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.