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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-33-1 Definitions.
As used in this act:
(1) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
(2) "Penal institution" includes a jail, prison, penitentiary, house of correction, or other place of penal detention; and
(3) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any territory of the United States.
1980
77-33-2 Summoning prisoner in this state to testify in another state - Certificate of out-of-state judge.
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 state, 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 state may be a material witness in the
proceeding, investigation, or action, and (3) that his presence
will be required during a specified time. Upon presentation
of the certificate to any judge having jurisdiction over
the person confined, and upon notice to the attorney general,
the judge in this state 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 him at the hearing.
1980
77-33-3 Summoning prisoner in this state to testify in another state - Hearing - Issuance of order to attend.
If at the hearing the judge determines (1) that the witness
may be material and necessary, (2) that his attending and
testifying are not adverse to the interest of this state
or to the health or legal rights of the witness, (3) that
the laws of the state in which he is requested to testify
will give him protection from arrest and the service of civil
and criminal process because of any act committed prior to
his arrival in the state under the order, and (4) that as
a practical matter the possibility is negligible that the
witness may be subject to arrest or to the service of civil
or criminal process in any state through which he will be
required to pass, the judge shall issue an order, with a
copy of the certificate attached, (a) directing the witness
to attend and testify, (b) directing the person having custody
of the witness to produce him, in the court where the criminal
action is pending, or where the grand jury investigation
is pending, at a time and place specified in the order, and
(c) prescribing such conditions as the judge shall determine.
1980
77-33-4 Summoning prisoner in this state to testify in another state - Order to provide for return, safeguards on custody, and payment of expenses.
The order to the witness and to the person having custody
of the witness shall provide for the return of the witness
at the conclusion of his testimony, proper safeguards on
his custody, and proper financial reimbursement or prepayment
by the requesting jurisdiction for all expenses incurred
in the production and return of the witness, and may prescribe
such other conditions as the judge thinks proper or necessary.
The order shall not become effective until the judge of the
state requesting the witness enters an order directing compliance
with the conditions prescribed.
1980
77-33-5 Rendition procedure inapplicable to person confined as insane or mentally ill or under sentence of death.
This act does not apply to any person in this state confined
as insane or mentally ill or under sentence of death.
1980
77-33-6 Prisoner in another state summoned to testify in this state - Certificate of judge.
If a person confined in a penal institution in any state
may be a material witness in a criminal action pending in
a court of record or in a grand jury investigation in this
state, a judge of the court 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 another state may
be a material witness in the proceeding, investigation, or
action, and (3) that his presence will be required during
a specified time. The certificate shall be presented to a
judge of a court of record in the other state having jurisdiction
over the prisoner confined, and a notice shall be given to
the attorney general of the state in which the prisoner is
confined.
1980
77-33-7 Prisoner in another state summoned to testify in this state - Order of compliance with terms and conditions prescribed by out-of-state judge.
The judge of the court in this state may enter an order
directing compliance with the terms and conditions prescribed
by the judge of the state in which the witness is confined.
1980
77-33-8 Exemption of prisoner from another state from arrest or service of process.
If a witness from another state comes into or passes through
this state under an order directing him to attend and testify
in this or another state, he shall not while in this state
pursuant to the order be subject to arrest or the service
of process, civil or criminal, because of any act committed
prior to his arrival in this state under the order.
1980
77-33-9 Uniformity of interpretation.
This act shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact
it.
1980
77-33-10 Citation - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
This act may be cited as the "Uniform Rendition of Prisoners
as Witnesses in Criminal Proceedings Act."
1980
