HBA-EDN S.B. 730 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 730 By: Harris Criminal Jurisprudence 4/30/2001 Engrossed BACKGROUND AND PURPOSE During the 76th Legislature, legislation was enacted to merge the laws governing dismissal of traffic tickets. Previously, the laws have been divided between the Transportation Code and the Code of Criminal Procedure, and some of the provisions were in conflict. Two separate bills were drafted to merge these laws and place them in the Code of Criminal Procedure. However, these two bills created some problems, such as blurring the lines between deferred disposition and driving safety dismissals, and commercial drivers being inadvertently excluded from the driving safety program. Senate Bill 730 streamlines procedures, eliminates ambiguities, restores commercial drivers' rights to driving safety dismissal, and makes a clear distinction between deferred disposition and a driving safety dismissal. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 730 amends the Code of Criminal Procedure to modify provisions relating to the suspension of sentence and the deferral of adjudication in cases involving certain misdemeanor traffic offenses. The bill authorizes a judge, at the judge's discretion, to require a defendant to whom the judge has granted a deferral period to complete during the deferral period a driving safety course approved under the Texas Driver and Traffic Safety Education Act or another course as directed by the judge. The bill provides that a defendant must present to the court satisfactory evidence that the defendant has complied with the requirements imposed by the judge before the conclusion of the deferral period and requires the judge to dismiss the complaint if such satisfactory evidence is timely presented to the court. The bill deletes the provision authorizing a justice to proceed with an adjudication of guilt if the defendant fails to timely present satisfactory evidence of completing the requirements. These provisions do not apply to an offense committed in a construction or maintenance work zone or to an offense involving the operation of a commercial motor vehicle or committed by a person who holds a commercial drivers' license (Art. 45.051). S.B. 730 provides that for certain offenses that are within the jurisdiction of a justice or municipal court and that involve the operation of a motor vehicle, the judge 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 a designated state agency 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 verifying that the defendant was not taking a driving safety course or motorcycle operator training course, as applicable, on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. The bill requires a defendant who fails to comply with these requirements to appear to show cause why the evidence was not timely submitted to the court. If a defendant fails to appear or does not show good cause, the court is required to enter an adjudication of guilt and impose sentence. The bill authorizes the court to require a defendant requesting a driving safety course or motorcycle operator training course to pay, in addition to court costs and other fees authorized by law, an administrative fee not to exceed $10 or a fee set by the court not to exceed the maximum amount of the fine for the offense committed by the defendant. The bill provides that the right to complete a driving safety course or motorcycle operator training course does not apply to a defendant charged with certain violations. The bill provides that a notice to appear issued for an applicable offense 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 such right. These provisions do not apply to an offense involving the operation of a commercial motor vehicle or committed by a person who holds a commercial driver's license (Art. 45.0511). The bill amends the Transportation Code to provide that these provisions do not apply to an offense of disobeying warning signs in a construction or maintenance zone when workers are present (Sec. 472.022). S.B. 730 repeals provisions in the Code of Criminal Procedure relating to deferred disposition procedures applicable to a traffic offense, statement of right provided on notice to appear, and an offense in construction or maintenance work zone (SECTION 4). EFFECTIVE DATE September 1, 2001.