reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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 or the defendant 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 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.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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 (S.B. 1969), Sec. 25.013, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.14. Attachment for Resident Witness

(a)  Regardless of whether the witness has disobeyed a subpoena, if a witness who resides in the county of the prosecution may be about to move out of the county, the defendant or the attorney 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 that the affiant has good reason to believe, and does believe, that the witness is about to move out of the county.
(b)  If an attachment is issued under this article in a misdemeanor case, when the witness makes oath that the witness cannot give surety, the officer executing the attachment shall take the witness's personal bond.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.22. Witness Fined and Attached

(a)  If a witness summoned from outside the county refuses to obey a subpoena, the witness 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 the court, in the discretion of the magistrate issuing the subpoena, to answer for the default.
(b)  At the time a fine is imposed under Subsection (a), on request of the defendant or the attorney representing the state, the court may cause to be issued an attachment for the witness, directed to the proper county, commanding the officer to whom the attachment is directed to take the witness into custody and have the witness before the court at the time specified in the attachment; in which case the witness shall receive no fees, unless it appears to the court that the disobedience is excusable, when the witness may receive the same pay as if the witness had not been attached.
(c)  A request for the issuance of an attachment under Subsection (b) must include the applicable affidavit described by Article 24.12.
(d)  The fine when made final and all related costs shall be collected in the same manner as in other criminal cases.  The 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.
(e)  The following words shall be written or printed on the face of a subpoena for an out-of-county witness:  "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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State › Section 1. Short Title

Sec. 1. SHORT TITLE.  This Act may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings".
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State › Section 2. Definitions

Sec. 2. DEFINITIONS.  "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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State › Section 3. Summoning Witness in This State to Testify in Another State

Sec. 3. SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.    (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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State › Section 4. Witness From Another State Summoned to Testify in This State

Sec. 4. WITNESS FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.    (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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State › Section 5. Exemption From Arrest and Service of Process

Sec. 5. EXEMPTION FROM ARREST AND SERVICE OF PROCESS.  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 1. Short Title

Sec. 1. SHORT TITLE.  This article may be cited as the "Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings."
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 2. Definitions

Sec. 2. DEFINITIONS.  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 3. Summoning Witness in This State to Testify in Another State

Sec. 3. SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.    (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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 4. Court Order

Sec. 4. COURT ORDER.    (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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 5. Terms and Conditions

Sec. 5. TERMS AND CONDITIONS.  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 6. Exceptions

Sec. 6. EXCEPTIONS.  This Act does not apply to a person in this state who is confined as mentally ill or who is under sentence of death.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 7. Prisoner From Another State Summoned to Testify in This State

Sec. 7. PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.    (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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 8. Compliance

Sec. 8. COMPLIANCE.  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 9. Exemption From Arrest and Service of Process

Sec. 9. EXEMPTION FROM ARREST AND SERVICE OF PROCESS.  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24 - Subpoena and Attachment › Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings › Section 10. Uniformity of Interpretation

Sec. 10. UNIFORMITY OF INTERPRETATION.  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 (S.B. 1969), Sec. 25.014, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24A - Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information › Subchapter A. Responding to Subpoenas and Certain Other Court Orders › Article 24A.001. Applicability of Subchapter

This subchapter applies only to a subpoena, search warrant, or other court order that:
(1)  relates to the investigation or prosecution of a criminal offense under:
(A)  Section 21.02, 21.11, 22.011, or 22.021, Penal Code;
(B)  Chapter 20A, Penal Code;
(C)  Section 33.021, Penal Code; or
(D)  Chapter 43, Penal Code; and
(2)  is served on or issued with respect to an online service provider that provides service in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24A - Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information › Subchapter A. Responding to Subpoenas and Certain Other Court Orders › Article 24A.0015. Definition

In this chapter, "online service provider" means an Internet service provider, search engine, web hosting company, web browsing company, manufacturer of devices providing online application platforms, or company providing online social media platforms.
Added by Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 2, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24A - Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information › Subchapter A. Responding to Subpoenas and Certain Other Court Orders › Article 24A.002. Response Required; Deadline for Response

(a)  Except as provided by Subsection (b), not later than the 10th day after the date on which an online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online service provider shall:
(1)  fully comply with the subpoena, warrant, or order; or
(2)  petition a court to excuse the online service provider from complying with the subpoena, warrant, or order.
(b)  As soon as is practicable, and in no event later than the second business day after the date the online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online service provider shall fully comply with the subpoena, search warrant, or order if the subpoena, search warrant, or order indicates that full compliance is necessary to address a situation that threatens a person with death or other serious bodily injury.
(c)  For the purposes of Subsection (a)(1), full compliance with the subpoena, warrant, or order includes:
(1)  producing or providing, to the extent permitted under federal law, all documents or information requested under the subpoena, warrant, or order; or
(2)  providing, to the extent permitted under federal law, electronic access to all documents or information requested under the subpoena, warrant, or order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24A - Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information › Subchapter A. Responding to Subpoenas and Certain Other Court Orders › Article 24A.003. Disobeying Subpoena, Warrant, or Order

An  online service provider that disobeys a subpoena, search warrant, or other court order described by Article 24A.001 and that was not excused from complying with the subpoena, warrant, or order under Article 24A.002(a)(2) may be punished in any manner provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 24A - Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information › Subchapter B. Preserving Certain Information › Article 24A.051. Preserving Information

