Texas Code of Criminal Procedure 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 § 43.261, Penal Code, if the defendant is younger than 17 years of age; or
(2) charged with an offense under § 43.261, Penal Code, if the defendant is younger than 18 years of age.
Text of subsection effective until January 01, 2025
(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.
Text of subsection effective until January 01, 2025
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 45.0215
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Summons: Another word for subpoena used by the criminal justice system.
(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.
Text of subsection effective until January 01, 2025
(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, before a judge in the county in which the defendant resides.
Text of subsection effective until January 01, 2025
(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.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
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