2006 New York Code - Securing Attendance Of Witnesses From Within And Without The State In Criminal Proceedings

 
  §  640.10   Securing attendance of witnesses from within and without the
               state in criminal proceedings.
    1.   As used in this  section  the  following  words  shall  have  the
  following meanings unless the context requires otherwise.
    "Witness"  shall  include  a  person whose testimony is desired in any
  proceeding or investigation by a grand jury or  in  a  criminal  action,
  prosecution or proceeding.
    "State"  shall  include  any  territory  of  the United States and the
  District of Columbia.
    "Subpoena" shall include a summons in any state  where  a  summons  is
  used in lieu of a subpoena.
    2.  Subpoenaing witness in this state to testify in another state.  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 this state certifies under the seal of such court  that  there  is  a
  criminal  prosecution  pending  in  such  court,  or  that  a grand jury
  investigation has commenced or is about to commence, that a person being
  within this state is a material witness in such  prosecution,  or  grand
  jury  investigation,  and  that  his  presence  will  be  required for a
  specified number of days, upon presentation of  such  certificate  to  a
  justice  of  the  supreme court or a county judge in the county in which
  such person is, such justice or 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.
    If at such hearing the justice or 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 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, will give to him protection  from
  arrest  and  the service of civil and criminal process, he 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  a  grand jury investigation has commenced or is about to commence
  at a time and place specified in the subpoena.  In any such hearing  the
  certificate  shall  be  prima  facie  evidence  of  all the facts stated
  therein.
    If  said  certificate  recommends  that  the  witness  be  taken  into
  immediate custody and delivered to an officer of the requesting state to
  assure his attendance in the requesting state such justice or judge may,
  in  lieu  of  notification  of  the hearing, direct that such witness be
  forthwith brought before him for said hearing; and the justice or  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 subpoena, order that
  said witness be forthwith taken into custody and delivered to an officer
  of the requesting state.  If the witness, who  is  subpoenaed  as  above
  provided,  after  being  paid  or  tendered  by some properly authorized
  person the sum of ten cents a mile for each mile and  five  dollars  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 subpoena, he
  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.
    3.  Witness from another state subpoenaed to testify  in  this  state.
  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  commenced  or  about  to
  commence, 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
  which has commenced or is about to commence, 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 in which the witness is found.
    If  said  certificate  recommends  that  the  witness  be  taken  into
  immediate  custody  and  delivered to an officer of this state to assure
  his attendance in this state, such judge may direct that such witness be
  forthwith brought before him; and  the  judge  being  satisfied  of  the
  desirability  of such custody and delivery, for which determination said
  certificate shall be prima facie proof, may order that said  witness  be
  forthwith  taken into custody and delivered to an officer of this state,
  which order shall be sufficient authority to such officer to  take  such
  witness into custody and hold him unless and until he may be released by
  bail, recognizance, or order of the judge issuing the certificate.
    If  the  witness  is  summoned  to attend and testify in this state he
  shall be tendered the sum of ten cents a mile for  each  mile  and  five
  dollars  for  each  day  that  he  is required to travel and attend as a
  witness.  Such fees shall be a proper charge upon the  county  in  which
  such  criminal  prosecution  or  grand jury investigation is pending.  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 such witness fails without good
  cause to attend and testify as directed in this subpoena,  he  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.
    4.  Exemption from arrest and service of process.  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  such
  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.
    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.
    5.     Uniformity  of  interpretation.    This  section  shall  be  so
  interpreted and construed as to effectuate its general purpose  to  make
  uniform the law of the states which enact it.
    6.   Short title.  This section may be cited as "Uniform act to secure
  the attendance of witnesses from without the state in criminal cases."
    7.  Constitutionality.  If any part of this section is for any  reason
  declared  void,  such  invalidity  shall  not affect the validity of the
  remaining portions thereof.