81R10080 KEL-F
By: Gallego H.B. No. 3585
A BILL TO BE ENTITLED
AN ACT
relating to the payment of a special expense fee on a grant of
deferred disposition in a justice or municipal court.
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 (a), (b), and (c) and adding
Subsection (d-2) to read as follows:
(a) On a plea of guilty or nolo contendere by a defendant or
on a finding of guilt in a misdemeanor case punishable by fine only
and payment of all court costs, the judge may[, at the judge's
discretion,] defer further proceedings without entering an
adjudication of guilt and place the defendant on probation for a
period not to exceed 180 days and, in issuing the order of deferral,
may impose a special expense fee in an amount not to exceed the
maximum amount of the fine that could be assessed against the
defendant as punishment for the offense. An order of deferral under
this subsection terminates any liability under a bail bond or an
appearance bond given for the charge.
(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, 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.
(c) On determining that the defendant has complied with the
requirements imposed by the judge under this article, the judge
shall dismiss the complaint, and it shall be clearly noted in the
docket that the complaint is dismissed and that there is not a final
conviction. [If the complaint is dismissed, a special expense not
to exceed the amount of the fine assessed may be imposed.]
(d-2) A special expense fee imposed under Subsection (a) may
be collected at any time during the deferral period. The amount
collected shall be credited toward the amount of any fine imposed
under Subsection (d) or (d-1).
SECTION 2. The change in law made by this Act applies to a
defendant who receives a grant of deferred disposition under
Article 45.051, Code of Criminal Procedure, on or after the
effective date of this Act, regardless of when the defendant
committed the offense for which the defendant receives the grant of
deferred disposition.
SECTION 3. This Act takes effect September 1, 2009.