PRINTER'S NO. 1235
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
877
Session of
2019
INTRODUCED BY HUGHES, TARTAGLIONE, KEARNEY AND SCHWANK,
OCTOBER 7, 2019
REFERRED TO JUDICIARY, OCTOBER 7, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, providing for material witness warrants and
exceptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5906. Material witness warrants and exceptions.
(a) General rule.--Except as provided in subsection (b), the
district attorney or defense counsel may motion a court of
competent jurisdiction to issue a material witness warrant when,
in the district attorney's or defense counsel's judgment, the
testimony of a witness is essential to the prosecution or the
defense and that it may become impracticable to secure the
presence of a witness by subpoena. The court shall first attempt
to use the least restrictive means available for securing the
appearance of the witness in court and only jail the witness
when, in the opinion of the court, no other option is
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