Witness, willful failure to appear or to produce evidence, penalty--prosecutor shall prosecute.

40.153. 1. Any person not subject to sections 40.005 to40.490 is guilty of a class C misdemeanor who:

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

(2) Has been duly paid or tendered the fees and mileage of awitness at the rates allowed to witnesses attending the circuitcourts of this state; and

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

2. Upon the certification of the facts under subsection 1 ofthis section by the military judge or summary court officer tothe prosecuting attorney of the county where the offenseoccurred, the prosecuting attorney shall prosecute.

(L. 1984 H.B. 1035 § 48)