court cost.]
SECTION ___.03. Subsection (f), Section 472.022,
Transportation Code, is amended to read as follows:
(f) Articles 45.051 and 45.0511 [Article 45.54], Code of
Criminal Procedure, do [does] not apply to an offense under this
section committed in a construction or maintenance work zone when
workers are present.
SECTION ___.04. The following laws are repealed:
(1) Section 543.101, Transportation Code; and
(2) Section 543.117, Transportation Code.
SECTION ___.05. (a) This article takes effect September 1,
2003.
(b) Articles 45.051 and 45.0511, Code of Criminal
Procedure, as amended by this article, apply only to an offense
committed on or after September 1, 2003.
(c) An offense committed before September 1, 2003, is
covered by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.
ARTICLE ___. DRIVER'S LICENSES
SECTION ___.01. Section 521.292, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) For purposes of Subsections (a)(3), (7), or (9), and
(b), an adjudication of guilt under Article 45.051(c-1), Code of
Criminal Procedure, is not a conviction.
ARTICLE __. COMMERCIAL DRIVER'S LICENSES
SECTION __.01. Section 522.003(25), Transportation Code, is
amended to read as follows:
(25) "Serious traffic violation" means:
(A) a conviction arising from the driving of a
[commercial] motor vehicle, other than a parking, vehicle weight,
or vehicle defect violation, for:
(i) [(A)] excessive speeding, involving a
single charge of driving 15 miles per hour or more above the posted
speed limit;
(ii) [(B)] reckless driving, as defined by
state or local law;
(iii) [(C)] a violation of a state or local
law related to motor vehicle traffic control, including a law
regulating the operation of vehicles on highways, arising in
connection with a fatal accident;
(iv) [(D)] improper or erratic traffic lane
change;
(v) [(E)] following the vehicle ahead too
closely; or
(vi) [(F) operating] a [commercial motor
vehicle in] violation of Section 522.011; or
(B) a violation of Section [or] 522.015.
SECTION __.02. Section 522.081, Transportation Code, is
amended to read as follows:
Sec. 522.081. DISQUALIFICATION. (a) This subsection
applies [only] to a violation committed while operating any motor
vehicle, including a commercial motor vehicle. A person who holds a
commercial driver's license is disqualified from driving a
commercial motor vehicle for:
(1) 60 days if convicted of:
(A) two serious traffic violations that occur
within a three-year period; or
(B) one violation of a law that regulates the
operation of a motor vehicle at a railroad grade crossing; or
(2) 120 days if convicted of:
(A) three serious traffic violations arising
from separate incidents occurring within a three-year period; or
(B) two violations of a law that regulates the
operation of a motor vehicle at a railroad grade crossing that occur
within a three-year period[; or
[(3) one year if convicted of three violations of a law
that regulates the operation of a motor vehicle at a railroad grade
crossing that occur within a three-year period].
(b) This subsection applies to a violation committed while
operating any motor vehicle, including a commercial motor vehicle,
except as provided by this subsection. A person who holds a
commercial driver's license is disqualified from driving a
commercial motor vehicle for one year:
(1) if convicted of three violations of a law that
regulates the operation of a motor vehicle at a railroad grade
crossing that occur within a three-year period;
(2) on first conviction of:
(A) [(1)] driving a [commercial] motor vehicle
under the influence of alcohol or a controlled substance, including
a violation of Section 49.04 or 49.07, Penal Code;
(B) [(2) driving a commercial motor vehicle while
the person's alcohol concentration was 0.04 or more;
[(3) intentionally] leaving the scene of an accident
involving a [commercial] motor vehicle driven by the person;
(C) [(4)] using a [commercial] motor vehicle in
the commission of a felony, other than a felony described by
Subsection (d)(2);
(D) [(5) refusing to submit to a test to determine
the person's alcohol concentration or the presence in the person's
body of a controlled substance or drug while driving a commercial
motor vehicle;
[(6)] causing the death of another person through the
negligent or criminal operation of a [commercial] motor vehicle; or
(E) [(7)] driving a commercial motor vehicle
while the person's commercial driver's license is revoked,
suspended, or canceled, or while the person is disqualified from
driving a commercial motor vehicle, for an action or conduct that
occurred while operating a commercial motor vehicle;
(3) for refusing to submit to a test under Chapter 724
to determine the person's alcohol concentration or the presence in
the person's body of a controlled substance or drug while operating
a motor vehicle in a public place; or
(4) if an analysis of the person's blood, breath, or
urine under Chapter 724 determines that the person:
(A) had an alcohol concentration of 0.04 or more,
or that a controlled substance or drug was present in the person's
body, while operating a commercial motor vehicle in a public place;
or
(B) had an alcohol concentration of 0.08 or more
while operating a motor vehicle, other than a commercial motor
vehicle, in a public place.
