(725 ILCS 235/1) (from Ch. 38, par. 157-1)
Sec. 1.
Definitions.
As used in this act,
(a) "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.
(b) "Penal institution" includes a jail, prison, penitentiary, house of
correction, or other place of penal detention.
(c) "State" includes any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory of the United
States.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/2) (from Ch. 38, par. 157-2)
Sec. 2.
Summoning
witness in this state to testify in another state.
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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/3) (from Ch. 38, par. 157-3)
Sec. 3.
Court
order.
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 interests 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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/4) (from Ch. 38, par. 157-4)
Sec. 4.
Terms and
conditions.
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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/5) (from Ch. 38, par. 157-5)
Sec. 5. Exceptions.
This Act does not apply to any person in this State confined as mentally
ill or in need of mental treatment.
(Source: P.A. 103-51, eff. 1-1-24.)
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(725 ILCS 235/6) (from Ch. 38, par. 157-6)
Sec. 6.
Prisoner
from another state summoned to testify in this state.
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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/7) (from Ch. 38, par. 157-7)
Sec. 7.
Compliance.
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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/8) (from Ch. 38, par. 157-8)
Sec. 8.
Exemption
from arrest and 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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/9) (from Ch. 38, par. 157-9)
Sec. 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.
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/10) (from Ch. 38, par. 157-10)
Sec. 10.
Short
title.
This act may be cited as the "Uniform Rendition of Prisoners as
Witnesses in Criminal Proceedings Act".
(Source: Laws 1963, p. 2171.)
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(725 ILCS 235/11) (from Ch. 38, par. 157-11)
Sec. 11.
Severability clause.
If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of this
act are severable.
(Source: Laws 1963, p. 2171.)
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