622                              Laws of Maryland                      [Ch. 181

§ 20A. Procedure for holding witness in criminal proceedings.

(a)  Taking before [magistrate] commissioner required.—In any
criminal proceedings wherein a warrant 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 [magistrate who has the
power to commit if in the counties or before a police magistrate if in
the City of Baltimore] District Court commissioner.

(b)  Hearing; [magistrate] commissioner to set bond.—If the said
[magistrate] District Court commissioner shall determine after a
hearing that the person so brought before him should be held as a wit-
ness for the State, [the magistrate] he shall set a reasonable bond
for the appearance when required of the witness in the criminal pro-
ceedings.

(c)  Commitment to jail in default of bond.—In the event the wit-
ness is unable to post the bond set by the [magistrate] District
Court commissioner, then in default of such bond, the witness
shall be committed to jail.

(d)   Notification of State's attorney when witness committed to
jail.—Upon the commitment to jail in default of bond of any such
witness, the [magistrate] District Court commissioner 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 wit-
ness 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 wherein the jail may be located that such witness is being
held in default of bond.

(e)  Release from custody after seven days.—Unless the State's at-
torney of the city or county wherein the witness may be committed
shall make application in writing prior to the expiration of a period of
seven calendar days from the date of commitment of the witness to a
judge of the circuit court or to a judge of the Supreme Bench of Balti-
more City wherein the witness is committed for authority to continue
to hold such witness, the sheriff, warden or other custodian of the jail
wherein the witness is committed shall immediately upon the expira-
tion of the said seven-day period release any witness who shall not
already have been released because of having posted the required bond
during the said seven-day period.

(f)  Grant of authority to hold witness longer than seven days.—
The filing of the petition for authority to continue to hold a witness
longer than seven days as herein provided may be granted by the
judge, only upon such conditions and in accordance with the proce-
dure as is provided by "The Maryland Rules of Procedure."

(g)  Authority of State's attorney to order release.—The State's at-
torney of the city or county, where the witness is being held in default
of bond, shall have authority to order the release of said witness from
custody at any time either before or after the expiration of said
seven-day period, by placing an endorsement to that effect on the com-
mitment or warrant.

[§ 35. Compensation of witnesses.

All witnesses summoned under such commissions shall be allowed
the same pay for their attendance as is allowed for the attendance of