Monday, August 10, 2009
Alfred Isassi ~he does not have to obey A Subpoena
As of September 1, 2009, this document will not be available. Please update your link to point to: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.24A.htm
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS; PRESERVING CERTAIN INFORMATION
SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS
Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a subpoena, search warrant, or other court order that:
(1) relates to the investigation or prosecution of a criminal offense under Section 33.021, Penal Code; and
(2) is served on or issued with respect to an Internet service provider that provides service in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. (a) Except as provided by Subsection (b), not later than the 10th day after the date on which an Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet service provider shall:
(1) fully comply with the subpoena, warrant, or order; or
(2) petition a court to excuse the Internet service provider from complying with the subpoena, warrant, or order.
(b) As soon as is practicable, and in no event later than the second business day after the date the Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet 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.
(c) For the purposes of Subsection (a)(1), full compliance with the subpoena, warrant, or order includes:
(1) producing or providing, to the extent permitted under federal law, all documents or information requested under the subpoena, warrant, or order; or
(2) providing, to the extent permitted under federal law, electronic access to all documents or information requested under the subpoena, warrant, or order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An Internet service provider that disobeys a subpoena, search warrant, or other court order described by Article 24A.001 and that was not excused from complying with the subpoena, warrant, or order under Article 24A.002(a)(2) may be punished in any manner provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. PRESERVING CERTAIN INFORMATION
Art. 24A.051. PRESERVING INFORMATION. (a) On written request of a law enforcement agency in this state or a federal law enforcement agency and pending the issuance of a subpoena or other court order described by Article 24A.001, an Internet service provider that provides service in this state shall take all steps necessary to preserve all records or other potential evidence in a criminal trial that is in the possession of the Internet service provider.
(b) Subject to Subsection (c), an Internet service provider shall preserve information under Subsection (a) for a period of 90 days after the date the Internet service provider receives the written request described by Subsection (a).
(c) An Internet service provider shall preserve information under Subsection (a) for the 90-day period immediately following the 90-day period described by Subsection (b) if the requesting law enforcement agency in writing requests an extension of the preservation period.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
When Lee’s witnesses were then reported missing, the judge had ample reason to believe they had second thoughts about testifying. All three of Lee’s family members had traveled from California to testify, but all three left without speaking to Lee or his lawyer. Two sets of witnesses, four persons in all, had just placed Lee in Kansas City; and the prosecution had said it had in reserve other witnesses prepared to rebut the alibi testimony. Lee had been sentenced to 80 years in Missouri prison for an unrelated armed assault and robbery, and any witness who was considering perjury would have had little inducement to take that risk–a risk that would have became more pronounced after the prosecution’s witnesses had testified–if Lee would serve a long prison term in any event. The judge’s skepticism seems even more justified when it is noted that six weeks later, during a hearing on Lee’s motion for a new trial, counsel still did not explain where Lee’s family members had gone or why they had left. It was not until 17 months later, in an amended motion for postconviction relief, that Lee first gave the Missouri courts an explanation for his family’s disappearance.
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS; PRESERVING CERTAIN INFORMATION
SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS
Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a subpoena, search warrant, or other court order that:
(1) relates to the investigation or prosecution of a criminal offense under Section 33.021, Penal Code; and
(2) is served on or issued with respect to an Internet service provider that provides service in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. (a) Except as provided by Subsection (b), not later than the 10th day after the date on which an Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet service provider shall:
(1) fully comply with the subpoena, warrant, or order; or
(2) petition a court to excuse the Internet service provider from complying with the subpoena, warrant, or order.
(b) As soon as is practicable, and in no event later than the second business day after the date the Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet 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.
(c) For the purposes of Subsection (a)(1), full compliance with the subpoena, warrant, or order includes:
(1) producing or providing, to the extent permitted under federal law, all documents or information requested under the subpoena, warrant, or order; or
(2) providing, to the extent permitted under federal law, electronic access to all documents or information requested under the subpoena, warrant, or order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An Internet service provider that disobeys a subpoena, search warrant, or other court order described by Article 24A.001 and that was not excused from complying with the subpoena, warrant, or order under Article 24A.002(a)(2) may be punished in any manner provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. PRESERVING CERTAIN INFORMATION
Art. 24A.051. PRESERVING INFORMATION. (a) On written request of a law enforcement agency in this state or a federal law enforcement agency and pending the issuance of a subpoena or other court order described by Article 24A.001, an Internet service provider that provides service in this state shall take all steps necessary to preserve all records or other potential evidence in a criminal trial that is in the possession of the Internet service provider.
(b) Subject to Subsection (c), an Internet service provider shall preserve information under Subsection (a) for a period of 90 days after the date the Internet service provider receives the written request described by Subsection (a).
(c) An Internet service provider shall preserve information under Subsection (a) for the 90-day period immediately following the 90-day period described by Subsection (b) if the requesting law enforcement agency in writing requests an extension of the preservation period.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
When Lee’s witnesses were then reported missing, the judge had ample reason to believe they had second thoughts about testifying. All three of Lee’s family members had traveled from California to testify, but all three left without speaking to Lee or his lawyer. Two sets of witnesses, four persons in all, had just placed Lee in Kansas City; and the prosecution had said it had in reserve other witnesses prepared to rebut the alibi testimony. Lee had been sentenced to 80 years in Missouri prison for an unrelated armed assault and robbery, and any witness who was considering perjury would have had little inducement to take that risk–a risk that would have became more pronounced after the prosecution’s witnesses had testified–if Lee would serve a long prison term in any event. The judge’s skepticism seems even more justified when it is noted that six weeks later, during a hearing on Lee’s motion for a new trial, counsel still did not explain where Lee’s family members had gone or why they had left. It was not until 17 months later, in an amended motion for postconviction relief, that Lee first gave the Missouri courts an explanation for his family’s disappearance.
Labels: Bobbie Williams, Mary Cano, Project RIO, Taxpayer waste, TWC, WIA
