| 1 | 1 | | 81R3019 KEL-D |
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| 2 | 2 | | By: Carona S.B. No. 412 |
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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 placement of a defendant on deferred disposition in |
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| 8 | 8 | | a justice or municipal court. |
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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(a) and (b), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (a) On a plea of guilty or nolo contendere by a defendant or |
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| 13 | 13 | | on a finding of guilt in a misdemeanor case punishable by fine only |
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| 14 | 14 | | and payment of all court costs, the judge may[, at the judge's |
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| 15 | 15 | | discretion,] defer further proceedings without entering an |
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| 16 | 16 | | adjudication of guilt and place the defendant on probation for a |
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| 17 | 17 | | period not to exceed 180 days. An order of deferral under this |
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| 18 | 18 | | subsection terminates any liability under a bail bond or an |
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| 19 | 19 | | appearance bond given for the charge. |
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| 20 | 20 | | (b) During the deferral period, the judge may[, at the |
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| 21 | 21 | | judge's discretion,] require the defendant to: |
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| 22 | 22 | | (1) [post a bond] in the amount of the fine assessed, |
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| 23 | 23 | | post a bond to secure payment of any [the] fine or special expense |
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| 24 | 24 | | that could be imposed under this article; |
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| 25 | 25 | | (2) pay restitution to the victim of the offense in an |
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| 26 | 26 | | amount not to exceed the fine assessed; |
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| 27 | 27 | | (3) submit to professional counseling; |
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| 28 | 28 | | (4) submit to diagnostic testing for alcohol or a |
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| 29 | 29 | | controlled substance or drug; |
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| 30 | 30 | | (5) submit to a psychosocial assessment; |
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| 31 | 31 | | (6) participate in an alcohol or drug abuse treatment |
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| 32 | 32 | | or education program; |
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| 33 | 33 | | (7) pay the costs of any diagnostic testing, |
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| 34 | 34 | | psychosocial assessment, or participation in a treatment or |
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| 35 | 35 | | education program either directly or through the court as court |
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| 36 | 36 | | costs; |
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| 37 | 37 | | (8) complete a driving safety course approved under |
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| 38 | 38 | | Chapter 1001, Education Code, or another course as directed by the |
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| 39 | 39 | | judge; |
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| 40 | 40 | | (9) present to the court satisfactory evidence that |
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| 41 | 41 | | the defendant has complied with each requirement imposed by the |
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| 42 | 42 | | judge under this article; and |
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| 43 | 43 | | (10) comply with any other reasonable condition. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies to a |
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| 45 | 45 | | defendant who, on or after the effective date of this Act, receives |
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| 46 | 46 | | a grant of deferred disposition under Article 45.051, Code of |
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| 47 | 47 | | Criminal Procedure, as amended by this Act, regardless of when the |
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| 48 | 48 | | defendant committed the offense for which the defendant receives |
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| 49 | 49 | | the grant of deferred disposition. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2009. |
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