KRS § 421.240 — KY Code / Title XXXVIII / Chapter 421 / Section 421.240
421.240 Procedure for compelling attendance as witnesses in other states of persons in this state -- Custody -- Disobedience of summons
Status: in_force

421.240 Procedure for compelling attendance as witnesses in other states of persons

in this state -- Custody -- Disobedience of summons.

(1) If a judge of a court of record in any state which by its laws has made provision for

commanding persons within that state to attend and testify in this state certifies

under the seal of such court that there is a criminal prosecution pending in such

court, or that a grand jury investigation has commenced or is about to commence,

that a person being within this state is a material witness in such prosecution, 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 a hearing, and shall make an order directing the witness to appear at a time and

place certain for the hearing.

(2) 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 compelled to attend and testify in

the prosecution or a grand jury investigation 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

witness 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 attached, 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.

(3) If said certificate recommends that the witness be taken into immediate 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 desirability 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.

(4) If the witness, who is summoned as above provided, after being paid or tendered by

some properly authorized person the sum of ten cents ($0.10) a mile for each mile

by the ordinary traveled route to and from the court where the prosecution is

pending and five dollars ($5) 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

disobeys a summons issued from a court of record in this state.