1-1 By: Stiles (Senate Sponsor - West) H.B. No. 941
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Criminal Justice; May 11, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the service and return of a subpoena in a criminal
1-9 proceeding.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 24.04, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 24.04. SERVICE AND RETURN OF SUBPOENA. (a) A subpoena
1-14 is served by:
1-15 (1) reading the subpoena <same> in the hearing of the
1-16 witness;
1-17 (2) <or by> delivering a copy of the subpoena to the
1-18 witness; or
1-19 (3) mailing a copy of the subpoena by certified mail,
1-20 return receipt requested, to the last known address of the witness
1-21 unless:
1-22 (A) the applicant for the subpoena requests in
1-23 writing that the subpoena not be served by certified mail; or
1-24 (B) the proceeding for which the witness is
1-25 being subpoenaed is set to begin within seven business days after
1-26 the date the subpoena would be mailed.
1-27 (b) The officer having the subpoena shall make due return
1-28 thereof, showing the time and manner of service, if served under
1-29 Subsection (a)(1) or (2) of this article, or the return receipt, if
1-30 served under Subsection (a)(3) of this article. If the subpoena
1-31 is <and if> not served, the officer <he> shall show in his return
1-32 the cause of his failure to serve it. If a mailed subpoena is
1-33 returned undelivered, the officer shall use due diligence to locate
1-34 and serve the witness. If <; and if> the witness could not be
1-35 found, the officer <he> shall state the diligence he has used to
1-36 find him, and what information he has as to the whereabouts of the
1-37 witness.
1-38 SECTION 2. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended,
1-43 and that this Act take effect and be in force from and after its
1-44 passage, and it is so enacted.
1-45 * * * * *