Tex.
Code of Crim. Proc. Article 45.060
Unadjudicated Children, Now Adults; Notice on Reaching Age of Majority; Offense
(a)
Except as provided by Article 45.058 (Children Taken into Custody), an individual may not be taken into secured custody for offenses alleged to have occurred before the individual’s 17th birthday.(b)
On or after an individual’s 17th birthday, if the court has used all available procedures under this chapter to secure the individual’s appearance to answer allegations made before the individual’s 17th birthday, the court may issue a notice of continuing obligation to appear by personal service or by mail to the last known address and residence of the individual. The notice must order the individual to appear at a designated time, place, and date to answer the allegations detailed in the notice.(c)
Failure to appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10 (Bail Jumping and Failure to Appear), Penal Code, and Section 543.003 (Notice to Appear Required: Person Not Taken Before Magistrate), Transportation Code.(d)
It is an affirmative defense to prosecution under Subsection (c) that the individual was not informed of the individual’s obligation under Articles 45.057(h) and (i) or did not receive notice as required by Subsection (b).(e)
A notice of continuing obligation to appear issued under this article must contain the following statement provided in boldfaced type or capital letters:
Source:
Article 45.060 — Unadjudicated Children, Now Adults; Notice on Reaching Age of Majority; Offense, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.060 (accessed Jun. 5, 2024).
