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Article 640 - NY Criminal Procedure Law

SECURING ATTENDANCE AS WITNESSES OF PERSONS AT LIBERTY OUTSIDE THE STATE--RENDITION TO OTHER JURISDICTIONS OF WITNESSES AT LIBERTY WITHIN

Section Description
640.10Securing attendance of witnesses from within and without the state in criminal proceedings.
S 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.

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