(b) At the time a fine is imposed under Subsection (a), on request of the defendant or the attorney representing the state, the court may cause to be issued an attachment for the witness, directed to the proper county, commanding the officer to whom the attachment is directed to take the witness into custody and have the witness before the court at the time specified in the attachment; in which case the witness shall receive no fees, unless it appears to the court that the disobedience is excusable, when the witness may receive the same pay as if the witness had not been attached.
(c) A request for the issuance of an attachment under Subsection (b) must include the applicable affidavit described by Article 24.12.
(d) The fine when made final and all related costs shall be collected in the same manner as in other criminal cases. The fine and judgment may be set aside in vacation or at the time or any subsequent term of the court for good cause shown, after the witness testifies or has been discharged.
(e) The following words shall be written or printed on the face of a subpoena for an out-of-county witness: "A disobedience of this subpoena is punishable by fine not exceeding five hundred dollars, to be collected as fines and costs in other criminal cases."
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 6, 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