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CODE OF CRIMINAL PROCEDURE CHAPTER 24.
SUBPOENA AND ATTACHMENT
Art. 24.01. [461] [525] [513] Issuance of subpoenas
(a) A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified
term of the court or on a specified day; or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner's inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing; or
(E) in any other proceeding in which the person's testimony may be
required in accordance with this code.
(b) The person named in the subpoena to summon the person whose
appearance is sought must be:
(1) a peace officer; or
(2) a least 18 years old and, at the time the subpoena is issued, not
a participant in the proceeding for which the appearance is sought.
(c) A person who is not a peace officer may not be compelled to
accept the duty to execute a subpoena, but if he agrees in writing
to accept that duty and neglects or refuses to serve or return the
subpoena, he may be punished in accordance with Article 2.16 of this
code.
(d) A court or clerk issuing a subpoena shall sign the subpoena and
indicate on it the date it was issued, but the subpoena need not be
under seal.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 503, ch. 209, Sec. 1, eff. Sept.
1, 1981.
Art. 24.011. Subpoenas; child witnesses
(a) If a witness is younger than 18 years, the court may issue a
subpoena directing a person having custody, care, or control of the
child to produce the child in court.
(b) If a person, without legal cause, fails to produce the child in
court as directed by a subpoena issued under this article, the court
may impose on the person penalties for contempt provided by this
chapter. The court may also issue a writ of attachment for the
person and the child, in the same manner as other writs of
attachment are issued under this chapter.
Acts 1987, 70th Leg., ch. 520, Sec. 1, eff. June 17, 1987.
Art. 24.02. [462] [526] [514] Subpoena duces tecum
If a witness have in his possession any instrument of writing or
other thing desired as evidence, the subpoena may specify such
evidence and direct that the witness bring the same with him and
produce it in court.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.03. [463] [526-529] Subpoena and application therefor
(a) Before the clerk or his deputy shall be required or permitted to
issue a subpoena in any felony case pending in any district or
criminal district court of this State of which he is clerk or
deputy, the defendant or his attorney or the State's attorney shall
make an application in writing or by electronic means to such clerk
for each witness desired. Such application shall state the name of
each witness desired, the location and vocation, if known, and that
the testimony of said witness is material to the State or to the
defense. The application must be filed with the clerk and placed
with the papers in the cause or, if the application is filed
electronically, placed with any other electronic information
linked to the number of the cause. The application must also be
made available to both the State and the defendant. Except as
provided by Subsection (b), as far as is practical such clerk shall
include in one subpoena the names of all witnesses for the State and
for defendant, and such process shall show that the witnesses are
summoned for the State or for the defendant. When a witness has
been served with a subpoena, attached or placed under bail at the
instance of either party in a particular case, such execution of
process shall inure to the benefit of the opposite party in such
case in the event such opposite party desires to use such witness on
the trial of the case, provided that when a witness has once been
served with a subpoena, no further subpoena shall be issued for said
witness.
(b) If the defendant is a member of a combination as defined by
Section 71.01, Penal Code, the clerk shall issue for each witness a
subpoena that does not include a list of the names of all other
witnesses for the State or the defendant.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 10.01, eff. Sept. 1,
1993; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 580, Sec. 4,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 614, Sec.
2, eff. June 18, 1999.
Art. 24.04. [464] [527] [515] Service and return of subpoena
(a) A subpoena is served by:
(1) reading the subpoena in the hearing of the witness;
(2) delivering a copy of the subpoena to the witness;
(3) electronically transmitting a copy of the subpoena,
acknowledgment of receipt requested, to the last known electronic
address of the witness; or
(4) mailing a copy of the subpoena by certified mail, return receipt
requested, to the last known address of the witness unless:
(A) the applicant for the subpoena requests in writing that the
subpoena not be served by certified mail; or
(B) the proceeding for which the witness is being subpoenaed is set
to begin within seven business days after the date the subpoena
would be mailed.
