81R3066 JD-D
By: Carona S.B. No. 365
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of sentence and deferral of final
disposition in certain misdemeanor cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.051(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) During the deferral period, the judge:
(1) shall [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 any [the] fine or special expense that could be
imposed under this article; and
(2) may require the defendant to:
(A) pay restitution to the victim of the offense
in an amount not to exceed the fine assessed;
(B) [(3)] submit to professional counseling;
(C) [(4)] submit to diagnostic testing for
alcohol or a controlled substance or drug;
(D) [(5)] submit to a psychosocial assessment;
(E) [(6)] participate in an alcohol or drug abuse
treatment or education program;
(F) [(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;
(G) [(8)] complete a driving safety course
approved under Chapter 1001, Education Code, or another course as
directed by the judge;
(H) [(9)] present to the court satisfactory
evidence that the defendant has complied with each requirement
imposed by the judge under this article; and
(I) [(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 equal
to [not to exceed] the amount of the fine assessed shall [may] be
imposed.
SECTION 2. The change in law made by this Act to Article
45.051, Code of Criminal Procedure, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is covered by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2009.