DSC, Deferred Disposition,

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• Texas Municipal Courts Association
• Membership open to all Municipal Court Judges,
  Clerks, Deputy Clerks, Prosecutors, and all other
  court staff.
• TMCA works on our behalf during sessions of the
  Texas Legislature.

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• Info www.txmca.com
• Membership is only 35 a year.

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DSC,DeferredDisposition, Commercial Drivers
LicenseUpdate
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Safety Belts C.P.S.S.S.

• HB 183 Effective 9/1/2005
• 545.412(a), TC
• Offense to transport a child UNDER age 5 and
  UNDER 36 tall w/o keeping the child in a Child
  Passenger Safety Seat System.

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Safety Belts C.P.S.S.S.

• 545.4121 (new), TC
• Defense to Prosecution Defendant Possesses an
  appropriate CPSSS for each child to be
  transported. Court determines if satisfactory
  evidence has been presented.

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Lauren Age 3 42 Tall Pops Princess
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Safety Belts C.P.S.S.S.

• 708.052, TC (amended)
• Makes transporting a child w/o appropriate CPSSS
  a Moving Violation.

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Safety Belts C.P.S.S.S.

• 545.413(b), TC (amended)
• Offense to operate Passenger Vehicle and allow
  child UNDER 17, and not required to be in CPSSS,
  to ride w/o a Safety Belt.

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C.P.S.S.S. DSC

• 45.0511, CCP (amended)
• Defendant may take DSC for violation of 545.412,
  TC, even if he/she has taken DSC in last 12
  months. BUT, only if Judge requires Specialized
  DSC (includes 4 hours of instruction on CPSSS).
  TEA refers to Specialized DSCs as Seat Belt
  Schools.

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C.P.S.S.S. DSC

• Find a list of schools at
• www.tea.state.tx.us/drive/activesb.html

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Corbin Age 6 Shovel 36 Crop Wheat
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More DSC News

• HB 370 Effective 9/1/2005
• 45.0511, CCP (amended)
• Allows active duty members of the military (w/DL
  from another state) to take DSC if provided they
  havent completed DSC in another state in the
  last 12 months.

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More DSC News (cont.)

• HB 468 Effective 9/1/2005
• 1001.056, EC (amended)
• TEA will now provide DSC course providers with
  Course Completion Certificate Numbers.

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More DSC News (cont.)

• No more blue certificates.
• Each provider will issue self designed
  certificates.
• Change is intended to allow for faster
  verification and diminish backlogs in traffic
  court dockets.

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Even More DSC News

• HB 703 Offenses committed on after 1/1/2006
• 45.0511, CCP (amended)
• Judge has discretion to require 10 fee from
  defendant to obtain driving record from DPS.

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Deferred Disposition CDLs
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Fun with Deferred Disposition

• SB 1257 Effective 9/1/2005
• 45.051, CCP (amended)
• Prohibits a person that held a CDL at time of
  offense to be granted Deferred Disposition.

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Fun with Deferred (cont.)

• 45.0511, CCP (amended)
• Prohibits a person that held a CDL at time of
  offense to be granted a DSC.

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Fun with Deferred (cont.)

• Intended to close loophole that allowed CDL
  holders to surrender CDL, then make appearance
  and request for Deferred or DSC.

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Key Deferred Update

• SB 1005 Eff. 9/1/2005
• Art. 45.051, CCP Section 1 (amends)
• If Defendant is UNDER 25 yoa.
• Offense is a moving violation.
• Judge shall require DSC during deferral period.

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Key Deferred Update

• 45.051, CCP Sec. 1 (Cont.)
• Provisional License Holder?
• Judge shall require defendant to be examined by
  DPS as required by 521.161, TC. No exemption for
  previous exam. 10 fee to DPS.

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Key Deferred Update

• 45.051, CCP Sec. 1 (Cont.)
• Judge shall impose fine if evidence of completion
  not provided by end of period. (DSC or DPS exam)

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Key Deferred Update

• Please Note
• Pass not required.
• Just be examined
• by DPS.

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Key Deferred Update

• Judges should read this bill (SB 1005) carefully
  and form your own conclusions.

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Key Deferred Update

• HB 2702 Effective 9/1/2005
• Art. 45.051 (f) (2), CCP (amended)
• Removed words traffic offense

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Key Deferred Update

• Added 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 CDL.

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Key Deferred Update

• Motor Vehicle Control is not defined in TC.
• Interpretation is in the hands of the judge.
• You must decide if offense is eligible for
  Deferred Disposition.

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Questions?

• TMCEC Hot Line
• 1-800-252-3718
• Web www.tmcec.com
• Your peers save your roster

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Thank You!
Now, if time allows..Road Rage