2009 California Penal Code - Section 1334-1334.6 :: Chapter 3a. Attendance Of Witnesses Outside The State

PENAL CODE
SECTION 1334-1334.6

1334.  This chapter may be cited as the Uniform Act to Secure the
Attendance of Witnesses from without the State in Criminal Cases.

1334.1.  As used in this chapter:
   (a) "Witness" includes any person whose testimony is desired in
any proceeding or investigation by a grand jury or in any criminal
action, prosecution, or proceeding.
   (b) "State" means any State or Territory of the United States and
the District of Columbia.
   (c) "Grand jury investigation" means any grand jury investigation
which has commenced or is about to commence.
   (d) "Per diem" means a sum of money the purpose of which is to
provide for personal expenses, including, but not limited to, food
and lodging.

1334.2.  If a judge of a court of record in any state, which by its
laws provides for commanding persons within that state to attend and
testify in this state, issues a certificate under the seal of the
court that there is a criminal prosecution pending in the court, or
that there is a grand jury investigation, that a person within this
state is a material witness in that prosecution or grand jury
investigation, and that his or her presence will be required for a
specified number of days, then, upon presentation of the certificate
to a judge of a court of record in the county in which the person is,
a time and place for a hearing shall be fixed by the judge and he or
she shall make an order directing the witness to appear at the
hearing.
   If, at the 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 testify in the prosecution or
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending or in which there is a
grand jury investigation will give to the witness protection from
arrest and service of civil and criminal process and will furnish in
advance to the witness the sum of ten cents ($0.10) for each mile
necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airline fare plus twenty cents ($0.20) a
mile for necessary surface travel at either end of the flight if the
witness elects air travel, and, except as provided in subdivision
(b) of Section 1334.3, a per diem of twenty dollars ($20) for each
day that he or she is required to travel and attend as a witness and
that the judge of the court in which the witness is ordered to appear
will order the payment of witness fees authorized by law for each
day the witness is required to attend the court plus reimbursement
for any additional expenses of the witness which the judge of the
court in which the witness is ordered to appear shall find reasonable
and necessary, he or she shall issue a subpoena, with a copy of the
certificate attached, directing the witness to attend and testify in
the court where the prosecution is pending, or where the grand jury
investigation is, at a time and place specified in the subpoena. In
any of these hearings the certificate shall be prima facie evidence
of all the facts stated therein.
   If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his or her attendance therein, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith
brought before him or her for the hearing.
   If the judge at the hearing is satisfied of the desirability of
the custody and delivery, for which determination the certificate
shall be prima facie proof of this desirability, he or she may, in
lieu of issuing a subpoena, order that the witness be forthwith taken
into custody and delivered to an officer of the requesting state.
   If the witness, who is subpoenaed as provided in this section,
after being paid or tendered by some properly authorized person the
sum or fare, and per diem set forth in this section, fails without
good cause to attend and testify as directed in the subpoena, he or
she shall be punished in the manner provided for the punishment of
any witness who disobeys a subpoena issued from a court of record in
this state.

1334.3.  (a) If a person 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 in this
state, is a material witness in a prosecution pending in a court of
record in this state, or in a grand jury investigation, a judge of
such court may issue a certificate under the seal of the court
stating these facts and specifying the number of days the witness
will be required. This certificate shall be presented to a judge of a
court of record in the county of such other state in which the
witness is found.
   If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of this state to assure
his or her attendance in this state, the judge may direct that the
witness be forthwith brought before him or her. If the judge is
satisfied of the desirability of the custody and delivery, for which
determination the certificate shall be prima facie proof, he or she
may order that the witness be forthwith taken into custody and
delivered to an officer of this state. This order shall be sufficient
authority to the officer to take the witness into custody and hold
him or her unless and until he or she may be released by bail,
recognizance, or order of the judge issuing the certificate.
   If the witness is subpoenaed to attend and testify in this state,
he or she shall be tendered the sum of ten cents ($0.10) for each
mile necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airlines fare plus twenty cents ($0.20)
a mile for necessary surface travel at either end of the flight if
the witness elects air travel, and except as provided in subdivision
(b), a per diem of twenty dollars ($20) for each day that he or she
is required to travel and attend as a witness. The judge of the court
in which the witness is ordered to appear shall order the payment of
witness fees authorized by law for each day the witness is required
to attend the court plus reimbursement for any additional expenses of
the witness which the judge of the court shall find reasonable and
necessary. A witness who has appeared in accordance with the
provisions of the subpoena shall not be required to remain within
this state a longer period of time than the period mentioned in the
certificate, unless otherwise ordered by the court. If the witness
fails without good cause to attend and testify as directed in the
subpoena, he or she shall be punished in the manner provided for the
punishment of any witness who disobeys a subpoena issued from a court
of record in this state.
   (b) If the witness subpoenaed to attend and testify in this state
is at the time he or she is required to appear and testify an inmate
of a state prison, county jail, or other penal facility, the witness
shall, while attending in this state as a witness, be furnished food
and lodging in the jail or other appropriate penal facility in the
county in which the witness is attending court, and food and lodging
of that penal facility shall be rendered in lieu of the per diem
specified in subdivision (a).

1334.4.  If a person comes into this State in obedience to a
subpoena directing him to attend and testify in this State, he shall
not, while in this State pursuant to the subpoena or order, be
subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this
State under the subpoena.

1334.5.  If a person passes through this State while going to
another State in obedience to a subpoena or order to attend and
testify in that State or while returning therefrom, he shall not
while so passing through this State be subject to arrest or the
service of process, civil or criminal, in connection with matters
which arose before his entrance into this State under the subpoena or
order.

1334.6.  This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of the States
which enact similar legislation.


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