§ 5974. Summoning prisoner in this Commonwealth to testify in another state.

220 words·~1 min read·/pa/title-42/chapter-59/5974

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Certification.-- A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this Commonwealth, may certify:

(1)that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2)that a person who is confined in a penal institution in this Commonwealth may be a material witness in the proceeding, investigation or action; and

(3)that his presence will be required during a specified time.

(b)Hearing.-- Upon presentation of the certificate to any court having jurisdiction over the person confined and upon notice to the Bureau of Correction, the court in this Commonwealth shall fix a time and place for a hearing and shall make an order, directed to the person having custody of the prisoner, requiring that the prisoner be produced before it at the hearing.

42c5974v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)

References in Text. The Bureau of Correction, referred to in subsec. (b), was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Department of Corrections.

42c5975s