(a)  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 the person’s presence will be required during a specified time.

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Terms Used In Rhode Island General Laws 12-16.1-6

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States. See Rhode Island General Laws 12-16.1-1
  • 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. See Rhode Island General Laws 12-16.1-1

(b)  The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the confined prisoner, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

History of Section.
P.L. 1970, ch. 4, § 1.