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Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1984 bottom

  40.153.  Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute. — 1.  Any person not subject to sections 40.005 to 40.490 is guilty of a class C misdemeanor who:

  (1)  Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;

  (2)  Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit courts of this state; and

  (3)  Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.

  2.  Upon the certification of the facts under subsection 1 of this section by the military judge or summary court officer to the prosecuting attorney of the county where the offense occurred, the prosecuting attorney shall prosecute.

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(L. 1984 H.B. 1035 § 48)


---- end of effective   28 Aug 1984 ----

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