SECTION 13. 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;
[and]
(3) [(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 or
motorcycle operator training 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) 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 [(q) 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 14. The following laws are repealed:
(1) Section 543.101, Transportation Code;
(2) Section 543.117, Transportation Code; and
(3) Section 601.022, Transportation Code.
SECTION 15. (a) Except as provided by Subsection (c)
of this section, this Act takes effect September 1,
2003.
(b) Articles 45.051 and 45.0511, Code of Criminal Procedure,
as amended by this Act, apply only to an offense committed
on or after September 1, 2003. An offense committed
before September 1, 2003, is covered by Articles 45.051
and 45.0511 of that code as those laws existed on the
date the offense was committed, and the former law
is continued in effect for that purpose.
(c) Sections 6, 7, and 8 of this Act take effect June
1, 2005. Sections 522.081 and 522.087, Transportation
Code, as amended by those sections, apply only to conduct
that is engaged in or to an offense that is committed
on or after June 1, 2005. Conduct that is engaged
in or an offense committed before June 1, 2005, is
governed by Sections 522.081 and 522.087, Transportation
Code, as those sections existed immediately before
that date, and the former law is continued in effect
for that purpose.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1904 passed the Senate
on May 1, 2003, by the following vote: Yeas 31, Nays
0; and that the Senate concurred in House amendment
on May 30, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1904 passed the House,
with amendment, on May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor