1-1     By:  Finnell (Senate Sponsor - Haywood)               H.B. No. 1545

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; April 30, 1997, reported favorably by the

 1-5     following vote:  Yeas 6, Nays 0; April 30, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to pleas entered by a minor and the issuance of a summons

 1-9     to compel the appearance of the minor's parent in justice or

1-10     municipal court.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Chapter 45, Code of Criminal Procedure, is

1-13     amended by adding Article 45.331 to read as follows:

1-14           Art. 45.331.  PLEA BY MINOR AND APPEARANCE OF PARENT.

1-15     (a)  If a defendant is younger than 17 years of age and has not had

1-16     the disabilities of minority removed, the court:

1-17                 (1)  must take the defendant's plea in open court; and

1-18                 (2)  shall issue a summons to compel the defendant's

1-19     parent, guardian, or managing conservator to be present during:

1-20                       (A)  the taking of the defendant's plea; and

1-21                       (B)  all other proceedings relating to the case.

1-22           (b)  If the court is unable to secure the appearance of the

1-23     defendant's parent, guardian, or managing conservator by issuance

1-24     of a summons, the court may, without the defendant's parent,

1-25     guardian, or managing conservator present, take the defendant's

1-26     plea and proceed against the defendant.

1-27           (c)  If the defendant resides in a county other than the

1-28     county in which the alleged offense occurred, the defendant may,

1-29     with leave of court,  enter the plea, including a plea under

1-30     Article 45.55, before a justice in the county in which the

1-31     defendant resides.

1-32           SECTION 2.  This Act takes effect September 1, 1997.

1-33           SECTION 3.  The importance of this legislation and the

1-34     crowded condition of the calendars in both houses create an

1-35     emergency and an imperative public necessity that the

1-36     constitutional rule requiring bills to be read on three several

1-37     days in each house be suspended, and this rule is hereby suspended.

1-38                                  * * * * *