Texas 2009 - 81st Regular

Texas House Bill HB3585 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R10080 KEL-F
2	2	By: Gallego H.B. No. 3585
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the payment of a special expense fee on a grant of
8	8	deferred disposition in a justice or municipal court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 45.051, Code of Criminal Procedure, is
11	11	amended by amending Subsections (a), (b), and (c) and adding
12	12	Subsection (d-2) to read as follows:
13	13	(a) On a plea of guilty or nolo contendere by a defendant or
14	14	on a finding of guilt in a misdemeanor case punishable by fine only
15	15	and payment of all court costs, the judge may[, at the judge's
16	16	discretion,] defer further proceedings without entering an
17	17	adjudication of guilt and place the defendant on probation for a
18	18	period not to exceed 180 days and, in issuing the order of deferral,
19	19	may impose a special expense fee in an amount not to exceed the
20	20	maximum amount of the fine that could be assessed against the
21	21	defendant as punishment for the offense. An order of deferral under
22	22	this subsection terminates any liability under a bail bond or an
23	23	appearance bond given for the charge.
24	24	(b) During the deferral period, the judge may[, at the
25	25	judge's discretion,] require the defendant to:
26	26	(1) post a bond in the amount of the fine assessed to
27	27	secure payment of the fine;
28	28	(2) pay restitution to the victim of the offense in an
29	29	amount not to exceed the fine assessed;
30	30	(3) submit to professional counseling;
31	31	(4) submit to diagnostic testing for alcohol or a
32	32	controlled substance or drug;
33	33	(5) submit to a psychosocial assessment;
34	34	(6) participate in an alcohol or drug abuse treatment
35	35	or education program;
36	36	(7) pay the costs of any diagnostic testing,
37	37	psychosocial assessment, or participation in a treatment or
38	38	education program either directly or through the court as court
39	39	costs;
40	40	(8) complete a driving safety course approved under
41	41	Chapter 1001, Education Code, or another course as directed by the
42	42	judge;
43	43	(9) present to the court satisfactory evidence that
44	44	the defendant has complied with each requirement imposed by the
45	45	judge under this article; and
46	46	(10) comply with any other reasonable condition.
47	47	(c) On determining that the defendant has complied with the
48	48	requirements imposed by the judge under this article, the judge
49	49	shall dismiss the complaint, and it shall be clearly noted in the
50	50	docket that the complaint is dismissed and that there is not a final
51	51	conviction. [If the complaint is dismissed, a special expense not
52	52	to exceed the amount of the fine assessed may be imposed.]
53	53	(d-2) A special expense fee imposed under Subsection (a) may
54	54	be collected at any time during the deferral period. The amount
55	55	collected shall be credited toward the amount of any fine imposed
56	56	under Subsection (d) or (d-1).
57	57	SECTION 2. The change in law made by this Act applies to a
58	58	defendant who receives a grant of deferred disposition under
59	59	Article 45.051, Code of Criminal Procedure, on or after the
60	60	effective date of this Act, regardless of when the defendant
61	61	committed the offense for which the defendant receives the grant of
62	62	deferred disposition.
63	63	SECTION 3. This Act takes effect September 1, 2009.