(a)  On written request of a law enforcement agency in this state or a federal law enforcement agency and pending the issuance of a subpoena or other court order described by Article 24A.001, an online service provider that provides service in this state shall take all steps necessary to preserve all records or other potential evidence in a criminal trial that is in the possession of the online service provider.
(b)  Subject to Subsection (c), an online service provider shall preserve information under Subsection (a) for a period of 90 days after the date the online service provider receives the written request described by Subsection (a).
(c)  An online service provider shall preserve information under Subsection (a) for the 90-day period immediately following the 90-day period described by Subsection (b) if the requesting law enforcement agency in writing requests an extension of the preservation period.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 25 - Service of a Copy of the Indictment › Article 25.01. In Felony

In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where an indictment has been presented shall immediately make a certified copy of the same, and deliver such copy to the sheriff, together with a writ directed to such sheriff, commanding him forthwith to deliver such certified copy to the accused.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 25 - Service of a Copy of the Indictment › Article 25.02. Service and Return

Upon receipt of such writ and copy, the sheriff shall immediately deliver such certified copy of the indictment to the accused and return the writ to the clerk issuing the same, with his return thereon, showing when and how the same was executed.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 25 - Service of a Copy of the Indictment › Article 25.03. If on Bail in Felony

When the accused, in case of felony, is on bail at the time the indictment is presented, the clerk shall deliver a copy of the indictment to the accused or the accused's counsel at the earliest possible time.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.03, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 25 - Service of a Copy of the Indictment › Article 25.04. In Misdemeanor

In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.04, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.01. Arraignment

In all felony cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.011. Waiver of Arraignment

An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver.
Added by Acts 2001, 77th Leg., ch. 818, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.02. Purpose of Arraignment

An arraignment takes place for the purpose of fixing his identity and hearing his plea.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.03. Time of Arraignment

No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.041. Procedures Related to Guardianships

(a)  In this article:
(1)  "Guardian" has the meaning assigned by Section 1002.012, Estates Code.
(2)  "Letters of guardianship" means a certificate issued under Section 1106.001(a), Estates Code.
(b)  A guardian who provides a court with letters of guardianship for a defendant may:
(1)  provide information relevant to the determination of indigency; and
(2)  request that counsel be appointed in accordance with this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 688 (H.B. 634), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.045. Public Defender Oversight Board

(a)  The commissioners court of a county or the commissioners courts of two or more counties may establish an oversight board for a public defender's office created or designated in accordance with this chapter.
(b)  The commissioners court or courts that establish an oversight board under this article shall appoint members of the board.  Members may include one or more of the following:
(1)  an attorney;
(2)  the judge of a trial court in this state;
(3)  a county commissioner;
(4)  a county judge;
(5)  a community representative; and
(6)  a former client or a family member of a former client of the public defender's office for which the oversight board was established under this article.
(c)  The commissioners court or courts may delegate to the board any power or duty of the commissioners court to provide oversight of the office under Article 26.044, including:
(1)  recommending selection and removal of a chief public defender;
(2)  setting policy for the office; and
(3)  developing a budget proposal for the office.
(d)  An oversight board established under this article may not gain access to privileged or confidential information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.056. Contribution From State in Certain Counties › Section 1.

Sec. 1. A county in which a state training school for delinquent children is located shall pay from its general fund the first $250 of fees awarded for court-appointed counsel under Article 26.05 toward defending a child committed to the school from another county who is being prosecuted for a felony or misdemeanor in the county where the training school is located.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.056. Contribution From State in Certain Counties › Section 2.

Sec. 2. If the fees awarded for counsel compensation are in excess of $250, the court shall certify the amount in excess of $250 to the Comptroller of Public Accounts of the State of Texas.  The Comptroller shall issue a warrant to the court-appointed counsel in the amount certified to the comptroller by the court.
Acts 1967, 60th Leg., p. 733, ch. 307, Sec. 1, eff. Aug. 28, 1967.  Renumbered from art. 26.05-1 by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(2), eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.06. Elected Officials Not to Be Appointed

No court may appoint an elected county, district or state official to represent a person accused of crime, unless the official has notified the court of his availability for appointment.  If an official has notified the court of his availability and is appointed as counsel, he may decline the appointment if he determines that it is in the best interest of his office to do so.  Nothing in this Code shall modify any statutory provision for legislative continuance.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.07. Name as Stated in Indictment

When the defendant is arraigned, his name, as stated in the indictment, shall be distinctly called;  and unless he suggest by himself or counsel that he is not indicted by his true name, it shall be taken that his name is truly set forth, and he shall not thereafter be allowed to deny the same by way of defense.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.08. If Defendant Suggests Different Name

If the defendant, or his counsel for him, suggests that he bears some name different from that stated in the indictment, the same shall be noted upon the minutes of the court, the indictment corrected by inserting therein the name of the defendant as suggested by himself or his counsel for him, the style of the case changed so as to give his true name, and the cause proceed as if the true name had been first recited in the indictment.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.09. If Accused Refuses to Give His Real Name

If the defendant alleges that he is not indicted by his true name, and refuses to say what his real name is, the cause shall proceed as if the name stated in the indictment were true;  and the defendant shall not be allowed to contradict the same by way of defense.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 26 - Arraignment › Article 26.10. Where Name Is Unknown

A defendant described as a person whose name is unknown may have the indictment so corrected as to give therein his true name.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.