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H.B. No. 703
AN ACT
relating to the deferral of adjudication in cases involving certain
misdemeanor traffic offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.0511, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(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) unless the judge proceeds under Subsection (c-1),
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.
(c-1) As an alternative to presenting the defendant's
driving record to the court under Subsection (c)(2), the judge, at
the time the defendant requests a driving safety course or
motorcycle operator training course dismissal under this article,
may require the defendant to pay a fee of $10 for a copy of the
driving record and the judge may obtain a copy of the driving record
from the Texas Department of Public Safety. The $10 fee under this
subsection is in addition to any other fee required under this
article. If the defendant's driving record shows that 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, the judge shall allow the
defendant to complete the appropriate course as provided by this
article. The custodian of a municipal or county treasury who
receives fees collected under this subsection shall keep a record
of the fees and, without deduction, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the Texas
Department of Public Safety.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2005.
(b) An offense committed before September 1, 2005, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2005, if
any element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 703 was passed by the House on April
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 703 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor