By Finnell H.B. No. 1545
75R5193 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to pleas entered by a minor and the issuance of a summons
1-3 to compel the appearance of the minor's parent in justice or
1-4 municipal court.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-7 amended by adding Article 45.331 to read as follows:
1-8 Art. 45.331. PLEA BY MINOR AND APPEARANCE OF PARENT.
1-9 (a) If a defendant is younger than 17 years of age and has not had
1-10 the disabilities of minority removed, the court:
1-11 (1) must take the defendant's plea in open court; and
1-12 (2) shall issue a summons to compel the defendant's
1-13 parent, guardian, or managing conservator to be present during:
1-14 (A) the taking of the defendant's plea; and
1-15 (B) all other proceedings relating to the case.
1-16 (b) If the court is unable to secure the appearance of the
1-17 defendant's parent, guardian, or managing conservator by issuance
1-18 of a summons, the court may, without the defendant's parent,
1-19 guardian, or managing conservator present, take the defendant's
1-20 plea and proceed against the defendant.
1-21 (c) If the defendant resides in a county other than the
1-22 county in which the alleged offense occurred, the defendant may,
1-23 with leave of court, enter the plea, including a plea under
1-24 Article 45.55, before a justice in the county in which the
2-1 defendant resides.
2-2 SECTION 2. This Act takes effect September 1, 1997.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.