(b) The officer having the subpoena shall make due return thereof,
showing the time and manner of service, if served under Subsection
(a)(1) or (2) of this article, the acknowledgment of receipt, if
served under Subsection (a)(3) of this article, or the return
receipt, if served under Subsection (a)(4) of this article. If the
subpoena is not served, the officer shall show in his return the
cause of his failure to serve it. If receipt of an electronically
transmitted subpoena is not acknowledged within a reasonable time
or a mailed subpoena is returned undelivered, the officer shall use
due diligence to locate and serve the witness. If the witness could
not be found, the officer shall state the diligence he has used to
find him, and what information he has as to the whereabouts of the
witness.
(c) A subpoena served under Subsection (a)(3) of this article must
be accompanied by notice that an acknowledgment of receipt of the
subpoena must be made in a manner enabling verification of the
person acknowledging receipt.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1979, 66th Leg., p. 770, ch. 336, Sec. 1, eff. Aug.
27, 1979.
Amended by Acts 1995, 74th Leg., ch. 374, Sec. 1, eff. June 8, 1995;
Acts 1999, 76th Leg., ch. 580, Sec. 5, eff. Sept. 1, 1999.
Art. 24.05. [465] [528] [516] Refusing to obey
If a witness refuses to obey a subpoena, he may be fined at the
discretion of the court, as follows: In a felony case, not
exceeding five hundred dollars; in a misdemeanor case, not
exceeding one hundred dollars.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.06. [466] [530] [518] What is disobedience of a subpoena
It shall be held that a witness refuses to obey a subpoena:
1. If he is not in attendance on the court on the day set apart for
taking up the criminal docket or on any day subsequent thereto and
before the final disposition or continuance of the particular case
in which he is a witness;
2. If he is not in attendance at any other time named in a writ; and
3. If he refuses without legal cause to produce evidence in his
possession which he has been summoned to bring with him and produce.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.07. [467] [531] [519] Fine against witness conditional
When a fine is entered against a witness for failure to appear and
testify, the judgment shall be conditional; and a citation shall
issue to him to show cause, at the term of the court at which said
fine is entered, or at the first term thereafter, at the discretion
of the judge of said court, why the same should not be final;
provided, citation shall be served upon said witness in the manner
and for the length of time prescribed for citations in civil cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.08. [468] [532] [520] Witness may show cause
A witness cited to show cause, as provided in the preceding Article,
may do so under oath, in writing or verbally, at any time before
judgment final is entered against him; but if he fails to show
cause within the time limited for answering in civil actions, a
judgment final by default shall be entered against him.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.09. [469] [533] [521] Court may remit fine
It shall be within the discretion of the court to judge of the
sufficiency of an excuse rendered by a witness, and upon the hearing
the court shall render judgment against the witness for the whole or
any part of the fine, or shall remit the fine altogether, as to the
court may appear proper and right. Said fine shall be collected as
fines in misdemeanor cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.10. [470] [534] [522] When witness appears and testifies
When a fine has been entered against a witness, but no trial of the
cause takes place, and such witness afterward appears and testifies
upon the trial thereof, it shall be discretionary with the judge,
though no good excuse be rendered, to reduce the fine or remit it
altogether; but the witness, in such case, shall, nevertheless, be
adjudged to pay all the costs accruing in the proceeding against him
by reason of his failure to attend.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.11. [471] [535] [523] Requisites of an "Attachment"
An "Attachment" is a writ issued by a clerk of a court under seal,
or
by any magistrate, or by the foreman of a grand jury, in any
criminal action or proceeding authorized by law, commanding some
peace officer to take the body of a witness and bring him before
such court, magistrate or grand jury on a day named, or forthwith,
to testify in behalf of the State or of the defendant, as the case
may be. It shall be dated and signed officially by the officer
issuing it.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.12. [472] [536] [524] When attachment may issue
When a witness who resides in the county of the prosecution has been
duly served with a subpoena to appear and testify in any criminal
action or proceeding fails to so appear, the State or the defendant
shall be entitled to have an attachment issued forthwith for such
witness.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.13. Attachment for convict witnesses
All persons who have been or may be convicted in this State, and who
are confined in an institution operated by the Department of
Corrections or any jail in this State, shall be permitted to testify
in person in any court for the State and the defendant when the
presiding judge finds, after hearing, that the ends of justice
require their attendance, and directs that an attachment issue to
accomplish the purpose, notwithstanding any other provision of this
Code. Nothing in this Article shall be construed as limiting the
power of the courts of this State to issue bench warrants.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.131. Notification to Department of Criminal Justice
If after the Texas Department of Criminal Justice transfers a
defendant or inmate to a county under Article 24.13 and before that
person is returned to the department the person is released on bail
or the charges on which the person was convicted and for which the
person was transferred to the department are dismissed, the county
shall immediately notify an officer designated by the department of
the release on bail or the dismissal.