(c) A person who holds a commercial driver's license is
disqualified from operating a commercial motor vehicle for three
years if:
(1) the person:
(A) is convicted of an offense [If a violation]
listed in Subsection (b)(2) and the vehicle being operated by the
person was transporting a hazardous material required to be
placarded; or
(B) refuses to submit to a test under Chapter 724
to determine the person's alcohol concentration or the presence in
the person's body of a controlled substance or drug while operating
a motor vehicle in a public place and the vehicle being operated by
the person was transporting a hazardous material required to be
placarded; or
(2) an analysis of the person's blood, breath, or urine
under Chapter 724 determines that while transporting a hazardous
material required to be placarded the person:
(A) while operating a commercial motor vehicle in
a public place had an alcohol concentration of 0.04 or more, or a
controlled substance or drug present in the person's body; or
(B) while operating a motor vehicle, other than a
commercial motor vehicle, in a public place had an alcohol
concentration of 0.08 or more [(b) occurred while the person was
transporting a hazardous material required to be placarded, the
person is disqualified for three years].
(d) A person is disqualified from driving a commercial motor
vehicle for life:
(1) if the person [:
[(1)] is convicted [of] two or more times [violations]
of an offense specified by Subsection (b)(2) [(b)], or a
combination of those offenses, arising from two or more separate
incidents; [or]
(2) if the person uses a [commercial] motor vehicle in
the commission of a felony involving:
(A) the manufacture, distribution, or dispensing
of a controlled substance; or
(B) possession with intent to manufacture,
distribute, or dispense a controlled substance; or
(3) for any combination of two or more of the
following, arising from two or more separate incidents:
(A) a conviction of the person for an offense
described by Subsection (b)(2);
(B) a refusal by the person described by
Subsection (b)(3); and
(C) an analysis of the person's blood, breath, or
urine described by Subsection (b)(4).
(e) A person may not be issued a commercial driver's license
if, in connection with the person's operation of a commercial motor
vehicle, the person commits an offense or engages in conduct that
would disqualify the holder of a commercial driver's license from
operating a commercial motor vehicle, or is determined to have had
an alcohol concentration of 0.04 or more or to have had a controlled
substance or drug present in the person's body. The period of
prohibition under this subsection is equal to the appropriate
period of disqualification required by Subsections (a)-(d).
(f) In this section, "felony" means an offense under state or
federal law that is punishable by death or imprisonment for a term
of more than one year.
SECTION __.03. Section 522.087, Transportation Code, is
amended to read as follows:
Sec. 522.087. PROCEDURES APPLICABLE TO DISQUALIFICATION.
(a) A person is automatically disqualified under Section
522.081(a)(1)(B), Section 522.081(b)(2) [522.081(b)(1), (3), (4),
(6), or (7)], or Section 522.081(d)(2). An appeal may not be taken
from the disqualification.
(b) Disqualifying a person under Section 522.081(a), other
than under Subdivision (1)(B) of that subsection, Section
522.081(b)(1), or Section 522.081(d)(1) or (3) is subject to the
notice and hearing procedures of Sections 521.295-521.303. An
appeal of the disqualification is subject to Section 521.308.
SECTION __.04. (a) This article takes effect September 1,
2003.
(b) Sections 522.081 and 522.087, Transportation Code, as
amended by this article, apply only to conduct that is engaged in or
to an offense that is committed on or after the effective date of
this article. Conduct that is engaged in or an offense committed
before the effective date of this article is governed by Sections
522.081 and 522.087, Transportation Code, as those sections existed
immediately before the effective date of this article, and the
former law is continued in effect for that purpose.