Section 1334.3 Of Chapter 3a. Attendance Of Witnesses Outside The State From California Penal Code >> Title 10. >> Part 2. >> Chapter 3a.
1334.3
. (a) 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 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, 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 of such other state in which the
witness is found.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of this state to assure
his or her attendance in this state, the judge may direct that the
witness be forthwith brought before him or her. If the judge is
satisfied of the desirability of the custody and delivery, for which
determination the certificate shall be prima facie proof, he or she
may order that the witness be forthwith taken into custody and
delivered to an officer of this state. This order shall be sufficient
authority to the officer to take the witness into custody and hold
him or her unless and until he or she may be released by bail,
recognizance, or order of the judge issuing the certificate.
If the witness is subpoenaed to attend and testify in this state,
he or she shall be tendered the sum of ten cents ($0.10) for each
mile necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airlines 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), a per diem of twenty dollars ($20) for each day that he or she
is required to travel and attend as a witness. The judge of the court
in which the witness is ordered to appear shall 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 shall find reasonable and
necessary. 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 the witness
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.
(b) If the witness subpoenaed to attend and testify in this state
is at the time he or she is required to appear and testify an inmate
of a state prison, county jail, or other penal facility, the witness
shall, while attending in this state as a witness, be furnished food
and lodging in the jail or other appropriate penal facility in the
county in which the witness is attending court, and food and lodging
of that penal facility shall be rendered in lieu of the per diem
specified in subdivision (a).