Texas Code of Criminal Procedure 45A.452 – Plea; Appearance by Defendant and Parent
Current as of: 2024 | Check for updates
|
Other versions
(a) This article applies to a defendant who has not had the disabilities of minority removed and has been:
(1) charged with an offense other than an offense under § 43.261, Penal Code, if the defendant is younger than 17 years of age; or
(2) charged with an offense under § 43.261, Penal Code, if the defendant is younger than 18 years of age.
(b) The judge or justice shall:
(1) take the defendant’s plea in open court; and
(2) 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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 45A.452
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Summons: Another word for subpoena used by the criminal justice system.
(c) If the court is unable to secure the appearance of the defendant’s parent, guardian, or managing conservator by issuing 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.
(d) If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with approval of the judge of the court of original jurisdiction, enter a plea, including a plea under Article 45A.401, before a judge in the county in which the defendant resides.
(e) A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at a hearing with the defendant. The summons must include a warning that the failure of the parent to appear is a Class C misdemeanor and may result in arrest.
Text of article effective on January 01, 2025