CHAPTER 24. SUBPOENA AND ATTACHMENT - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 24. SUBPOENA AND ATTACHMENT

Art. 24.01. 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.

(c) If the witness is in a placement in the custody of the Texas

Youth Commission, a juvenile secure detention facility, or a

juvenile secure correctional facility, the court may issue a

bench warrant or direct that an attachment issue to require a

peace officer or probation officer to secure custody of the

person at the placement and produce the person in court. When

the person is no longer needed as a witness, the court shall

order the peace officer or probation officer to return the person

to the placement from which the person was released.

(d) The court may order that the person who is the witness be

detained in a certified juvenile detention facility if the person

is younger than 17 years of age. If the person is at least 17

years of age, the court may order that the person be detained

without bond in an appropriate county facility for the detention

of adults accused of criminal offenses.

(e) In this article, "secure detention facility" and "secure

correctional facility" have the meanings assigned by Section

51.02, Family Code.

Acts 1987, 70th Leg., ch. 520, Sec. 1, eff. June 17, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

949, Sec. 32, eff. September 1, 2005.

Art. 24.02. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 Texas Department of Criminal

Justice 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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.013, eff. September 1, 2009.

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 Criminal Justice 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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.014, eff. September 1, 2009.