Texas Code of Criminal Procedure 45A.456 – Continuing Obligation to Appear for Unadjudicated Child, Now Adult; Offense
Current as of: 2024 | Check for updates
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(a) Except as provided by Articles 45A.453, 45A.454, and 45A.455, 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.
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 45A.456
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
(c) Failure to appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of § 38.10, Penal Code, and § 543.009, 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(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:
“WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST.”
Text of article effective on January 01, 2025