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.