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.