Tex.
Code of Crim. Proc. Article 45A.356
Judicial Actions Following Plea; Show Cause Hearing
(a)
The court shall enter judgment on a defendant’s plea of nolo contendere or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant a 90-day period to successfully complete the approved driving safety course or motorcycle operator training course and present to the court:(1)
a uniform certificate of completion of the driving safety course or a verification of completion of the motorcycle operator training course;(2)
unless the judge proceeds under Article 45A.359 (Driving Record Retrieval and Related Fee), the defendant’s driving record as maintained by the Department of Public Safety, if any, showing that the defendant has not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12-month period preceding the date of the offense;(3)
an affidavit stating that the defendant:(A)
was not taking a driving safety course or motorcycle operator training course, as applicable, under this subchapter on the date the request to take the course was made; and(B)
has not completed, within the 12-month period preceding the date of the offense, a course described by Paragraph (A) that is not shown on the defendant’s driving record; and(4)
if the defendant does not have a Texas driver’s license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant:(A)
was not taking a driving safety course or motorcycle operator training course, as applicable, in another state on the date the request to take the course was made; and(B)
has not completed a course described by Paragraph (A) within the 12-month period preceding the date of the offense.(b)
If the judge proceeds under Article 45A.359 (Driving Record Retrieval and Related Fee) and the copy of the defendant’s driving record provided to the judge under Subsection (c) of that article shows that the defendant has not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12-month period preceding the date of the offense, the judge shall allow the defendant to complete the appropriate course as provided by this article.(c)
If a defendant satisfies the requirements of Subsection (a), the court shall:(1)
remove the judgment and dismiss the charge;(2)
report the fact that the defendant successfully completed a driving safety course or a motorcycle operator training course and the date of completion to the Department of Public Safety for inclusion in the defendant’s driving record; and(3)
state in the report under Subdivision (2) whether the course was taken under this subchapter to provide information necessary to determine eligibility to take a subsequent course under Article 45A.352 (Driving Safety or Motorcycle Operator Training Course Completion)(a).(d)
An order of deferral under Subsection (a) terminates any liability under a bond given for the charge.(e)
If a defendant requesting a course under this subchapter fails to satisfy the requirements of Subsection (a), the court shall:(1)
notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and(2)
require the defendant to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.(f)
If the defendant fails to appear at the time and place stated in the notice under Subsection (e), or appears at the time and place stated in the notice but does not show good cause for the defendant’s failure to satisfy the requirements of Subsection (a), the court shall enter an adjudication of guilt and impose sentence.
Source:
Article 45A.356 — Judicial Actions Following Plea; Show Cause Hearing, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.356 (accessed Jun. 5, 2024).
