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Texas Code of Criminal Procedure - Article 45.057. Offenses Committed By Juveniles

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 45.057. Offenses Committed By Juveniles

Art. 45.057. OFFENSES COMMITTED BY JUVENILES.  (a) In this 
article:          
	(1)  "Child" has the meaning assigned by Article 45.058(h).                    
	(2)  "Residence" means any place where the child lives or 
resides for a period of at least 30 days.
	(3)  "Parent" includes a person standing in parental 
relation, a managing conservator, or a custodian.
	(b)  On a finding by a justice or municipal court that a child 
committed an offense that the court has jurisdiction of under 
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
	(1)  referring the child or the child's parent for services 
under Section 264.302, Family Code;
	(2)  requiring that the child attend a special program that 
the court determines to be in the best interest of the child and, if 
the program involves the expenditure of county funds, that is 
approved by the county commissioners court, including a 
rehabilitation, counseling, self-esteem and leadership, work and 
job skills training, job interviewing and work preparation, 
self-improvement, parenting, manners, violence avoidance, 
tutoring, sensitivity training, parental responsibility, community 
service, restitution, advocacy, or mentoring program;  or
	(3)  requiring that the child's parent do any act or refrain 
from doing any act that the court determines will increase the 
likelihood that the child will comply with the orders of the court 
and that is reasonable and necessary for the welfare of the child, 
including:
	(A)  attend a parenting class or parental responsibility 
program;  and       
	(B)  attend the child's school classes or functions.                           
	(c)  The justice or municipal court may order the parent, 
managing conservator, or guardian of a child required to attend a 
program under Subsection (b) to pay an amount not greater than $100 
to pay for the costs of the program.
	(d)  A justice or municipal court may require a child, 
parent, managing conservator, or guardian required to attend a 
program, class, or function under this article to submit proof of 
attendance to the court.
	(e)  A justice or municipal court shall endorse on the 
summons issued to a parent an order to appear personally at the 
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.
	(f)  An order under this article involving a child is 
enforceable under Article 45.050.
	(g)  A person commits an offense if the person is a parent, 
managing conservator, or guardian who fails to attend a hearing 
under this article after receiving an order under Subsection (e).  
An offense under this subsection is a Class C misdemeanor.
	(h)  A child and parent required to appear before the court 
have an obligation to provide the court in writing with the current 
address and residence of the child.  The obligation does not end 
when the child reaches age 17.  On or before the seventh day after 
the date the child or parent changes residence, the child or parent 
shall notify the court of the current address in the manner directed 
by the court.  A violation of this subsection may result in arrest 
and is a Class C misdemeanor.  The obligation to provide notice 
terminates on discharge and satisfaction of the judgment or final 
disposition not requiring a finding of guilt.
	(i)  If an appellate court accepts an appeal for a trial de 
novo, the child and parent shall provide the notice under 
Subsection (h) to the appellate court.
	(j)  The child and parent are entitled to written notice of 
their obligation under Subsections (h) and (i), which may be 
satisfied by being given a copy of those subsections by:
	(1)  the court during their initial appearance before the 
court;             
	(2)  a peace officer arresting and releasing a child under 
Article 45.058(a) on release;  and
	(3)  a peace officer that issues a citation under Section 
543.003, Transportation Code, or Article 14.06(b) of this code.
	(k)  It is an affirmative defense to prosecution under 
Subsection (h) that the child and parent were not informed of their 
obligation under this article.
	(l)  Any order under this article is enforceable by the 
justice or municipal court by contempt.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.  
Subsecs. (a), (b), (e), (h) amended by Acts 2003, 78th Leg., ch. 
283, Sec. 34, eff. Sept. 1, 2003.  Subsecs. (i) to (l) added by Acts 
2003, 78th Leg., ch. 283, Sec. 34, eff. Sept. 1, 2003.

Last modified: August 11, 2007