PENNSYLVANIA, March 10 - PRINTER'S NO. 333

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

326

Session of

2021

INTRODUCED BY HUGHES, KEARNEY, FONTANA, SANTARSIERO AND

TARTAGLIONE, MARCH 10, 2021

REFERRED TO JUDICIARY, MARCH 10, 2021

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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