Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 220/2

(725 ILCS 220/2) (from Ch. 38, par. 156-2)

Sec. 2.

Summoning
witness in this state to testify in another state.

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
his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court 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.

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.

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.

No subpoena, summons, or order shall be issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity, as defined by the Lawful Health Care Activity Act, that is not unlawful under the laws of this State. This limitation does not apply for the purpose of complying with obligations under Brady v. Maryland (373 U.S. 83) or Giglio v. United States (405 U.S. 150).

If the witness, who is summoned as above provided, after being paid or
tendered by some properly authorized person the sum of 10 cents a mile for
each mile by the ordinary travel route to and from the court where the
prosecution is pending and five dollars 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 in this state.

(Source: P.A. 102-1117, eff. 1-13-23.)