Added by Acts 2001, 77th Leg., ch. 857, Sec. 1, eff. June 14, 2001.
Art. 24.14. [473] [537] [524a] Attachment for resident witness
When a witness resides in the county of the prosecution, whether he
has disobeyed a subpoena or not, either in term-time or vacation,
upon the filing of an affidavit with the clerk by the defendant or
State's counsel, that he has good reason to believe, and does
believe, that such witness is a material witness, and is about to
move out of the county, the clerk shall forthwith issue an
attachment for such witness; provided, that in misdemeanor cases,
when the witness makes oath that he cannot give surety, the officer
executing the attachment shall take his personal bond.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.15. [474] [538] [525a] To secure attendance before grand
jury
At any time before the first day of any term of the district court,
the clerk, upon application of the State's attorney, shall issue a
subpoena for any witness who resides in the county. If at the time
such application is made, such attorney files a sworn application
that he has good reason to believe and does believe that such
witness is about to move out of the county, then said clerk shall
issue an attachment for such witness to be and appear before said
district court on the first day thereof to testify as a witness
before the grand jury. Any witness so summoned, or attached, who
shall fail or refuse to obey a subpoena or attachment, shall be
punished by the court by a fine not exceeding five hundred dollars,
to be collected as fines and costs in other criminal cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.16. [475] [539] Application for out-county witness
Where, in misdemeanor cases in which confinement in jail is a
permissible punishment, or in felony cases, a witness resides out
of the county in which the prosecution is pending, the State or the
defendant shall be entitled, either in term-time or in vacation, to
a subpoena to compel the attendance of such witness on application
to the proper clerk or magistrate. Such application shall be in the
manner and form as provided in Article 24.03. Witnesses in such
misdemeanor cases shall be compensated in the same manner as in
felony cases. This Article shall not apply to more than one
character witness in a misdemeanor case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.17. [476] [540] Duty of officer receiving said subpoena
The officer receiving said subpoena shall execute the same by
delivering a copy thereof to each witness therein named. He shall
make due return of said subpoena, showing therein the time and
manner of executing the same, and if not executed, such return shall
show why not executed, the diligence used to find said witness, and
such information as the officer has as to the whereabouts of said
witness.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.18. [477] [541] Subpoena returnable forthwith
When a subpoena is returnable forthwith, the officer shall
immediately serve the witness with a copy of the same; and it shall
be the duty of said witness to immediately make his appearance
before the court, magistrate or other authority issuing the same.
