Art. 52.04. RIGHTS OF WITNESSES.  (a)  All witnesses testifying in any Court of Inquiry have the same rights as to testifying as do defendants in felony prosecutions in this state.  Before any witness is sworn to testify in any Court of Inquiry, he shall be instructed by the judge that he is entitled to counsel;  that he cannot be forced to testify against himself;  and that such testimony may be taken down and used against him in a later trial or trials ensuing from the instant Court of Inquiry.  Any witness or his counsel has the right to fully cross-examine any of the witnesses whose testimony bears in any manner against him.
(b) If the Court of Inquiry pertains to the activities of a state governmental entity or its officers or employees, the officers and employees of that state governmental entity shall be indemnified for attorney's fees incurred as a result of exercising the employees' or officers' right to counsel under Subsection (a) if:
(1) the officer or employee is found not guilty after a trial or appeal or the complaint, information, or indictment is dismissed without a plea of guilty or nolo contendere being entered;  and
(2) the judge commencing the Court of Inquiry, or the judge to whom the Court of Inquiry was transferred pursuant to Article 52.01(e), determines that the complaint, information, or indictment presented against the person was dismissed because:
(A) the presentment was made on mistake, false information, or other similar basis, indicating absence of probable cause to believe, at the time of dismissal, the person committed the offense;  or
(B) the complaint, information, or indictment was void.
(c) The county in which the affidavit under Article 52.01 was filed shall be responsible for any attorney's fees awarded under Subsection (b).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 37, eff. Aug. 28, 1967.


Amended by Acts 1995, 74th Leg., ch. 318, Sec. 66, eff. Sept. 1, 1995.