1-1     By:  Shapleigh                                         S.B. No. 857

 1-2           (In the Senate - Filed February 27, 1997; March 5, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     March 26, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 26, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 857                    By:  Ogden

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to an application for issuance of a subpoena.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Article 24.03, Code of Criminal

1-13     Procedure, is amended to read as follows:

1-14           (a)  Before the clerk or his deputy shall be required or

1-15     permitted to issue a subpoena in any felony case pending in any

1-16     district or criminal district court of this State of which he is

1-17     clerk or deputy, the defendant or his attorney or the State's

1-18     attorney shall make an [written, sworn] application in writing or

1-19     by electronic means to such clerk for each witness desired.  Such

1-20     application shall state the name of each witness desired, the

1-21     location and vocation, if known, and that the testimony of said

1-22     witness is material to the State or to the defense.  The

1-23     application must be filed with the clerk [and placed with the

1-24     papers in the cause] and made available to both the State and the

1-25     defendant.  Except as provided by Subsection (b) [of this article],

1-26     as far as is practical such clerk shall include in one subpoena the

1-27     names of all witnesses for the State and for defendant, and such

1-28     process shall show that the witnesses are summoned for the State or

1-29     for the defendant.  When a witness has been served with a subpoena,

1-30     attached or placed under bail at the instance of either party in a

1-31     particular case, such execution of process shall inure to the

1-32     benefit of the opposite party in such case in the event such

1-33     opposite party desires to use such witness on the trial of the

1-34     case, provided that when a witness has once been served with a

1-35     subpoena, no further subpoena shall be issued for said witness.

1-36           SECTION 2.  The importance of this legislation and the

1-37     crowded condition of the calendars in both houses create an

1-38     emergency and an imperative public necessity that the

1-39     constitutional rule requiring bills to be read on three several

1-40     days in each house be suspended, and this rule is hereby suspended,

1-41     and that this Act take effect and be in force from and after its

1-42     passage, and it is so enacted.

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