Texas Code of Criminal Procedure - Article 45.0215. Plea By Minor And Appearance Of Parent
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Art. 45.0215. PLEA BY MINOR AND APPEARANCE OF PARENT. (a) If
a defendant is younger than 17 years of age and has not had the
disabilities of minority removed, the judge or justice:
(1) must take the defendant's plea in open court; and
(2) shall issue a summons to compel the defendant's parent,
guardian, or managing conservator to be present during:
(A) the taking of the defendant's plea; and
(B) all other proceedings relating to the case.
(b) If the court is unable to secure the appearance of the
defendant's parent, guardian, or managing conservator by issuance
of a summons, the court may, without the defendant's parent,
guardian, or managing conservator present, take the defendant's
plea and proceed against the defendant.
(c) If the defendant resides in a county other than the
county in which the alleged offense occurred, the defendant may,
with leave of the judge of the court of original jurisdiction, enter
the plea, including a plea under Article 45.052, before a judge in
the county in which the defendant resides.
(d) A justice or municipal court shall endorse on the
summons issued to a parent an order to appear personally at a
hearing with the child. The summons must include a warning that the
failure of the parent to appear may result in arrest and is a Class C
misdemeanor.
Added by Acts 1997, 75th Leg., ch. 193, Sec. 1, eff. Sept. 1, 1997.
Renumbered from Vernon's Ann.C.C.P. art. 45.331 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 19, eff. Sept. 1, 1999. Subsec. (d)
added by Acts 2005, 79th Leg., ch. 949, Sec. 33, eff. Sept. 1, 2005.
Article: 45.015 45.016 45.017 45.018 45.019 45.020 45.021 45.0215 45.0216 45.022 45.023 45.024 45.025 45.026 45.027
Last modified: August 11, 2007
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