Text of article effective on January 01, 2025
Art. 45A.452.  PLEA; APPEARANCE BY DEFENDANT AND PARENT.  (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 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.