Tex.
Code of Crim. Proc. Article 45A.456
Continuing Obligation to Appear for Unadjudicated Child, Now Adult; Offense
(a)
Except as provided by Articles 45A.453 (Child Taken into Custody), 45A.454 (Conduct Alleged on School Property), and 45A.455 (Child Taken into Custody for Violation of Juvenile Curfew or Order), 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 543.009 (Compliance with or Violation of Promise to Appear), 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 45A.457 (Finding that Offense Committed)(h) and (i) or did not receive notice as required by Subsection (b) of this article.(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 45A.456 — Continuing Obligation to Appear for Unadjudicated Child, Now Adult; Offense, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.456 (accessed Jun. 5, 2024).
