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A BILL TO BE ENTITLED
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AN ACT
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relating to a subpoena to compel the attendance of certain peace |
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officers who are witnesses in a misdemeanor case punishable by fine |
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only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 24.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 24.16. APPLICATION FOR OUT-COUNTY WITNESS. In [Where, |
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in] misdemeanor cases in which confinement in jail is a permissible |
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punishment, or in felony cases, if a witness resides out of the |
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county in which the prosecution is pending, or in a misdemeanor case |
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punishable by fine only, if a peace officer is a witness residing |
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out of the county in which the prosecution is pending, the state |
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[State] or the defendant is [shall be] entitled, either in |
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term-time or in vacation, to a subpoena to compel the attendance of |
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the [such] witness on application to the proper clerk or |
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magistrate. The [Such] application must [shall] be in the manner |
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and form as provided in Article 24.03. Witnesses in [such] |
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misdemeanor cases shall be compensated in the same manner as in |
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felony cases. This article does [Article shall] not apply to more |
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than one character witness in a misdemeanor case. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |