Page:United States Statutes at Large Volume 66.djvu/61

 66 S T A T. ]

16

PUBLIC LAW 272-MAR. 5, 1952

Attendance of Witnesses From Without a State in Criminal Proceedings". SEC. 2. As used in this Act— (a) The term "witness'' includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. (b) The word "State" includes any Territory of the United States and the District of Columbia. (c) The word "summons" includes a subpena, order, or other notice requiring the appearance of a witness. SEC. 3. (a) If a judge of a court of record in any State which by its laws has made provision for commanding persons within that State to attend and testify in the District of Columbia certifies under the seal of such court (1) that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, (2) that a person being within the District of Columbia is a material witness in such prosecution, or grand jury investigation, and (8) that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of the municipal court for the District of Columbia, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. (b) If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testif}' in the prosecution or a grand jury investigation in the other State, and that the laws of the State in which the prosecution is pending, or grand jury investigation has commenced or is about to commence and of any other State through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. (c) If said certificate reconmiends that the Avitness be taken into immediate custody and delivered to an officer of the requesting State to assure his attendance in the requesting State, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting State. (d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the municipal court for the District of Columbia. SEC. 4. (a) If a j^erson in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in the District of Columbia, is a

Definitions.

P ersons in D. C. Certification requirement.

D. C. municipal court. Hearings and determinations.

Failure to attend, etc.

P ersons outside D.C. Issuance of certificate.

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