Mandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d) Article Code of Criminal Procedure

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1 Stewart Milner, Chief Judge, City of Arlington Article Code of Criminal Procedure Mandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d)

2 The Judge shall grant DSC if: Charged with Eligible Offense; Makes timely election ; and Meets Statutory Qualifications. Applies to offenses: within jurisdiction of municipal or justice courts; involving operation of motor vehicles. Defined as: Disobeying Warning Signs and Barricades (Sec ) Rules of the Road violations (Sec ) Juvenile offenses for same violations (Sec (a)(3)) DSC not available for: Speeding 25 mph over limit or over 95 mph Passing a school bus Hit and Run Offenses (Occupied Vehicles) Serious Traffic Violations (CMV) Construction Zone While Workers Present Subtitle C Rules of Road Not including Seatbelt and Inspection Offenses Offense Committed by CDL holders ( Held-ers too!)

3 What constitutes Timely? Before the Answer Date Mailbox Rule Art , C.C.P. If mailed on or before answer date Must be received within 10 days of answer date Keep envelope Legible postmark is evidence of receipt What constitutes an Election? In Person By Attorney By Certified Mail Who qualifies for Mandatory DSC? Evidence of Financial Responsibility Under Chapter 601 of Trans. Code Texas Drivers License Or, if no Texas DL but: U.S. Military (Including spouse and dependents) Active Duty No DSC / MOC in any state in last 12 mos. prior date of offense

4 The Judge may grant DSC to a Defendant even if Defendant does not qualify under normal circumstances (d) Under (d), the Judge may grant DSC even if: Defendant has completed DSC in past 12 months. Request is untimely (but before Final Disposition) REMEMBER - If not eligible under Sec , Judge generally MAY allow DSC as a Condition of Deferred Disposition (Sec ) Mandatory ( (b)) no more than $10, plus Court Costs Discretionary ( (d)) SEF up to amount of fine, plus Court Costs No refunds if course not taken

5 Violations of & (b), T.C. Specialized DSC w/4 hours of Instruction Encouraging Use of Child Seats and Seatbelts Can take Specialized DSC even if defendant had regular DSC within last 12 months DL record must show no special DSC in last 12 months Citation must have required notice: You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course. No Notice = Mandatory DSC continues until notice is given Court enters judgment on plea; Collects costs; Defers imposition of judgment for 90 days During deferral period, Defendant must present: Certificate of Completion Driving Record as maintained by DPS Valet DSC (alt. method under (c-1) Texas On- Line) Affidavit of Eligibility Including Military Affidavit

6 On proof of Completion: Court removes judgment Reports to DPS date of completion DSC certificates are not uniform in appearance Court may only dismiss one charge for each completion Show Cause Hearing Court notifies Defendant in writing: of failure to comply of time of hearing of place of hearing Court requires Defendant to appear Contempt for Failure to Appear??? If Defendant Appears, Court may: Allow extension of time to comply; or Impose judgment on underlying charge Defendant may pay the fine or appeal

7 If Defendant Fails to Appear, Court may: Impose judgment on underlying charge; Require immediate payment of outstanding fine; If immediate, Issue Capias Pro Fine Teen Court is a deferred disposition with its own specific authority provided under Art

8 Defendant who is: under 18 years of age or; Enrolled full time in an accredited secondary school; and Is charged with an offense the municipal court has jurisdiction over. The defendant: Must plead guilty or no contest in open court with the defendant s parent, guardian, or managing conservator present Presents to the court an oral or written request to attend a teen court program; and Has not completed a teen court program in the two years preceding the alleged offense. Teen court program must be approved by the court. Teen court is a deferral and if done for an applicable traffic violation a Driver s Safety Course is required. Art (b-1).

9 The total deferral time for a teen court program may not exceed 180 days. (Art {a}). However, the court shall only give 90 days to complete the program after the teen court hearing date. If proof is presented by the defendant of successful completion of the teen court program then the court shall dismiss the charge. Since teen court is a deferred disposition, a defendant must be set for a show cause hearing if they do not present proof of completion by the end of the deferral period. If Teen Court Completed and case dismissed it can t be part of a criminal or driving record. If the charge for which Teen Court was completed was a traffic offense then the court shall report to the Texas Department of Public Safety the successful completion and the date of completion for inclusion in the defendant s driving record.

Court may charge a fee of $10 for the costs of administering the program.

052g) On a plea of guilty or no contest or on a finding of guilt after trial the

if: The offense is related to the defendant s chemical dependency; and An

10 Court may charge a fee of $10 for the costs of administering the program. (For the court). Court may charge a fee of $10 for the Teen Court program. (Art g) On a plea of guilty or no contest or on a finding of guilt after trial the court may defer proceedings for 90 days without entering an adjudication of guilt if: The offense is related to the defendant s chemical dependency; and An application for court-ordered treatment of the defendant is filed pursuant to Ch. 462 of the Health & Safety Code

11 Application must be filed in court having jurisdiction and with the county clerk of the proper county. Application (unless filed by county or district attorney) must be accompanied by a certificate of medical examination for chemical dependency. Health & Safety Code Sec The requirements of a certificate of medical examination are set out in Sec Health & Safety Code. Must: Be styled using the initials of the proposed patient Contain the proposed patient s name & address State that the proposed patient is a chemically dependent person who is likely to cause serious harm to himself or others; Will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, is unable to make a rational and informed choice as to whether to submit to treatment, and Must contain a statement that the proposed patient is not charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.

12 If evidence is presented that defendant was committed and completed treatment the charge is dismissed and there is no final conviction. If no proof is presented the judge may assess a fine. It is a final conviction. Records relating to the charge may be expunged if there is compliance. Questions? Comments? Concerns? Stewart Milner Stewart.milner@arlingtontx.gov

Deferred Disposition. Article Code of Criminal Procedure. Judge Stewart Milner City of Arlington Municipal Court

Deferred Disposition. Article Code of Criminal Procedure. Judge Stewart Milner City of Arlington Municipal Court Judge Stewart Milner City of Arlington Municipal Court Deferred Disposition Article 45.051 Code of Criminal Procedure Deferred Disposition Always discretionary with the Court After plea of Guilty or Nolo