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Session Laws, 1959
Volume 642, Page 151   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            151

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved March 3, 1959.

CHAPTER 131
(House Bill 19)

AN ACT to add new Section 20A to Article 35 of the Annotated
Code of Maryland (1957 Edition), title "Evidence," sub-title
"Attendance and Pay of Witnessess," to follow immediately after
Section 20 thereof, providing for the procedure for a witness
summoned as a material witness in criminal proceedings in this
State and detained in jail in default of bond, and relating gen-
erally to such witnesses.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 20A be and it is hereby added to Article 35 of
the Annotated Code of Maryland (1957 Edition), title "Evidence,"
sub-title "Attendance and Pay of Witnesses," to follow immediately
after Section 20 thereof and to read as follows:

20 A.

(a). In any criminal proceedings wherein a warrant shall MAY be
issued for the purpose of requiring the attendance of a person as a
material witness for the State, it shall be mandatory, before he may
be committed to jail, that such person be taken promptly before
a committing magistrate
WHO HAS THE POWER TO COMMIT
if in the counties or before a police magistrate if in the City of
Baltimore.

(b). If the said magistrate shall determine AFTER A HEARING
that the person so brought before him should be held as a witness
for the State, the magistrate shall set a reasonable bond for the
appearance when required of the witness in the criminal proceedings.

(c). In the event the witness is unable to post the bond set by the
magistrate, then in default of such bond, the witness shall be com-
mitted to jail.

(d). Upon the commitment to jail in default of bond of any such
witness, the magistrate before whom such witness appeared shall
IMMEDIATELY notify the State's Attorney of the City or county
wherein the witness is being held, that such witness is being held in
jail in default of bond. The sheriff, warden or other custodian of any
jail in which such a witness may be held shall also
IMMEDIATELY
notify the State's Attorney of the city or county wherin WHEREIN
the jail may be located that a SUCH witness is being held in default
of bond.

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1959
Volume 642, Page 151   View pdf image (33K)
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