§ 16-9-203 — Witness from another state

(1) 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. The certificate may include a recommendation that the witness be
taken into immediate custody and delivered to an officer of this state to assure his
attendance in this state. This certificate shall be presented to a judge of a court of
record in the county in which the witness is found.

(2) If the witness is summoned to attend and testify in this state, or if the
witness appears voluntarily at the request of the prosecution or the defense and
the court would have otherwise approved a certificate for such witness pursuant to
subsection (1) of this section, he shall be tendered the sum of ten cents a mile for
each mile by the ordinary traveled route to and from the court where the
prosecution is pending or, in the alternative and at the discretion of the court, an
airplane ticket and twenty dollars for each day that he is required to travel and
attend as a witness. A witness who has appeared in accordance with the provisions
of the summons 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 a witness, after coming into this state, 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 a court of
record in this state.

Legislative History

Source: L. 72: R&RE, p. 234, � 1. C.R.S. 1963: � 39-9-202. L. 87: (2) amended, p. 604, � 4, effective July 1.