Bill Caption

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would require courts to issue a report to the Texas Judicial Council, within 30 days of issuing a writ of attachment. It would also allow an attorney or defendant to request that the district judge issue an attachment for any witness in the county of the prosecution. When either the defendant or the prosecution requests an attachment, they would file it with a clerk of the court, and it would be required to include an affidavit stating that the witness' testimony is material. SB 291 would also require a hearing before issuing a writ of attachment, if it is found that a witness’s testimony is material they may be compelled to testify. This bill would also establish a procedure for the sheriff to file an affidavit with the issuing court noting that the individual has been taken into custody. Finally, this bill would entitle a witness who is in custody for five days or more to a hearing to determine if continued confinement is necessary. 

Vote Recommendation Notes

The ability to compel testimony or issue a writ of attachment is a power that falls within the range of the appropriate scope of government. However, this bill is procedural in nature and it has no impact on our liberty principles, therefore we are neutral.