If said witness makes affidavit of his inability from lack of funds
to appear in obedience to said subpoena, the officer executing the
same shall provide said witness, if said subpoena be issued as
provided in Article 24.16, with the necessary funds or means to
appear in obedience to said subpoena, taking his receipt therefor,
and showing in his return on said subpoena, under oath, the amount
furnished to said witness, together with the amount of his fees for
executing said subpoena.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.19. [478] [542] Certificate to officer
The clerk, magistrate, or foreman of the grand jury issuing said
process, immediately upon the return of said subpoena, if issued as
provided in Article 24.16, shall issue to such officer a
certificate for the amount furnished such witness, together with
the amount of his fees for executing the same, showing the amount of
each item; which certificate shall be approved by the district
judge and recorded by the district clerk in a book kept for that
purpose; and said certificate transmitted to the officer executing
such subpoena, which amount shall be paid by the State, as costs are
paid in other criminal matters.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.20. [479] [543] Subpoena returnable at future date
If the subpoena be returnable at some future date, the officer shall
have authority to take bail of such witness for his appearance under
said subpoena, which bond shall be returned with such subpoena, and
shall be made payable to the State of Texas, in the amount in which
the witness and his surety, if any, shall be bound and conditioned
for the appearance of the witness at the time and before the court,
magistrate or grand jury named in said subpoena, and shall be signed
by the witness and his sureties. If the witness refuses to give
bond, he shall be kept in custody until such time as he starts in
obedience to said subpoena, when he shall be, upon affidavit being
made, provided with funds necessary to appear in obedience to said
subpoena.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.21. [480] [544] Stating bail in subpoena
The court or magistrate issuing said subpoena may direct therein
the amount of the bail to be required. The officer may fix the
amount if not specified, and in either case, shall require
sufficient security, to be approved by himself.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.22. [481] [545] Witness fined and attached
If a witness summoned from without the county refuses to obey a
subpoena, he shall be fined by the court or magistrate not exceeding
five hundred dollars, which fine and judgment shall be final,
unless set aside after due notice to show cause why it should not be
final, which notice may immediately issue, requiring the defaulting
witness to appear at once or at the next term of said court, in the
discretion of the judge, to answer for such default. The court may
cause to be issued at the same time an attachment for said witness,
directed to the proper county, commanding the officer to whom said
writ is directed to take said witness into custody and have him
before said court at the time named in said writ; in which case such
witness shall receive no fees, unless it appears to the court that
such disobedience is excusable, when the witness may receive the
same pay as if he had not been attached. Said fine when made final
and all costs thereon shall be collected as in other criminal cases.
Said fine and judgment may be set aside in vacation or at the time or
any subsequent term of the court for good cause shown, after the
witness testifies or has been discharged. The following words
shall be written or printed on the face of such subpoena for
out-county witnesses: "A disobedience of this subpoena is
punishable by fine not exceeding five hundred dollars, to be
collected as fines and costs in other criminal cases."
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.23. [482] [546] [535] Witness released
A witness who is in custody for failing to give bail shall be at once
released upon giving bail required.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.24. [483] [547] [536] Bail for witness
Witnesses on behalf of the State or defendant may, at the request of
either party, be required to enter into bail in an amount to be
fixed by the court to appear and testify in a criminal action; but
if it shall appear to the court that any witness is unable to give
security upon such bail, he shall be released without security.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.25. [484] [548] [537] Personal bond of witness
When it appears to the satisfaction of the court that personal bond
of the witness will insure his attendance, no security need be
required of him; but no bond without security shall be taken by any
officer.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.26. [485] [549] [538] Enforcing forfeiture
The bond of a witness may be enforced against him and his sureties,
if any, in the manner pointed out in this Code for enforcing the
bond of a defendant in a criminal case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.27. [486] [550] [539] No surrender after forfeiture
The sureties of a witness have no right to discharge themselves by
the surrender of the witness after the forfeiture of their bond.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 24.28. [486a] Uniform Act to secure attendance of witnesses
from without State
Short Title
Sec. 1. This Act may be cited as the "Uniform Act to Secure the
Attendance of Witnesses from Without the State in Criminal
Proceedings".
Definitions
Sec. 2. "Witness" as used in this Act shall include a person whose
testimony is desired in any proceeding or investigation by a grand
jury or in a criminal action, prosecution or proceeding.
The word "State" shall include any territory of the United States
and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice
requiring the appearance of a witness.
Summoning witness in this State to testify in another State
Sec. 3. (a) If a judge of a court of record in any State which by its
laws has made provision for commanding persons within that State to
attend and testify in this State certifies under the seal of such
court that there is a criminal prosecution pending in such court, or
that a grand jury investigation has commenced or is about to
commence, that a person being within this State is a material
witness in such prosecution, or grand jury investigation, and that
his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of record
in the county in which such person is, such judge shall fix a time
and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
(b) If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
a grand jury investigation in the other State, and that the laws of
the State in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence, (and of any
other State through which the witness may be required to pass by
ordinary course of travel), will give to him protection from arrest
and the service of civil and criminal process, he shall issue a
summons, with a copy of the certificate attached, directing the
witness to attend and testify in the court where the prosecution is
pending, or where a grand jury investigation has commenced or is
about to commence at a time and place specified in the summons. In
any such hearing the certificate shall be prima facie evidence of
all the facts stated therein.
