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Texas Laws | Criminal Procedure
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE

Sec. 6. EXCEPTIONS. This Act does not apply to a person in this state who is confined as mentally ill or who is under sentence of death. (5745)

Sec. 7. PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE. (a) If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that: (5746)

(1) there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court; (5747)

(2) a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and (5748)

(3) his presence will be required during a specified time. (5749)

(b) The judge of the court in this state shall: (5750)

(1) present the certificate to a judge of a court of record in the other state having jurisdiction over the prisoner confined; and (5751)

(2) give notice that the prisoner's presence will be required to the attorney general of the state in which the prisoner is confined. (5752)

Sec. 8. COMPLIANCE. A judge of the court in this state may enter an order directing compliance with the terms and conditions of an order specified in a certificate under Section 3 of this Act and entered by the judge of the state in which the witness is confined. (5753)

Sec. 9. EXEMPTION FROM ARREST AND SERVICE OF PROCESS. If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, while in this state pursuant to the order he is not subject to arrest or the service of civil or criminal process because of any act committed prior to his arrival in this state under the order. (5754)

Sec. 10. UNIFORMITY OF INTERPRETATION. This Act shall be so construed as to effect its general purpose to make uniform the laws of those states which enact it. (5755)

Acts 1983, 68th Leg., p. 1068, ch. 240, Sec. 1, eff. Aug. 29, 1983. (5756)

Amended by: (5757)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.014, eff. September 1, 2009. (5758)

CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS; PRESERVING CERTAIN INFORMATION (5759)(Text)

SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS (5760)(Text)
Art. 24A.001. APPLICABILITY OF SUBCHAPTER. (5761)(Text)

This subchapter applies only to a subpoena, search warrant, or other court order that: (5762)

(1) relates to the investigation or prosecution of a criminal offense under: (5763)

(A) Section 21.02, 21.11, 22.011, or 22.021, Penal Code; (5764)

(B) Chapter 20A, Penal Code; (5765)

(C) Section 33.021, Penal Code; or (5766)

(D) Chapter 43, Penal Code; and (5767)

(2) is served on or issued with respect to an online service provider that provides service in this state. (5768)

Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 2, eff. September 1, 2007. (5769)

Amended by: (5770)

Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 1, eff. September 1, 2017. (5771)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 8, eff. September 1, 2017. (5772)

Art. 24A.0015. DEFINITION. (5773)(Text)

In this chapter, "online service provider" means an Internet service provider, search engine, web hosting company, web browsing company, manufacturer of devices providing online application platforms, or company providing online social media platforms. (5774)

Added by Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 2, eff. September 1, 2017. (5775)

Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 9, eff. September 1, 2017. (5776)

Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. (5777)(Text)

(a) Except as provided by Subsection (b), not later than the 10th day after the date on which an online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online service provider shall: (5778)

(1) fully comply with the subpoena, warrant, or order; or (5779)

(2) petition a court to excuse the online service provider from complying with the subpoena, warrant, or order. (5780)

(b) As soon as is practicable, and in no event later than the second business day after the date the online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online service provider shall fully comply with the subpoena, search warrant, or order if the subpoena, search warrant, or order indicates that full compliance is necessary to address a situation that threatens a person with death or other serious bodily injury. (5781)

(c) For the purposes of Subsection (a)(1), full compliance with the subpoena, warrant, or order includes: (5782)

(1) producing or providing, to the extent permitted under federal law, all documents or information requested under the subpoena, warrant, or order; or (5783)

(2) providing, to the extent permitted under federal law, electronic access to all documents or information requested under the subpoena, warrant, or order. (5784)

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