N.Y. Criminal Procedure Law § 640.10: 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.