| 1 | 1 | | 81R3066 JD-D |
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| 2 | 2 | | By: Carona S.B. No. 365 |
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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 the suspension of sentence and deferral of final |
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| 8 | 8 | | disposition in certain misdemeanor cases. |
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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. Articles 45.051(b) and (c), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (b) During the deferral period, the judge: |
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| 13 | 13 | | (1) shall [may, at the judge's discretion,] require |
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| 14 | 14 | | the defendant to[: |
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| 15 | 15 | | [(1)] post a bond in the amount of the fine assessed to |
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| 16 | 16 | | secure payment of any [the] fine or special expense that could be |
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| 17 | 17 | | imposed under this article; and |
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| 18 | 18 | | (2) may require the defendant to: |
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| 19 | 19 | | (A) pay restitution to the victim of the offense |
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| 20 | 20 | | in an amount not to exceed the fine assessed; |
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| 21 | 21 | | (B) [(3)] submit to professional counseling; |
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| 22 | 22 | | (C) [(4)] submit to diagnostic testing for |
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| 23 | 23 | | alcohol or a controlled substance or drug; |
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| 24 | 24 | | (D) [(5)] submit to a psychosocial assessment; |
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| 25 | 25 | | (E) [(6)] participate in an alcohol or drug abuse |
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| 26 | 26 | | treatment or education program; |
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| 27 | 27 | | (F) [(7)] pay the costs of any diagnostic |
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| 28 | 28 | | testing, psychosocial assessment, or participation in a treatment |
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| 29 | 29 | | or education program either directly or through the court as court |
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| 30 | 30 | | costs; |
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| 31 | 31 | | (G) [(8)] complete a driving safety course |
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| 32 | 32 | | approved under Chapter 1001, Education Code, or another course as |
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| 33 | 33 | | directed by the judge; |
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| 34 | 34 | | (H) [(9)] present to the court satisfactory |
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| 35 | 35 | | evidence that the defendant has complied with each requirement |
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| 36 | 36 | | imposed by the judge under this article; and |
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| 37 | 37 | | (I) [(10)] comply with any other reasonable |
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| 38 | 38 | | condition. |
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| 39 | 39 | | (c) On determining that the defendant has complied with the |
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| 40 | 40 | | requirements imposed by the judge under this article, the judge |
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| 41 | 41 | | shall dismiss the complaint, and it shall be clearly noted in the |
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| 42 | 42 | | docket that the complaint is dismissed and that there is not a final |
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| 43 | 43 | | conviction. If the complaint is dismissed, a special expense equal |
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| 44 | 44 | | to [not to exceed] the amount of the fine assessed shall [may] be |
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| 45 | 45 | | imposed. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act to Article |
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| 47 | 47 | | 45.051, Code of Criminal Procedure, applies only to an offense |
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| 48 | 48 | | committed on or after the effective date of this Act. An offense |
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| 49 | 49 | | committed before the effective date of this Act is covered by the |
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| 50 | 50 | | law in effect immediately before the effective date of this Act, and |
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| 51 | 51 | | the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2009. |
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