(c) If said certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting
State to assure his attendance in the requesting State, such judge
may, in lieu of notification of the hearing, direct that such
witness be forthwith brought before him for said hearing; and the
judge at the hearing being satisfied of the desirability of such
custody and delivery, for which determination the certificate shall
be prima facie proof of such desirability may, in lieu of issuing
subpoena or summons, order that said witness be forthwith taken
into custody and delivered to an officer of the requesting State.
(d) If the witness, who is summoned as above provided, after being
paid or tendered by some properly authorized person the
compensation for nonresident witnesses authorized and provided for
by Article 35.27 of this Code, fails without good cause to attend
and testify as directed in the summons, he shall be punished in the
manner provided for the punishment of any witness who disobeys a
summons issued from a court of record in this State.
Witness from another State summoned to testify in this State
Sec. 4. (a) If a person in any State, which by its laws has made
provision for commanding persons within its borders to attend and
testify in criminal prosecutions, or grand jury investigations
commenced or about to commence, in this State, is a material witness
in a prosecution pending in a court of record in this State, or in a
grand jury investigation which has commenced or is about to
commence, a judge of such court may issue a certificate under the
seal of the court stating these facts and specifying the number of
days the witness will be required. Said certificate may include a
recommendation that the witness be taken into immediate custody and
delivered to an officer of this State to assure his attendance in
this State. This certificate shall be presented to a judge of a
court of record in the county in which the witness is found.
(b) If the witness is summoned to attend and testify in this State
he shall be tendered the compensation for nonresident witnesses
authorized by Article 35.27 of this Code, together with such
additional compensation, if any, required by the other State for
compliance. A witness who has appeared in accordance with the
provisions of the summons shall not be required to remain within
this State a longer period of time than the period mentioned in the
certificate, unless otherwise ordered by the court. If such
witness, after coming into this State, fails without good cause to
attend and testify as directed in the summons, he shall be punished
in the manner provided for the punishment of any witness who
disobeys a summons issued from a court of record in this State.
Exemption from arrest and service of process
Sec. 5. If a person comes into this State in obedience to a summons
directing him to attend and testify in this State he shall not while
in this State pursuant to such summons be subject to arrest or the
service of process, civil or criminal, in connection with matters
which arose before his entrance into this State under the summons.
If a person passes through this State while going to another State
in obedience to a summons to attend and testify in that State or
while returning therefrom, he shall not while so passing through
this State be subject to arrest or the service of process, civil or
criminal, in connection with matters which arose before his
entrance into this State under the summons.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 1285, ch. 477, Sec. 1, eff. Aug.
27, 1973.
Art. 24.29. Uniform Act to secure rendition of prisoners in
criminal proceedings
Short title
Sec. 1. This article may be cited as the "Uniform Act to Secure
Rendition of Prisoners in Criminal Proceedings."
Definitions
Sec. 2. In this Act:
(1) "Penal institution" means a jail, prison, penitentiary, house
of correction, or other place of penal detention.
(2) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory of the
United States.
(3) "Witness" means a person who is confined in a penal institution
in a state and whose testimony is desired in another state in a
criminal proceeding or investigation by a grand jury or in any
criminal action before a court.
Summoning witness in this state to testify in another state
Sec. 3. (a) A judge of a state court of record in another state,
which by its laws has made provision for commanding persons
confined in penal institutions within that state to attend and
testify in this state, may certify that:
(1) there is a criminal proceeding or investigation by a grand jury
or a criminal action pending in the court;
(2) a person who is confined in a penal institution in this state
may be a material witness in the proceeding, investigation, or
action; and
(3) his presence will be required during a specified time.
(b) On presentation of the certificate to any judge having
jurisdiction over the person confined and on notice to the attorney
general, the judge in this state shall fix a time and place for a
hearing and shall make an order directed to the person having
custody of the prisoner requiring that the prisoner be produced
before him at the hearing.
