| 1 | 1 | | 89R2279 CJD-F |
|---|
| 2 | 2 | | By: Vasut H.B. No. 525 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to a subpoena to compel the attendance of certain peace |
|---|
| 10 | 10 | | officers who are witnesses in a misdemeanor case punishable by fine |
|---|
| 11 | 11 | | only. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Article 24.16, Code of Criminal Procedure, is |
|---|
| 14 | 14 | | amended to read as follows: |
|---|
| 15 | 15 | | Art. 24.16. APPLICATION FOR OUT-COUNTY WITNESS. In [Where, |
|---|
| 16 | 16 | | in] misdemeanor cases in which confinement in jail is a permissible |
|---|
| 17 | 17 | | punishment, or in felony cases, if a witness resides out of the |
|---|
| 18 | 18 | | county in which the prosecution is pending, or in a misdemeanor case |
|---|
| 19 | 19 | | punishable by fine only, if a peace officer is a witness residing |
|---|
| 20 | 20 | | out of the county in which the prosecution is pending, the state |
|---|
| 21 | 21 | | [State] or the defendant is [shall be] entitled, either in |
|---|
| 22 | 22 | | term-time or in vacation, to a subpoena to compel the attendance of |
|---|
| 23 | 23 | | the [such] witness on application to the proper clerk or |
|---|
| 24 | 24 | | magistrate. The [Such] application must [shall] be in the manner |
|---|
| 25 | 25 | | and form as provided in Article 24.03. Witnesses in [such] |
|---|
| 26 | 26 | | misdemeanor cases shall be compensated in the same manner as in |
|---|
| 27 | 27 | | felony cases. This article does [Article shall] not apply to more |
|---|
| 28 | 28 | | than one character witness in a misdemeanor case. |
|---|
| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 30 | 30 | | to a criminal proceeding that commences on or after the effective |
|---|
| 31 | 31 | | date of this Act. A criminal proceeding that commences before the |
|---|
| 32 | 32 | | effective date of this Act is governed by the law in effect on the |
|---|
| 33 | 33 | | date the proceeding commenced, and the former law is continued in |
|---|
| 34 | 34 | | effect for that purpose. |
|---|
| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|