Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 151-S.F.No. 1077 
           An act relating to courts; providing for reimbursement 
          of residents required to testify in another state in 
          criminal cases; amending Minnesota Statutes 1984, 
          section 634.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 634.06, is 
amended to read: 
    634.06 [RESIDENTS REQUIRED TO TESTIFY IN ANOTHER STATE.] 
    If (a) Upon presentation of a certificate from a judge of a 
court of record in any state which by its laws has made 
provision for commanding that may require persons within that 
state to attend and testify in criminal actions or grand jury 
investigations in this state certifies under the seal of such 
court stating that (1) there is a criminal action pending in 
such the court, or that a grand jury investigation has commenced 
or is about to be commenced, that; (2) a person being within 
this state is a material witness in such the action, or grand 
jury investigation,; and that his (3) the person's presence will 
be required for a specified number of days at the trial of such 
action, or at such grand jury investigation, upon presentation 
of such certificate to any; a judge of the district court of the 
county in which such where the person resides, or the county in 
which such where the person is found if not a resident of this 
state, such judge shall fix set a time and place for a hearing 
and shall notify the witness person of such the time and 
place. 
    (b) If at the hearing the judge determines that (1) the 
person is a material and necessary witness is material and 
necessary, either for the prosecution or the defense in such 
criminal action, or for the purpose of the grand jury 
investigation, that; (2) it will not cause undue hardship to 
the witness person to be compelled to attend and testify in the 
action, or grand jury investigation, in the other state,; and 
that (3) the laws of the state in which where the action is 
pending, or the grand jury investigation has commenced or is 
about to be commenced, person will testify and of any other 
state through which that the witness person may be required to 
pass through by ordinary course of travel will give to him 
provide protection from arrest and the service of civil and 
criminal process, he; the judge shall make an order, with a copy 
of the certificate attached, directing the witness person to 
attend and testify in the court where the action is pending, or 
the place where such grand jury has commenced or is about to be 
commenced, at a the time and place specified in the certificate. 
    (c) If the witness person, who is named in such order as 
above provided after being paid or tendered by some properly an 
authorized person the sum of ten cents a mile for each mile by 
the ordinary traveled route to and from the court where the 
action is pending, or the place where such grand jury 
investigation has commenced or is about to be 
commenced, reasonable travel and lodging expenses and $5 $25 for 
each day that he the person is required to travel and attend as 
a witness, fails without good cause to attend and testify as 
directed by such the order, he shall be the person is guilty of 
constructive contempt of court, and shall be punished according 
to law. 
    Approved May 20, 1985