Enrolled Bill Summary

            Senate Bill 730 amends the Transportation Code and the Code of Criminal Procedure to require a peace officer, except under certain circumstances, to issue a citation that contains a written notice to appear before a magistrate, instead of taking a person before the magistrate, if the person is charged with a traffic offense that is a Class C misdemeanor and the person displays an unexpired driver's license, permit, or personal identification certificate. The bill provides that a notice to appear issued for certain traffic offenses 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 that right.

            The bill authorizes a judge at the judge's discretion and during the deferral period to require a defendant to complete a driving safety course or another course as directed by the judge. The bill also provides that, for certain offenses that are within the jurisdiction of a justice or municipal court that involve the operation of a motor vehicle, the judge shall require the defendant to successfully complete a driving safety course or a course under the motorcycle operator training and safety program 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. If a defendant fails to appear or does not show good cause for the defendant's failure to comply with these requirements, the court is required to enter an adjudication of guilt and impose sentence.

            These provisions do not apply to an offense committed in a construction or maintenance work zone when workers are present or to a person who holds a commercial driver's license and commits certain violations.