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