BILL ANALYSIS


                                                         S.B. 577
                                                    By: Henderson
                                                    Jurisprudence
                                                          2-28-95
                                       Committee Report (Amended)
BACKGROUND

Under current law, if a juvenile defendant allegedly committed a
crime in a county other than county in which the defendant lives,
the defendant's parents are required to be present when the
defendant enters a plea.  When large distances separate the
juvenile's home county from the county in which the offense
allegedly occurred, the parents often must bear considerable travel
expenses.

PURPOSE

As proposed, S.B. 577 requires pleas entered by a defendant younger
than 18 years of age to be made in open court with the defendant's
parent, guardian, or conservator present.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 45, Code of Criminal Procedure, by adding
Article 45.331, as follows:

     Art. 45.331.  PLEA BY MINOR.  (a)  Requires a plea of a
     defendant who is younger than 17 years of age and who has not
     had the disabilities of minority removed to be made in open
     court with the defendant's parent, guardian, or managing
     conservator present.
     
     (b)  Requires the court to cause one or both parent or
       guardians to be summoned to appear in court and to require
       one or both of them to be present during all proceedings in
       the case.  Authorizes the court to waive the requirement of
       the presence of parents or guardians in any case in which,
       after diligent effort, the court is unable to locate them or
       to compel their presence.
       
       (c)  Authorizes a defendant who resides in a county other
       than the county in which the alleged offense occurred to
       enter the plea before a justice in the county in which the
       defendant resides.
       
       SECTION 2.   Effective date:  September 1, 1995.

SECTION 3. Emergency clause.