Bill Text: TX HB3881 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the issuance of a writ of attachment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-17 - Left pending in committee [HB3881 Detail]
Download: Texas-2017-HB3881-Introduced.html
85R3597 MAW-D | ||
By: Alvarado | H.B. No. 3881 |
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relating to the issuance of a writ of attachment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.212 to read as follows: | ||
Art. 2.212. WRIT OF ATTACHMENT REPORTING. Not later than | ||
the 30th day after the date a writ of attachment is issued in a | ||
district court, statutory county court, or county court, the clerk | ||
of the court shall report to the Texas Judicial Council: | ||
(1) the date the attachment was issued; | ||
(2) whether the attachment was issued in connection | ||
with a grand jury investigation, criminal trial, or other criminal | ||
proceeding; | ||
(3) the names of the person requesting and the judge | ||
issuing the attachment; and | ||
(4) the statutory authority under which the attachment | ||
was issued. | ||
SECTION 2. Article 20.10, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.10. ATTORNEY OR FOREMAN MAY ISSUE SUMMONS OR | ||
REQUEST ATTACHMENT [ |
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state[ |
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(1) issue a summons [ |
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the county in which the grand jury is [ |
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(2) request that the district judge issue an | ||
attachment for any witness in the county in which the grand jury is | ||
sitting. | ||
(b) The [ |
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witness to appear before the grand jury [ |
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immediately [ |
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investigation. | ||
SECTION 3. Article 20.11, Code of Criminal Procedure, is | ||
amended by amending Section 1 and adding Section 1-a to read as | ||
follows: | ||
Sec. 1. The foreman or the attorney representing the State | ||
may, on [ |
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the name and residence of the witness and that the witness's [ |
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testimony is believed to be material, cause a subpoena [ |
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witness, returnable to the grand jury then in session, or to the | ||
next grand jury for the county from which the subpoena was [ |
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subpoena may require the witness to appear and produce records and | ||
documents. | ||
Sec. 1-a. The foreman or the attorney representing the | ||
state may, on written application to the district court stating the | ||
name and residence of the witness and that the witness's testimony | ||
is believed to be material, request that the district judge issue an | ||
attachment for the witness to any county in the state. The [ |
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attachment shall command the sheriff or any constable of the county | ||
where the witness resides to serve the witness, and have the witness | ||
[ |
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the time and place specified in the attachment [ |
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SECTION 4. Article 20.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.12. ATTACHMENT IN TERM TIME OR VACATION. The | ||
attorney representing the state or the foreman may request that | ||
[ |
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under [ |
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vacation. | ||
SECTION 5. Article 24.11, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.11. REQUISITES OF AN "ATTACHMENT". An "attachment" | ||
is a writ issued by a [ |
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magistrate [ |
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action or proceeding authorized by law, commanding a [ |
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officer to take the body of a witness and bring the witness [ |
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before the [ |
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pending, immediately or [ |
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specified in the attachment [ |
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behalf of the State or of the defendant, as applicable [ |
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the magistrate [ |
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SECTION 6. Chapter 24, Code of Criminal Procedure, is | ||
amended by adding Article 24.111 to read as follows: | ||
Art. 24.111. HEARING REQUIRED BEFORE ISSUANCE OF | ||
ATTACHMENT. (a) Notwithstanding any other law, a writ of | ||
attachment may only be issued to compel the testimony of a witness | ||
in a criminal action or proceeding if the issuing magistrate | ||
determines, after notice to the witness and a hearing in open court, | ||
that the witness is a material witness and issuance of the | ||
attachment is necessary to ensure the testimony of the witness. If | ||
the witness does not reside in the county in which the action or | ||
proceeding is pending, the hearing required by this article must be | ||
held in open court before a magistrate in the witness's county of | ||
residence. | ||
(b) The issuing magistrate shall appoint an attorney to | ||
represent the witness at the hearing described by Subsection (a). | ||
(c) This article does not apply to an attachment issued | ||
under Article 24.13 or 49.14. | ||
SECTION 7. Article 24.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.12. WHEN ATTACHMENT MAY ISSUE. When a witness who | ||
resides in the county of the prosecution has been duly served with a | ||
subpoena to appear and testify in any criminal action or proceeding | ||
fails to so appear, the State or the defendant may request that the | ||
applicable magistrate issue an attachment [ |
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SECTION 8. Article 24.14, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.14. ATTACHMENT FOR RESIDENT WITNESS. (a) When a | ||
witness resides in the county of the prosecution, regardless of | ||
whether the witness [ |
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in term time [ |
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request that the court issue an attachment for the witness by filing | ||
an affidavit with the clerk of the court stating[ |
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[ |
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witness is a material witness[ |
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county. | ||
(b) If an attachment is issued under this article, | ||
regardless of whether the case involves a felony or [ |
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misdemeanor [ |
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[ |
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take the witness's [ |
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SECTION 9. Article 24.15, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.15. TO SECURE ATTENDANCE BEFORE GRAND JURY. At any | ||
time before the first day of any term of the district court, the | ||
clerk, on [ |
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subpoena for any witness who resides in the county. If at the time | ||
the [ |
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application that the attorney [ |
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does believe that the [ |
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county, then the district judge may [ |
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attachment for the [ |
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district court on the first day of the term [ |
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a witness before the grand jury. Any witness so summoned, or | ||
attached, who fails [ |
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subpoena or attachment, shall be punished by the court by a fine not | ||
exceeding five hundred dollars, to be collected as fines and costs | ||
in other criminal cases. | ||
SECTION 10. Article 24.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 24.22. WITNESS FINED AND ATTACHED. (a) If a witness | ||
summoned from outside [ |
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subpoena, the witness [ |
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not exceeding five hundred dollars, which fine and judgment shall | ||
be final, unless set aside after due notice to show cause why it | ||
should not be final, which notice may immediately issue, requiring | ||
the defaulting witness to appear at once or at the next term of the | ||
[ |
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subpoena [ |
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(b) The court may cause to be issued at the same time an | ||
attachment for the [ |
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commanding the officer to whom the attachment [ |
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directed to take the [ |
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witness [ |
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in the attachment [ |
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shall receive no fees, unless it appears to the court that the | ||
[ |
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same pay as if the witness [ |
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(c) The [ |
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[ |
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cases. The [ |
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at the time or any subsequent term of the court for good cause | ||
shown, after the witness testifies or has been discharged. | ||
(d) The following words shall be written or printed on the | ||
face of a [ |
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not exceeding five hundred dollars, to be collected as fines and | ||
costs in other criminal cases." | ||
SECTION 11. Section 71.034(e), Government Code, is amended | ||
to read as follows: | ||
(e) In addition to the information described by Subsection | ||
(a), the council shall include in the report a summary of | ||
information provided to the council during the preceding year under | ||
Articles [ |
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SECTION 12. The change in law made by this Act applies only | ||
to a writ of attachment issued on or after the effective date of | ||
this Act. A writ of attachment issued before the effective date of | ||
this Act is governed by the law in effect on the date the writ was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 13. This Act takes effect September 1, 2017. |