Tex.
Code of Crim. Proc. Article 45.0215
Plea by Minor and Appearance of Parent
(a)
Subject to the requirements of Subchapter E, 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 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code, if the defendant is younger than 17 years of age; or(2)
charged with an offense under Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code, if the defendant is younger than 18 years of age.(a-1)
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 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program), 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.
Source:
Article 45.0215 — Plea by Minor and Appearance of Parent, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.0215 (accessed Apr. 20, 2024).
