§ 640.10 — Securing attendance of witnesses from within and without the state in criminal proceedings

New York § 640.10

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title R: Procedures For Securing Attendance of Witnesses In Criminal Actions
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 640: Securing Attendance As Witnesses of Persons At Liberty Outside the State--rendition to Other Jurisdictions of Witnesses At Liberty Within the State--uniform Act to Secure Attendance of Witnesses From Without the State In Criminal Cases

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§ 640.10 Securing attendance of witnesses from within and without the\n state in criminal proceedings.\n 1. As used in this section the following words shall have the\nfollowing meanings unless the context requires otherwise.\n "Witness" shall include a person whose testimony is desired in any\nproceeding or investigation by a grand jury or in a criminal action,\nprosecution or proceeding.\n "State" shall include any territory of the United States and the\nDistrict of Columbia.\n "Subpoena" shall include a summons in any state where a summons is\nused in lieu of a subpoena.\n 2. Subpoenaing witness in this state to testify in another state. If a\njudge of a court of record in any state which by its laws has made\nprovision for commanding persons within that state to attend and testify\nin this state certifies under the seal of such court that there is a\ncriminal prosecution pending in such court, or that a grand jury\ninvestigation has commenced or is about to commence, that a person being\nwithin this state is a material witness in such prosecution, or grand\njury investigation, and that his presence will be required for a\nspecified number of days, upon presentation of such certificate to a\njustice of the supreme court or a county judge in the county in which\nsuch person is, such justice or judge shall fix a time and place for a\nhearing, and shall make an order directing the witness to appear at a\ntime and place certain for the hearing.\n If at such hearing the justice or judge determines that the witness is\nmaterial and necessary, that it will not cause undue hardship to the\nwitness to be compelled to attend and testify in the prosecution or a\ngrand jury investigation in the other state, and that the laws of the\nstate in which the prosecution is pending, or grand jury investigation\nhas commenced or is about to commence, will give to him protection from\narrest and the service of civil and criminal process, he shall issue a\nsubpoena, with a copy of the certificate attached, directing the witness\nto attend and testify in the court where the prosecution is pending, or\nwhere a grand jury investigation has commenced or is about to commence\nat a time and place specified in the subpoena. In any such hearing the\ncertificate shall be prima facie evidence of all the facts stated\ntherein.\n If said certificate recommends that the witness be taken into\nimmediate custody and delivered to an officer of the requesting state to\nassure his attendance in the requesting state such justice or judge may,\nin lieu of notification of the hearing, direct that such witness be\nforthwith brought before him for said hearing; and the justice or judge\nat the hearing being satisfied of the desirability of such custody and\ndelivery, for which determination the certificate shall be prima facie\nproof of such desirability may, in lieu of issuing subpoena, order that\nsaid witness be forthwith taken into custody and delivered to an officer\nof the requesting state.\n If the witness, who is subpoenaed as above provided, after being paid\nor tendered by some properly authorized person the sum of ten cents a\nmile for each mile and five dollars for each day that he is required to\ntravel and attend as a witness fails without good cause to attend and\ntestify as directed in the subpoena, he shall be punished in the manner\nprovided for the punishment of any witness who disobeys a subpoena\nissued from a court of record in this state.\n 3. Witness from another state subpoenaed to testify in this state. If\na person in any state, which by its laws has made provision for\ncommanding persons within its borders to attend and testify in criminal\nprosecutions, or grand jury investigations commenced or about to\ncommence, in this state, is a material witness in a prosecution pending\nin a court of record in this state, or in a grand jury investigation\nwhich has commenced or is about to commence, a judge of such court may\nissue a certificate under the seal of the court stating these facts and\nspecifying the number of days the witness will be required. This\ncertificate shall be presented to a judge of a court of record in the\ncounty in which the witness is found.\n If said certificate recommends that the witness be taken into\nimmediate custody and delivered to an officer of this state to assure\nhis attendance in this state, such judge may direct that such witness be\nforthwith brought before him; and the judge being satisfied of the\ndesirability of such custody and delivery, for which determination said\ncertificate shall be prima facie proof, may order that said witness be\nforthwith taken into custody and delivered to an officer of this state,\nwhich order shall be sufficient authority to such officer to take such\nwitness into custody and hold him unless and until he may be released by\nbail, recognizance, or order of the judge issuing the certificate.\n If the witness is summoned to attend and testify in this state he\nshall be tendered the sum of ten cents a mile for each mile and five\ndollars for each day that he is required to travel and attend as a\nwitness. Such fees shall be a proper charge upon the county in which\nsuch criminal prosecution or grand jury investigation is pending. A\nwitness who has appeared in accordance with the provisions of the\nsubpoena shall not be required to remain within this state a longer\nperiod of time than the period mentioned in the certificate, unless\notherwise ordered by the court. If such witness fails without good cause\nto attend and testify as directed in this subpoena, he shall be punished\nin the manner provided for the punishment of any witness who disobeys a\nsubpoena issued from a court of record in this state.\n 4. Exemption from arrest and service of process. If a person comes\ninto this state in obedience to a subpoena directing him to attend and\ntestify in this state he shall not while in this state pursuant to such\nsubpoena or order be subject to arrest or the service of process, civil\nor criminal, in connection with matters which arose before his entrance\ninto this state under the subpoena.\n If a person passes through this state while going to another state in\nobedience to a subpoena or order to attend and testify in that state or\nwhile returning therefrom, he shall not while so passing through this\nstate be subject to arrest or the service of process, civil or criminal,\nin connection with matters which arose before his entrance into this\nstate under the subpoena or order.\n 5. Uniformity of interpretation. This section shall be so interpreted\nand construed as to effectuate its general purpose to make uniform the\nlaw of the states which enact it.\n 6. Short title. This section may be cited as "Uniform act to secure\nthe attendance of witnesses from without the state in criminal cases."\n 7. Constitutionality. If any part of this section is for any reason\ndeclared void, such invalidity shall not affect the validity of the\nremaining portions thereof.\n