(1) Article 24.011, if an affidavit is required under Article 24.011(b-1); or
(2) Article 24.12, 24.14, or 24.22.
(b) Notwithstanding any other law, a writ of attachment to which this article applies may only be issued by the judge of the court in which the witness is to testify if the judge determines, after a hearing, that the issuance of the attachment is in the best interest of justice.
(c) In making a determination under Subsection (b), the judge shall consider the affidavit of the attorney representing the state or the defendant, as applicable, that was submitted with the request for the issuance of the attachment.
(d) The court shall appoint an attorney to represent the witness at the hearing under Subsection (b), including a hearing conducted outside the presence of the witness.
Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 3, eff. September 1, 2017.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 24 - Subpoena and Attachment
Article 24.01. Issuance of Subpoenas
Article 24.011. Subpoenas; Child Witnesses
Article 24.02. Subpoena Duces Tecum
Article 24.03. Subpoena and Application Therefor
Article 24.04. Service and Return of Subpoena
Article 24.05. Refusing to Obey
Article 24.06. What Is Disobedience of a Subpoena
Article 24.07. Fine Against Witness Conditional
Article 24.08. Witness May Show Cause
Article 24.09. Court May Remit Fine
Article 24.10. When Witness Appears and Testifies
Article 24.11. Requisites of an "Attachment"
Article 24.111. Hearing Required Before Issuance of Certain Writs of Attachment
Article 24.12. When Attachment May Issue
Article 24.13. Attachment for Convict Witnesses
Article 24.131. Notification to Department of Criminal Justice
Article 24.14. Attachment for Resident Witness
Article 24.15. To Secure Attendance Before Grand Jury
Article 24.16. Application for Out-County Witness
Article 24.17. Duty of Officer Receiving Said Subpoena
Article 24.18. Subpoena Returnable Forthwith
Article 24.19. Certificate to Officer
Article 24.20. Subpoena Returnable at Future Date
Article 24.21. Stating Bail in Subpoena
Article 24.22. Witness Fined and Attached
Article 24.221. Affidavit Regarding Confinement
Article 24.222. Hearing During Confinement of Witness
Article 24.23. Witness Released
Article 24.24. Bail for Witness
Article 24.25. Personal Bond of Witness
Article 24.26. Enforcing Forfeiture
Article 24.27. No Surrender After Forfeiture
Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State
Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings