§ 31-2A-47 — (Article 47.) Refusal to Appear or Testify

Alabama § 31-2A-47

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 2A: Military Justice
• Part VII: Trial Procedure

Text

(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, 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 a criminal court of the state.
(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.
(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(c) At the request of the military judge or the convening authority and upon receipt of proof that a person not subject to this code has refused to appear or testify or produce evidence as set forth in subsection (a), the circuit court of the county where the court-martial has been convened, upon application, shall institute criminal contempt proceedings against such person under the provisions of Rule 33, et seq., of the Alabama Rules of Criminal Procedure.

Legislative History

(Act 2012-334, p. 790, §1; Act 2017-260, §1.)