Texas § CR.24.011 - SUBPOENAS

§ CR.24.011. SUBPOENAS

SUBPOENAS; CHILD WITNESSES. (a) If a witness is younger than 18 years, the court may issue a subpoena directing a person having custody, care, or control of the child to produce the child in court. (b) If a person, without legal cause, fails to produce the child in court as directed by a subpoena issued under this article, the court may impose on the person penalties for contempt provided by this chapter. The court may also issue a writ of attachment for the person and the child, in the same manner as other writs of attachment are issued under this chapter. (b-1) If the defendant or the attorney representing the state requests the issuance of an attachment under this article, other than an attachment for a witness described by Subsection (c), the request must include the applicable affidavit described by Article 24.12 . (c) If the witness is in a placement in the custody of the Texas Juvenile Justice Department, a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court. When the person is no longer needed as a witness or the period prescribed by Subsection (d-1) has expired without extension, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released. (d) The court may order that the person who is the witness be detained in a certified juvenile detention facility if the person is younger than 17 years of age. If the person is at least 17 years of age, the court may order that the person be detained without bond in an appropriate county facility for the detention of adults accused of criminal offenses. (d-1) A witness younger than 17 years of age held in custody under this article may be placed in a certified juvenile detention facility for a period not to exceed 30 days. The length of placement may be extended in increments of 30 days by the court that issued the original bench warrant. If the placement is not extended, the period under this article expires and the witness may be returned as provided by Subsection (c). (e) In this article, "secure detention facility" and "secure correctional facility" have the meanings assigned by Section 51.02 , Family Code. Acts 1987, 70th Leg., ch. 520, Sec. 1, eff. June 17, 1987. Amended by: Acts 2005, 79th Leg., Ch. 949 (H.B. 1575 ), Sec. 32, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862 ), Sec. 2, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291 ), Sec. 2, eff. September 1, 2017.