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1 A Bill for an Act to Secure the Attendance of Witnesses from without the State in Criminal Actions and Grand Jury Proceedings 1

handle is hein.agopinions/basaw0001 and id is 1 raw text is: A Bill for Aii ACT TO S.WUhi Thr kTtxjDiwGL OF alNiE80hS FROL wIThOUT Thh MTL~ IN ChIm~IaL iiCTI~iiS ,ual uhuaL JUhY PhOCLLLIiGS 1 Be it enacted. (Ins(:rt here the proper enacting clause 3 for the State.) 4 5 ShCTlON 1. WITA!'LSS If- THIS 6i.±i' TO Tt6TIrY Id tudOTi.1wh 6 7 STmTL. If a judge of a court of record in any state which by 8 9 its laws has made provision for commanding persons within that 10 11 state to attend anck testify either in criminal actions or grand 12 13 jury proceedings or both in this state certifies unCer the seal 14 15 of such court that there is a criminal action pending in such 16 17 court or grand fury proceeding pending in such states that a 18 19 person being within this state is a material witness in such 20 1 action or proceedin , and that his presence with be required 23 for a specified numuer of days at the trill of such action or 24 2b atsuc h ro eding upon presentation of such certificate to z6 27 any judge of a court or record in the county in which such 28 29 person resiaes or the county in which such person is found-if 3u 31 not a resident of that state, such judge shall fix a time and 32 33 place for a hearing and shall notify the witness of such time 34 35 and place. 36 37 If at the hearing the judge determines that the witness is 38 39 material and necessary either for the prosecution or defense 40 41 in such criminal actionorinsu c lgran daryproegeding; that, 43 if the witness is quired__the_stateof-tbe-certifying court 45 in a criminal action_ hf t grifing '±6 47 court make provision for commanding Qersons within that stite 48 49 to attend andtestify_in criminal actions in this state; that 50 51 if the witness is required in the stateofthe certifying b2 53 court for a_grana_,ury_p roc eding _.the=ls_ of_thestate_ofthe 54 to certifying court mae provision for comgIanding ersons within 56 57 that state to attend anu testify in grand juryproceedin s in 58 59 this statei that it will not cause undue hardship to the it- 60 61 ness to be compelled to attend and testify in the action or 62 63 proceeding in the other state; and that the laaws of the state in 64 65 which the action or proceeding is pending and of any other state

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