22-4210. Summoning person confined in another state; certification; notice to attorney general; exceptions to act. If a person confined in a penal institution in any other 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 the other 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.
This act does not apply to any person in this state confined as mentally ill, in need of mental treatment, or under sentence of death or life without the possibility of parole.
History: L. 1973, ch. 145, § 4; L. 2014, ch. 114, § 10; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 42 - Out-of-state Witnesses
22-4202 Summoning witness in this state to testify in another state.
22-4203 Out-of-state witnesses; fees and mileage.
22-4204 Exemption from arrest and service of process.
22-4205 Uniformity of interpretation.
22-4208 Summoning confined witness in this state to appear in another state; court order.
22-4209 Terms and conditions of order.
22-4211 Order of compliance by judge in this state.
22-4212 Immunity of witness from arrest or service of process in this state for prior act.