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 * * * * *