S.B. No. 1005




AN ACT
relating to the suspension of sentence and the deferral of final disposition for a defendant younger than 25 in certain misdemeanor traffic cases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 45.051, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsections (b-1), (b-2), (b-3), and (d-1) to read as follows: (b) During the deferral period, the judge 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; (8) complete a driving safety course approved under Chapter 1001, Education Code, [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. (b-1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation: (1) Subsection (b)(8) does not apply; (2) during the deferral period, the judge shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and (3) if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section 521.161(b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously. (b-2) A person examined as required by Subsection (b-1)(3) must pay a $10 examination fee. (b-3) The fee collected under Subsection (b-2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation Code. (d) If by the conclusion of the deferral period the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge 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. This subsection does not apply to a defendant required under Subsection (b-1) to complete a driving safety course approved under Chapter 1001, Education Code, or an examination under Section 521.161(b)(2), Transportation Code. (d-1) If the defendant was required to complete a driving safety course or an examination under Subsection (b-1) and by the conclusion of the deferral period the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant. SECTION 2. Article 45.0511, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) Except as provided by Subsection (a-1), this [This] article applies only to an alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is defined by: (A) Section 472.022, Transportation Code; (B) Subtitle C, Title 7, Transportation Code; or (C) Section 729.001(a)(3), Transportation Code. (a-1) If the defendant is younger than 25 years of age, this article applies to any alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is classified as a moving violation. SECTION 3. (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 4. This Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 1005 passed the Senate on April 26, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1005 passed the House on May 9, 2005, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor