Texas § 45A.452 PLEA; APPEARANCE BY DEFENDANT AND PARENT.

Texas Statutes

§ 45A.452 — PLEA; APPEARANCE BY DEFENDANT AND PARENT.

Texas § 45A.452

Code CRCode of Criminal Procedure

This text of Texas § 45A.452 (PLEA; APPEARANCE BY DEFENDANT AND PARENT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 45A.452 (2026).

Text

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

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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.

Legislative History

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.