| 1 | 1 | | 81R11695 JSC-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 4112 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain defendants convicted of traffic |
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| 8 | 8 | | offenses to complete a driver education course. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 45.0512 to read as follows: |
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| 12 | 12 | | Art. 45.0512. DRIVER EDUCATION FOR CERTAIN PERSONS. |
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| 13 | 13 | | (a) This article applies only to a defendant who has previously |
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| 14 | 14 | | been convicted two or more times of an offense involving the |
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| 15 | 15 | | operation of a motor vehicle and commits an offense involving the |
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| 16 | 16 | | operation of a motor vehicle before the fifth anniversary of the |
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| 17 | 17 | | earlier of the dates of the two previous convictions. |
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| 18 | 18 | | (b) The judge may require a defendant described by |
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| 19 | 19 | | Subsection (a) to complete a driver education course approved under |
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| 20 | 20 | | Chapter 1001, Education Code, in addition to any other penalty |
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| 21 | 21 | | authorized by law. |
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| 22 | 22 | | (c) For purposes of this article, an order of deferral under |
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| 23 | 23 | | Article 45.051 or a deferral of the imposition of judgment under |
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| 24 | 24 | | Article 45.0511 is considered a conviction. |
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| 25 | 25 | | (d) The court shall require the defendant to present |
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| 26 | 26 | | evidence that the defendant has completed the driver education |
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| 27 | 27 | | course not later than the 60th day after the date the judgment is |
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| 28 | 28 | | entered. |
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| 29 | 29 | | (e) If the defendant fails to comply with Subsection (d), |
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| 30 | 30 | | the court may hold the defendant in contempt of the court and order |
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| 31 | 31 | | either or both of the following: |
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| 32 | 32 | | (1) that the defendant pay a fine not to exceed $500; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) that the Department of Public Safety suspend the |
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| 35 | 35 | | defendant's driver's license or permit until the defendant fully |
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| 36 | 36 | | complies with any order of the court issued under this article. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 39 | 39 | | An offense committed before the effective date of this Act is |
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| 40 | 40 | | covered by the law in effect immediately before the effective date |
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| 41 | 41 | | of this Act, and the former law is continued in effect for that |
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| 42 | 42 | | purpose. For purposes of this section, an offense was committed |
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| 43 | 43 | | before the effective date of this Act if any element of the offense |
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| 44 | 44 | | occurred before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2009. |
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