Court order
Sec. 4. (a) A judge may issue a transfer order if at the hearing the
judge determines that:
(1) the witness may be material and necessary;
(2) his attending and testifying are not adverse to the interest of
this state or to the health or legal rights of the witness;
(3) the laws of the state in which he is requested to testify will
give him protection from arrest and the service of civil and
criminal process because of any act committed prior to his arrival
in the state under the order; and
(4) as a practical matter the possibility is negligible that the
witness may be subject to arrest or to the service of civil or
criminal process in any state through which he will be required to
pass.
(b) If a judge issues an order under Subsection (a) of this section,
the judge shall attach to the order a copy of a certificate
presented under Section 3 of this Act. The order shall:
(1) direct the witness to attend and testify;
(2) except as provided by Subsection (c) of this section, direct the
person having custody of the witness to produce him in the court
where the criminal action is pending or where the grand jury
investigation is pending at a time and place specified in the order;
and
(3) prescribe such conditions as the judge shall determine.
(c) The judge, in lieu of directing the person having custody of the
witness to produce him in the requesting jurisdiction's court, may
direct and require in his order that:
(1) an officer of the requesting jurisdiction come to the Texas
penal institution in which the witness is confined to accept
custody of the witness for physical transfer to the requesting
jurisdiction;
(2) the requesting jurisdiction provide proper safeguards on his
custody while in transit;
(3) the requesting jurisdiction be liable for and pay all expenses
incurred in producing and returning the witness, including but not
limited to food, lodging, clothing, and medical care; and
(4) the requesting jurisdiction promptly deliver the witness back
to the same or another Texas penal institution as specified by the
Texas Department of Corrections at the conclusion of his testimony.
Terms and conditions
Sec. 5. An order to a witness and to a person having custody of the
witness shall provide for the return of the witness at the
conclusion of his testimony, proper safeguards on his custody, and
proper financial reimbursement or prepayment by the requesting
jurisdiction for all expenses incurred in the production and return
of the witness. The order may prescribe any other condition the
judge thinks proper or necessary. The judge shall not require
prepayment of expenses if the judge directs and requires the
requesting jurisdiction to accept custody of the witness at the
Texas penal institution in which the witness is confined and to
deliver the witness back to the same or another Texas penal
institution at the conclusion of his testimony. An order does not
become effective until the judge of the state requesting the
witness enters an order directing compliance with the conditions
prescribed.
Exceptions
Sec. 6. This Act does not apply to a person in this state who is
confined as mentally ill or who is under sentence of death.
Prisoner from another state summoned to testify in this state
Sec. 7. (a) If a person confined in a penal institution in any other
state may be a material witness in a criminal action pending in a
court of record or in a grand jury investigation in this state, a
judge of the court may certify that:
(1) there is a criminal proceeding or investigation by a grand jury
or a criminal action pending in the court;
(2) a person who is confined in a penal institution in the other
state may be a material witness in the proceeding, investigation,
or action; and
(3) his presence will be required during a specified time.
(b) The judge of the court in this state shall:
(1) present the certificate to a judge of a court of record in the
other state having jurisdiction over the prisoner confined; and
(2) give notice that the prisoner's presence will be required to the
attorney general of the state in which the prisoner is confined.
Compliance
Sec. 8. A judge of the court in this state may enter an order
directing compliance with the terms and conditions of an order
specified in a certificate under Section 3 of this Act and entered
by the judge of the state in which the witness is confined.
Exemption from arrest and service of process
Sec. 9. If a witness from another state comes into or passes through
this state under an order directing him to attend and testify in
this or another state, while in this state pursuant to the order he
is not subject to arrest or the service of civil or criminal process
because of any act committed prior to his arrival in this state
under the order.
Uniformity of interpretation
Sec. 10. This Act shall be so construed as to effect its general
purpose to make uniform the laws of those states which enact it.
Acts 1983, 68th Leg., p. 1068, ch. 240, Sec. 1, eff. Aug. 29, 1983.
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