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AN ACT
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relating to eligibility for dismissal of certain speeding charges |
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on completion of a driving safety course. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.0511(b) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) The judge shall require the defendant to successfully |
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complete a driving safety course approved by the Texas Education |
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Agency or a course under the motorcycle operator training and |
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safety program approved by the designated state agency under |
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Chapter 662, Transportation Code, if: |
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(1) the defendant elects driving safety course or |
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motorcycle operator training course dismissal under this article; |
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(2) the defendant: |
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(A) has not completed an approved driving safety |
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course or motorcycle operator training course, as appropriate, |
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within the 12 months preceding the date of the offense; or |
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(B) does not have a valid Texas driver's license |
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or permit, is a member, or the spouse or dependent child of a |
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member, of the United States military forces serving on active |
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duty, and has not completed a driving safety course or motorcycle |
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operator training course, as appropriate, in another state within |
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the 12 months preceding the date of the offense; |
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(3) the defendant enters a plea under Article 45.021 |
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in person or in writing of no contest or guilty on or before the |
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answer date on the notice to appear and: |
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(A) presents in person or by counsel to the court |
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a request to take a course; or |
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(B) sends to the court by certified mail, return |
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receipt requested, postmarked on or before the answer date on the |
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notice to appear, a written request to take a course; |
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(4) the defendant: |
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(A) has a valid Texas driver's license or permit; |
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or |
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(B) is a member, or the spouse or dependent child |
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of a member, of the United States military forces serving on active |
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duty; |
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(5) the defendant is charged with an offense to which |
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this article applies, other than speeding at a speed of: |
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(A) 95 miles per hour or more; or |
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(B) 25 miles per hour or more over the posted |
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speed limit; and |
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(6) the defendant provides evidence of financial |
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responsibility as required by Chapter 601, Transportation Code. |
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(c) The court shall enter judgment on the defendant's plea |
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of no contest or guilty at the time the plea is made, defer |
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imposition of the judgment, and allow the defendant 90 days to |
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successfully complete the approved driving safety course or |
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motorcycle operator training course and present to the court: |
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(1) a uniform certificate of completion of the driving |
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safety course or a verification of completion of the motorcycle |
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operator training course; |
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(2) unless the judge proceeds under Subsection (c-1), |
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the defendant's driving record as maintained by the Department of |
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Public Safety, if any, showing that the defendant had not completed |
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an approved driving safety course or motorcycle operator training |
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course, as applicable, within the 12 months preceding the date of |
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the offense; |
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(3) an affidavit stating that the defendant was not |
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taking a driving safety course or motorcycle operator training |
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course, as applicable, under this article on the date the request to |
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take the course was made and had not completed such a course that is |
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not shown on the defendant's driving record within the 12 months |
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preceding the date of the offense; and |
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(4) if the defendant does not have a valid Texas |
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driver's license or permit and is a member, or the spouse or |
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dependent child of a member, of the United States military forces |
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serving on active duty, an affidavit stating that the defendant was |
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not taking a driving safety course or motorcycle operator training |
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course, as appropriate, in another state on the date the request to |
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take the course was made and had not completed such a course within |
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the 12 months preceding the date of the offense. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 586 was passed by the House on May 11, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 586 on May 25, 2007, by the following vote: Yeas 140, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 586 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |