By: Henderson S.B. No. 577
A BILL TO BE ENTITLED
AN ACT
1-1 relating to pleas entered by a minor in justice or municipal court.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-4 amended by adding Article 45.331 to read as follows:
1-5 Art. 45.331. PLEA BY MINOR. (a) A plea of a defendant who
1-6 is younger than 17 years of age and who has not had the
1-7 disabilities of minority removed must be made in open court with
1-8 the defendant's parent, guardian, or managing conservator present.
1-9 (b) The court shall cause one or both parents or guardians
1-10 to be summoned to appear in court and shall require one or both of
1-11 them to be present during all proceedings in the case. However,
1-12 the court may waive the requirement of the presence of parents or
1-13 guardians in any case in which, after diligent effort, the court is
1-14 unable to locate them or to compel their presence.
1-15 (c) If the defendant resides in a county other than the
1-16 county in which the alleged offense occurred, the defendant may,
1-17 with leave of the court, enter the plea, including a plea under
1-18 Article 45.55, before a justice in the county in which the
1-19 defendant resides.
1-20 SECTION 2. This Act takes effect September 1, 1995.
1-21 SECTION 3. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.