CJ H.B. 1545 75(R)BILL ANALYSIS



JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1545
By: Finnell
3-27-97
Committee Report (Unamended)


BACKGROUND

Currently, if a minor is required to enter a plea before a justice of the
peace, he or she must return to the county in which the alleged offense
occurred.  The distance between the home county and the county in which
the alleged offense occurred often makes it hard for parents, guardians,
or managing conservators to be present at the time of the plea. 

PURPOSE

House Bill 1545 amends Chapter 45, Code of Criminal Procedure, to allow a
minor defendant, with leave of the court, to enter a plea before a justice
in the county in which the defendant resides making it more likely that
the minor would be accompanied by the parent, guardian, or managing
conservator. 

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 which would: 
 (a) require the court to take the plea of a defendant, who is younger
than 17 years of age and who has not had the disabilities of minority
removed, in open court and to issue a summons to compel the defendant's
parent, guardian, or managing conservator to be present during the plea
and other proceedings 
 (b) allow the court to take a plea and proceed without the presence of
the parent, guardian, or managing conservator is a summons did not secure
their appearance 
 (c) allow the defendant who resides in a county outside the location of
the alleged offense to enter the plea, with leave of the court, before a
justice in the county where the defendant resides. 

Section 2.  Effective date is September 1, 1997.

Section 3.  Emergency clause.


CJ H.B. 1545 75(R)