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89(R) HB 525 - Introduced version - Bill Text
89R2279 CJD-F
By: Vasut
H.B. No. 525
A BILL TO BE ENTITLED
AN ACT
relating to a subpoena to compel the attendance of certain peace
officers who are witnesses in a misdemeanor case punishable by fine
only.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 24.16, Code of Criminal Procedure, is
amended to read as follows:
Art. 24.16. APPLICATION FOR OUT-COUNTY WITNESS.
In
[
Where,
in
] misdemeanor cases in which confinement in jail is a permissible
punishment, or in felony cases,
if
a witness resides out of the
county in which the prosecution is pending,
or in a misdemeanor case
punishable by fine only, if a peace officer is a witness residing
out of the county in which the prosecution is pending,
the
state
[
State
] or the defendant
is
[
shall be
] entitled, either in
term-time or in vacation, to a subpoena to compel the attendance of
the
[
such
] witness on application to the proper clerk or
magistrate.
The
[
Such
] application
must
[
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 does
[
Article shall
] not apply to more
than one character witness in a misdemeanor case.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.