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Texas Code of Criminal Procedure - Article 24.28. Uniform Act To Secure Attendance Of Witnesses From Without State

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Art. 24.28. [486A] UNIFORM ACT TO SECURE ATTENDANCE OF 
WITNESSES FROM WITHOUT STATE.  

Short Title
	Sec. 1. This Act may be cited as the "Uniform Act to Secure 
the Attendance of Witnesses from Without the State in Criminal 
Proceedings".

Definitions
	Sec. 2. "Witness" as used in this Act shall include a person 
whose testimony is desired in any proceeding or investigation by a 
grand jury or in a criminal action, prosecution or proceeding.
	The word "State" shall include any territory of the United 
States and the District of Columbia.
	The word "summons" shall include a subpoena, order or other 
notice requiring the appearance of a witness.

Summoning witness in this State to testify in another State
	Sec. 3. (a) If a judge of a court of record in any State which 
by its laws has made provision for commanding persons within that 
State to attend and testify in this State certifies under the seal 
of such court that there is a criminal prosecution pending in such 
court, or that a grand jury investigation has commenced or is about 
to commence, that a person being within this State is a material 
witness in such prosecution, or grand jury investigation, and that 
his presence will be required for a specified number of days, upon 
presentation of such certificate to any judge of a court of record 
in the county in which such person is, such judge shall fix a time 
and place for a hearing, and shall make an order directing the 
witness to appear at a time and place certain for the hearing.
	(b)  If at a hearing the judge determines that the witness is 
material and necessary, that it will not cause undue hardship to the 
witness to be compelled to attend and testify in the prosecution or 
a grand jury investigation in the other State, and that the laws of 
the State in which the prosecution is pending, or grand jury 
investigation has commenced or is about to commence, (and of any 
other State through which the witness may be required to pass by 
ordinary course of travel), will give to him protection from arrest 
and the service of civil and criminal process, he shall issue a 
summons, with a copy of the certificate attached, directing the 
witness to attend and testify in the court where the prosecution is 
pending, or where a grand jury investigation has commenced or is 
about to commence at a time and place specified in the summons.  In 
any such hearing the certificate shall be prima facie evidence of 
all the facts stated therein.
	(c)  If said certificate recommends that the witness be taken 
into immediate custody and delivered to an officer of the 
requesting State to assure his attendance in the requesting State, 
such judge may, in lieu of notification of the hearing, direct that 
such witness be forthwith brought before him for said hearing;  and 
the judge at the hearing being satisfied of the desirability of such 
custody and delivery, for which determination the certificate shall 
be prima facie proof of such desirability may, in lieu of issuing 
subpoena or summons, order that said witness be forthwith taken 
into custody and delivered to an officer of the requesting State.
	(d)  If the witness, who is summoned as above provided, after 
being paid or tendered by some properly authorized person the 
compensation for nonresident witnesses authorized and provided for 
by Article 35.27 of this Code, fails without good cause to attend 
and testify as directed in the summons, he shall be punished in the 
manner provided for the punishment of any witness who disobeys a 
summons issued from a court of record in this State.

Witness from another State summoned to testify in this State
	Sec. 4. (a) If a person in any State, which by its laws has 
made provision for commanding persons within its borders to attend 
and testify in criminal prosecutions, or grand jury investigations 
commenced or about to commence, in this State, is a material witness 
in a prosecution pending in a court of record in this State, or in a 
grand jury investigation which has commenced or is about to 
commence, a judge of such court may issue a certificate under the 
seal of the court stating these facts and specifying the number of 
days the witness will be required.  Said certificate may include a 
recommendation that the witness be taken into immediate custody and 
delivered to an officer of this State to assure his attendance in 
this State.  This certificate shall be presented to a judge of a 
court of record in the county in which the witness is found.
	(b)  If the witness is summoned to attend and testify in this 
State he shall be tendered the compensation for nonresident 
witnesses authorized by Article 35.27 of this Code, together with 
such additional compensation, if any, required by the other State 
for compliance.  A witness who has appeared in accordance with the 
provisions of the summons shall not be required to remain within 
this State a longer period of time than the period mentioned in the 
certificate, unless otherwise ordered by the court.  If such 
witness, after coming into this State, fails without good cause to 
attend and testify as directed in the summons, he shall be punished 
in the manner provided for the punishment of any witness who 
disobeys a summons issued from a court of record in this State.

Exemption from arrest and service of process
	Sec. 5. If a person comes into this State in obedience to a 
summons directing him to attend and testify in this State he shall 
not while in this State pursuant to such summons be subject to 
arrest or the service of process, civil or criminal, in connection 
with matters which arose before his entrance into this State under 
the summons.
	If a person passes through this State while going to another 
State in obedience to a summons to attend and testify in that State 
or while returning therefrom, he shall not while so passing through 
this State be subject to arrest or the service of process, civil or 
criminal, in connection with matters which arose before his 
entrance into this State under the summons.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1973, 63rd Leg., p. 1285, ch. 477, Sec. 1, eff. Aug. 
27, 1973.

Last modified: August 10, 2007