Tex. Code of Criminal Procedure § 45A.452

This is the official text of Tex. Code of Criminal Procedure § 45A.452, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT.

Official statutory text

(a) Subject to the requirements of Subchapter K, 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 Section 43.261, Penal Code, if the defendant is younger than 17 years of age; or

(2) charged with an offense under Section 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.

(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.

Status: in_force · Read it on the official government site

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