Plea; Appearance By Defendant and Parent

Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT. (a) Subject to the requirements of Subchapter K, 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, Penal Code, if the defendant is younger than 17 years of age; or (2) charged with an offense under Section 43.261, Penal Code, if the defendant is younger than 18 years of age. (b) The judge or justice shall: (1) take the defendant's plea in open court; and (2) 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. (c) If the court is unable to secure the appearance of the defendant's parent, guardian, or managing conservator by issuing 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. (d) If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with approval of the judge of the court of original jurisdiction, enter a plea, including a plea under Article 45A.401, before a judge in the county in which the defendant resides. (e) A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at a hearing with the defendant. The summons must include a warning that the failure of the parent to appear is a Class C misdemeanor and may result in arrest. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.023(a), eff. September 1, 2025.