BILL ANALYSIS



C.S.S.B. 577
By: Henderson (Place)
May 16, 1995
Committee Report (Substituted)


BACKGROUND

When a juvenile commits a misdemeanor infraction in a county other
than in the one in which they reside, the juvenile must return,
with parent, guardian, or managing conservator, to that county to
enter a plea in the misdemeanor case.  With our increasingly mobile
society, sometimes this requires traveling substantial distances
simply to enter a plea.  

PURPOSE

As proposed, C.S.S.B. 577 will authorize the court for good cause
to waive the requirements of the presence of parents and the
personal appearance of the defendant at the entering of a plea by
a minor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 45, Code of Criminal Procedure, by
adding Article 45.331 to require pleas made by defendants younger
than 17 to be made in open court with the parent, guardian, or
managing conservator present.  Authorizes the court to require a
parent, guardian, or managing conservator to be present for all
proceedings in the case.  Authorizes the court to, for good cause,
waive the requirements of the presence of the parents and the
personal appearance of the defendant.

SECTION 2.     Effective date:  September 1, 1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 577 provides that the court may, rather than shall, cause
a parent, guardian, or managing conservator to be summoned to
appear in court, and to require a parent, guardian, or managing
conservator to be present for all proceedings in the case.  The
committee substitute deletes from the original version language
which allows the court to waive the requirement of presence of the
parents if the court is unable to locate them or to compel their
presence.  The substitute bill also deletes a subsection which
authorizes a defendant to enter a plea in the county in which the
defendant resides.  C.S.S.B. 577 adds language authorizing a court
to waive the requirements of the presence of parents and the
personal appearance of the defendant for good cause.

SUMMARY OF COMMITTEE ACTION

The companion bill, H.B. 1394, having been considered previously by
the committee in a public hearing on April 19, 1995, S.B 577 was
considered by the committee in a formal meeting on April 28, 1995. 
The committee considered a complete substitute for the bill which
was adopted without objection.  S.B. 577 was reported favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.