1-1 By: Henderson S.B. No. 577
1-2 (In the Senate - Filed February 15, 1995; February 16, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 28, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; February 28, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend S.B. No. 577 as follows:
1-8 (1) In SECTION 1, Subsection (a), Article 45.331, change the
1-9 number "18" to "17".
1-10 (2) In SECTION 1, add a new Subsection (b) to Article 45.331
1-11 to read as follows:
1-12 "(b) The court shall cause one or both parents or guardians
1-13 to be summoned to appear in court and shall require one or both of
1-14 them to be present during all proceedings in the case. However,
1-15 the court may waive the requirement of the presence of parents or
1-16 guardians in any case in which, after diligent effort, the court is
1-17 unable to locate them or to compel their presence."
1-18 (3) In SECTION 1, reletter existing Subsection "(b)" of
1-19 Article 45.331 to be Subsection "(c)".
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to pleas entered by a minor in justice or municipal court.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-25 amended by adding Article 45.331 to read as follows:
1-26 Art. 45.331. PLEA BY MINOR. (a) A plea of a defendant who
1-27 is younger than 18 years of age and who has not had the
1-28 disabilities of minority removed must be made in open court with
1-29 the defendant's parent, guardian, or managing conservator present.
1-30 (b) If the defendant resides in a county other than the
1-31 county in which the alleged offense occurred, the defendant may,
1-32 with leave of the court, enter the plea, including a plea under
1-33 Article 45.55, before a justice in the county in which the
1-34 defendant resides.
1-35 SECTION 2. This Act takes effect September 1, 1995.
1-36 SECTION 3. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *