Bill Text: TX SB291 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the issuance of a writ of attachment for certain witnesses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-05-29 - Effective on 9/1/17 [SB291 Detail]
Download: Texas-2017-SB291-Enrolled.html
S.B. No. 291 |
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relating to the issuance of a writ of attachment for certain | ||
witnesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.212 to read as follows: | ||
Art. 2.212. WRIT OF ATTACHMENT REPORTING. Not later than | ||
the 30th day after the date a writ of attachment is issued in a | ||
district court, statutory county court, or county court, the clerk | ||
of the court shall report to the Texas Judicial Council: | ||
(1) the date the attachment was issued; | ||
(2) whether the attachment was issued in connection | ||
with a grand jury investigation, criminal trial, or other criminal | ||
proceeding; | ||
(3) the names of the person requesting and the judge | ||
issuing the attachment; and | ||
(4) the statutory authority under which the attachment | ||
was issued. | ||
SECTION 2. Article 24.011, Code of Criminal Procedure, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) If the defendant or the attorney representing the | ||
state requests the issuance of an attachment under this article, | ||
other than an attachment for a witness described by Subsection (c), | ||
the request must include the applicable affidavit described by | ||
Article 24.12. | ||
SECTION 3. Chapter 24, Code of Criminal Procedure, is | ||
amended by adding Article 24.111 to read as follows: | ||
Art. 24.111. HEARING REQUIRED BEFORE ISSUANCE OF CERTAIN | ||
WRITS OF ATTACHMENT. (a) This article applies only to an | ||
attachment that is requested to be issued under: | ||
(1) Article 24.011, if an affidavit is required under | ||
Article 24.011(b-1); or | ||
(2) Article 24.12, 24.14, or 24.22. | ||
(b) Notwithstanding any other law, a writ of attachment to | ||
which this article applies may only be issued by the judge of the | ||
court in which the witness is to testify if the judge determines, | ||
after a hearing, that the issuance of the attachment is in the best | ||
interest of justice. | ||
(c) In making a determination under Subsection (b), the | ||
judge shall consider the affidavit of the attorney representing the | ||
state or the defendant, as applicable, that was submitted with the | ||
request for the issuance of the attachment. | ||
(d) The court shall appoint an attorney to represent the | ||
witness at the hearing under Subsection (b), including a hearing | ||
conducted outside the presence of the witness. | ||
SECTION 4. Article 24.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
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 attorney representing the state [ |
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the defendant may request that the court issue an attachment [ |
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witness. The request must be filed with the clerk of the court and | ||
must include an affidavit of the attorney representing the state or | ||
the defendant, as applicable, stating that the affiant has good | ||
reason to believe, and does believe, that the witness is a material | ||
witness. | ||
SECTION 5. Article 24.14, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.14. ATTACHMENT FOR RESIDENT WITNESS. | ||
(a) Regardless of whether the witness has disobeyed a subpoena, if | ||
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about to move out of the county, [ |
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representing the state may request that the court issue an | ||
attachment for the witness. The request must be filed with the | ||
clerk of the court and must include the applicable affidavit | ||
described by Article 24.12, except that the affidavit must | ||
additionally state [ |
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good reason to believe, and does believe, that the [ |
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[ |
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(b) If an attachment is issued under this article in a[ |
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oath that the witness [ |
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executing the attachment shall take the witness's [ |
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bond. | ||
SECTION 6. Article 24.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.22. WITNESS FINED AND ATTACHED. (a) If a witness | ||
summoned from outside [ |
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subpoena, the witness [ |
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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 the | ||
[ |
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subpoena [ |
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(b) At the time a fine is imposed under Subsection (a), on | ||
request of the defendant or the attorney representing the state, | ||
the [ |
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attachment for the [ |
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commanding the officer to whom the attachment [ |
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directed to take the [ |
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witness [ |
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in the attachment [ |
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shall receive no fees, unless it appears to the court that the | ||
[ |
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same pay as if the witness [ |
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(c) A request for the issuance of an attachment under | ||
Subsection (b) must include the applicable affidavit described by | ||
Article 24.12. | ||
(d) The [ |
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[ |
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cases. The [ |
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at the time or any subsequent term of the court for good cause | ||
shown, after the witness testifies or has been discharged. | ||
(e) The following words shall be written or printed on the | ||
face of a [ |
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not exceeding five hundred dollars, to be collected as fines and | ||
costs in other criminal cases." | ||
SECTION 7. Chapter 24, Code of Criminal Procedure, is | ||
amended by adding Articles 24.221 and 24.222 to read as follows: | ||
Art. 24.221. AFFIDAVIT REGARDING CONFINEMENT. As soon as | ||
practicable after the sheriff takes custody of a witness pursuant | ||
to an attachment issued as provided by Article 24.111, the sheriff | ||
shall submit an affidavit to the issuing court stating that the | ||
sheriff has taken custody of the witness. | ||
Art. 24.222. HEARING DURING CONFINEMENT OF WITNESS. (a) A | ||
witness who has been confined for at least 24 hours pursuant to an | ||
attachment issued as provided by Article 24.111 may request a | ||
hearing in the issuing court regarding whether the continued | ||
confinement of the witness is necessary. The court shall grant the | ||
request and hold the hearing as soon as practicable. | ||
(b) Any subsequent request for a hearing may be granted only | ||
if the court determines that holding the hearing is in the best | ||
interest of justice. | ||
(c) The attorney appointed for the witness under Article | ||
24.111 shall represent the witness at a hearing under this article. | ||
SECTION 8. Section 71.034(e), Government Code, is amended | ||
to read as follows: | ||
(e) In addition to the information described by Subsection | ||
(a), the council shall include in the report a summary of | ||
information provided to the council during the preceding year under | ||
Articles [ |
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SECTION 9. The change in law made by this Act applies only | ||
to a writ of attachment issued on or after the effective date of | ||
this Act. A writ of attachment issued before the effective date of | ||
this Act is governed by the law in effect on the date the writ was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 291 passed the Senate on | ||
April 5, 2017, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 22, 2017, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 291 passed the House, with | ||
amendment, on May 17, 2017, by the following vote: Yeas 139, | ||
Nays 4, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |