Texas Code of Criminal Procedure - Article 45.051. Suspension Of Sentence And Deferral Of Final Disposition
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Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
DISPOSITION. (a) On a plea of guilty or nolo contendere by a
defendant or on a finding of guilt in a misdemeanor case punishable
by fine only and payment of all court costs, the judge may, at the
judge's discretion, defer further proceedings without entering an
adjudication of guilt and place the defendant on probation for a
period not to exceed 180 days. An order of deferral under this
subsection terminates any liability under a bail bond or an
appearance bond given for the charge.
(b) During the deferral period, the judge 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 the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a controlled
substance or drug;
(5) submit to a psychosocial assessment;
(6) participate in an alcohol or drug abuse treatment or
education program;
(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;
(8) complete a driving safety course approved under Chapter
1001, Education Code, or another course as directed by the judge;
(9) present to the court satisfactory evidence that the
defendant has complied with each requirement imposed by the judge
under this article; and
(10) comply with any other reasonable condition.
(b-1) If the defendant is younger than 25 years of age and
the offense committed by the defendant is a traffic offense
classified as a moving violation:
(1) Subsection (b)(8) does not apply;
(2) during the deferral period, the judge shall require the
defendant to complete a driving safety course approved under
Chapter 1001, Education Code; and
(3) if the defendant holds a provisional license, during the
deferral period the judge shall require that the defendant be
examined by the Department of Public Safety as required by Section
521.161(b)(2), Transportation Code; a defendant is not exempt from
the examination regardless of whether the defendant was examined
previously.
(b-2) A person examined as required by Subsection (b-1)(3)
must pay a $10 examination fee.
(b-3) The fee collected under Subsection (b-2) must be
deposited to the credit of a special account in the general revenue
fund and may be used only by the Department of Public Safety for the
administration of Chapter 521, Transportation Code.
(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 not to
exceed the amount of the fine assessed may be imposed.
(c-1) Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 8,
Sec. 4.03.
(d) If by the conclusion of the deferral period the
defendant does not present satisfactory evidence that the defendant
complied with the requirements imposed, the judge may impose the
fine assessed or impose a lesser fine. The imposition of the fine
or lesser fine constitutes a final conviction of the defendant.
This subsection does not apply to a defendant required under
Subsection (b-1) to complete a driving safety course approved under
Chapter 1001, Education Code, or an examination under Section
521.161(b)(2), Transportation Code.
(d-1) If the defendant was required to complete a driving
safety course or an examination under Subsection (b-1) and by the
conclusion of the deferral period the defendant does not present
satisfactory evidence that the defendant completed that course or
examination, the judge shall impose the fine assessed. The
imposition of the fine constitutes a final conviction of the
defendant.
(e) Records relating to a complaint dismissed as provided by
this article may be expunged under Article 55.01. If a complaint is
dismissed under this article, there is not a final conviction and
the complaint may not be used against the person for any purpose.
(f) This article does not apply to:
(1) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies; or
Text of subsec. (f)(2) as amended by Acts 2005, 79th Leg., ch. 281,
Sec. 3.01(a)
(2) a violation of a state law or local ordinance relating
to motor vehicle control, other than a parking violation, committed
by a person who holds a commercial driver's license.
Text of subsec. (f)(2) as amended by Acts 2005, 79th Leg., ch. 357,
Sec. 6
(2) a traffic offense committed by a person who:
(A) holds a commercial driver's license; or
(B) held a commercial driver's license when the offense was
committed.
Added by Acts 1981, 67th Leg., p. 894, ch. 318, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1987, 70th Leg., ch. 226, Sec. 1, eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 399, Sec. 1, eff. June 14, 1989.
Subsec. (1) amended by Acts 1991, 72nd Leg., ch. 775, Sec. 19, eff.
Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 835, Sec. 4,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 5.07, eff.
Sept. 1, 1993. Subsec. (3) amended by Acts 1999, 76th Leg., ch.
532, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg.,
ch. 1387, Sec. 1, eff. Sept. 1, 1999. Renumbered from Vernon's
Ann.C.C.P. art. 45.54 and amended by Acts 1999, 76th Leg., ch. 1545,
Sec. 50, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, Sec. 3.002, eff. Sept. 1, 2001; Amended by Acts 2003, 78th
Leg., ch. 991, Sec. 12, eff. Sept. 1, 2003; Amended by Acts 2003,
78th Leg., ch. 1182, Sec. 1, eff. Sept. 1, 2003; Subsec. (c)
amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.01, eff.
Jan. 11, 2004; Subsec. (c-1) amended by Acts 2003, 78th Leg., 3rd
C.S., ch. 8, Sec. 4.03, eff. Jan. 11, 2004; Subsecs. (b), (b-1) to
(b-3) and (d-1) amended by Acts 2005, 79th Leg., ch. 90, Sec. 1,
eff. Sept. 1, 2005; Subsec. (f)(2) amended by Acts 2005, 79th Leg.,
ch. 281, Sec. 3.01(a), eff. June 14, 2005; Subsec. (f)(2) amended
by Acts 2005, 79th Leg., ch. 357, Sec. 6, eff. Sept. 1, 2005.
Article: 45.044 45.045 45.046 45.047 45.048 45.049 45.050 45.051 45.0511 45.052 45.053 45.054 45.055 45.056 45.057
Last modified: August 10, 2007
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