Section 1334.2 Of Chapter 3a. Attendance Of Witnesses Outside The State From California Penal Code >> Title 10. >> Part 2. >> Chapter 3a.
1334.2
. If a judge of a court of record in any state, which by its
laws provides for commanding persons within that state to attend and
testify in this state, issues a certificate under the seal of the
court that there is a criminal prosecution pending in the court, or
that there is a grand jury investigation, that a person within this
state is a material witness in that prosecution or grand jury
investigation, and that his or her presence will be required for a
specified number of days, then, upon presentation of the certificate
to a judge of a court of record in the county in which the person is,
a time and place for a hearing shall be fixed by the judge and he or
she shall make an order directing the witness to appear at the
hearing.
If, at the 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
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending or in which there is a
grand jury investigation will give to the witness protection from
arrest and service of civil and criminal process and will furnish in
advance to the witness the sum of ten cents ($0.10) for each mile
necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airline fare plus twenty cents ($0.20) a
mile for necessary surface travel at either end of the flight if the
witness elects air travel, and, except as provided in subdivision
(b) of Section 1334.3, a per diem of twenty dollars ($20) for each
day that he or she is required to travel and attend as a witness and
that the judge of the court in which the witness is ordered to appear
will order the payment of witness fees authorized by law for each
day the witness is required to attend the court plus reimbursement
for any additional expenses of the witness which the judge of the
court in which the witness is ordered to appear shall find reasonable
and necessary, he or she 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 the grand jury
investigation is, at a time and place specified in the subpoena. In
any of these hearings the certificate shall be prima facie evidence
of all the facts stated therein.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his or her attendance therein, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith
brought before him or her for the hearing.
If the judge at the hearing is satisfied of the desirability of
the custody and delivery, for which determination the certificate
shall be prima facie proof of this desirability, he or she may, in
lieu of issuing a subpoena, order that the witness be forthwith taken
into custody and delivered to an officer of the requesting state.
If the witness, who is subpoenaed as provided in this section,
after being paid or tendered by some properly authorized person the
sum or fare, and per diem set forth in this section, fails without
good cause to attend and testify as directed in the subpoena, he or
she 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.