Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings.
Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings. (a) Definitions. The following words, when used in this section, have the
meaning specified, unless the context otherwise indicates: "Witness" means a person
whose testimony is desired in any proceeding or investigation by a grand jury or in a
criminal action, prosecution or proceeding; "state" includes any territory of the United
States and the District of Columbia, and "summons" means a subpoena, order or other
notice requiring the appearance of a witness.
(b) Summoning 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 the
presence of such witness will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the judicial district in which
such person is, such judge shall fix a time and place for a hearing and shall make an
order directing the witness to appear at such time and place for such hearing. If, at such
hearing, the 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 such other state
and the laws of any other state through which the witness may be required to pass by
ordinary course of travel will give to such witness protection from arrest and from the
service of civil or criminal process, the judge shall issue a summons, 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 summons. At any such hearing, the
certificate shall be prima facie evidence of all the facts stated therein. If such certificate
recommends that the witness be taken into immediate custody and delivered to an officer
of the requesting state to assure the attendance of the witness in such state, such judge
may, in lieu of notification of the hearing, direct that such witness be forthwith brought
before such judge for such hearing, and, being satisfied, at such hearing, of the desirability of such custody and delivery, of which desirability such certificate shall be prima
facie proof, may, in lieu of issuing a subpoena or summons, order that such witness be
forthwith taken into custody and delivered to an officer of the requesting state. If such
witness, after being paid or tendered by an authorized person the same amount per mile
as provided for state employees pursuant to section 5-141c for each mile by the ordinary
traveled route to and from the court where the prosecution is pending and five dollars
each day that such witness is required to travel and attend as a witness, fails, without good
cause, to attend and testify as directed in the summons, the witness 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.
(c) Witness from another state summoned 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 in 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 such facts and specifying the number of days the witness
will be required. Such certificate may include a recommendation that the witness be
taken into immediate custody and delivered to an officer of this state to assure the
attendance of the witness in this state. Such certificate shall be presented to a judge of
a court of record in the judicial district in which the witness is found. If the witness is
summoned to attend and testify in this state, the witness shall be tendered the same
amount per mile as provided for state employees pursuant to section 5-141c for each mile
by the ordinary traveled route to and from the court where the prosecution is pending, and
five dollars for each day that such witness 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 such witness, after
coming into this state, fails, without good cause, to attend and testify as directed in the
summons, the witness 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.
(d) Exemption from arrest and service of process. If a person comes into this
state in obedience to a summons directing him to attend and testify in this state, he shall
not, while in this state pursuant to such summons, 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 such summons. If a person passes through this state while going to
another state in obedience to a summons 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 such summons.
(e) Interpretation. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of the states which enact it.
(1949 Rev., S. 8732; P.A. 78-280, S. 2, 127; P.A. 01-186, S. 10, 11.)
History: P.A. 78-280 substituted "judicial district" for "county"; Sec. 54-22 transferred to Sec. 54-82i in 1981; P.A.
01-186 amended Subsec. (b) by replacing "sum of ten cents a mile" with provision re payment of same amount per mile
as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender neutrality
and amended Subsec. (c) by replacing "sum of ten cents for each mile" with provision allowing witness the same amount
per mile as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender
neutrality.
Annotations to former section 54-22:
Cited. 179 C. 102.
Subsec. (c):
Cited. 171 C. 47.
Annotations to present section:
Cited. 198 C. 517. Cited. 237 C. 58.
Cited. 7 CA 503. Cited. 36 CA 250.
Subsec. (c):
Cited. 193 C. 350. Cited. 194 C. 89. Cited. 198 C. 542.
Cited. 3 CA 137. Habeas corpus petitioner, incarcerated in Arizona, could not prevail on his claim that trial court should
have invoked provisions of subsec. to secure petitioner's presence at hearing on Commissioner of Correction's motion to
dismiss petition. Subsec. applies to criminal and grand jury proceedings not habeas corpus proceedings which are civil in
nature. 82 CA 25.
Cited. 38 CS 301; Id., 521.