Chap. 397.—-An ACT to enact a uniform law to secure the attendance o
witness from without a state in criminal proceedings. ‘S B 160

Approved April 1, 1938

1. Be it enacted by the General Assembly oi Virginia, as follows
Section 1. ‘‘Witness”—as used in this act shall include a persot
whose testimony is desired in any proceeding or investigation by :
Grand Jury or in a Criminal Action, Prosecution or Proceeding.
The word “State” shall include any Territory of the United State
and District of Columbia.

The word summons shall include a subpoena, order or other notic
requiring the appearance of a witness.

Section 2. If a judge of a court of record in any state which b
its laws has made provisions for commanding persons within that stat
to attend and testify in this State certifies under the seal of such cout
that there is a criminal prosecution pending in such court, or that
grand jury investigation has commenced or is about to commence, the
a person being within this State is a material witness in such prosecu-
tion, or grand jury investigation, and that his presence will be required
for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person
is, such judge shall fix a time and place for hearing, and shall make an
order directing the witness to appear at a time and place certain for
the hearing.

If at a hearing the judge determines that the witness is material and
necessary, that it will not cause undue hardship to the witness to be com-
pelled to attend and testify in the prosecution or a grand jury investi-
gation 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 (and of any other state through which the wit-
ness may be required to pass by ordinary course of travel), will
give to him protection from arrest and the service of civil and criminal
process, he shall issue a summons, with a copy of the certificate at-
tached, 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. 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 in-
mediate custody and delivered to an officer of the requesting State to
assure his attendance in the requesting State, such judge may, in lieu
of notification of the hearing, direct that such witness be forthwith
brought before him for said hearing; and the 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 de-
sirability may, in lieu of issuing subpoena or summons, order that said
witness be forthwith taken into custody and delivered to an officer of
the requesting State.

If the witness, who is summoned as above provided, after being paid
or tendered by some properly authorized person 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 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 summons, he shall be punished
in the manner provided for the punishment of any witness who dis-
obeys a summons issued from a court of record in this State.

Section 3. 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 prosecu-
tion pending in a court of record in this State, or in a grand jury in-
vestigation 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 re-
quired. Said 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.

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 by the
ordinary traveled route to and from the court where the prosecution is
pending, and five 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 such 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 man-
ner provided for the punishment of any witness who disobeys a sum-
mons issued from a court of record in this State.

Section 4. Ifa person comes into this State 1n obedience to a sum-
mons 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 ser-
vice of process, civil or criminal, in connection with matters which arose
before his entrance into this State under the 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 con-
nection with matters which arose before his entrance into this State
under the summons.

Section 5. This act shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of the states
which enact it, |

Section 6. This act may be cited as “Uniform Act to Secure the
Attendance of Witnesses from without a State in Criminal Proceed-
ings.”

Section 7. All acts or parts of acts inconsistent with this act are
hereby repealed.

Section 8. If any provisions of this act or the application thereot
to any person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.