(a) Except as provided by Articles 45.058 and 45.059, 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, Penal Code, and Section 543.003, 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 45.057(h) and (i) or did not receive notice as required by Subsection (b).
(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.”
Added by Acts 2003, 78th Leg., ch. 283, Sec. 35, eff. Sept. 1, 2003.
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