Section 9-302 - Summoning witnesses to testify in another state(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in the State certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, that a person being within the State is a material witness in the prosecution, or grand jury investigation, and that the presence of that person will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record, in the county in which the person is, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.(b)(1)(i) Except as provided in paragraph (2) of this subsection, if at a hearing under this subsection the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons.(ii) In a hearing under this subsection, the certificate shall be prima facie evidence of all the facts stated therein.(2)(i) In this paragraph, "legally protected health care" has the meaning stated in § 2-312 of the State Personnel and Pensions Article.(ii) A judge may not order a person within the State to give testimony or a statement, or produce documents, electronically stored information, or other tangible things under this subsection, in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence, for a violation of a criminal law of another state involving the provision of, receipt of, or assistance with legally protected health care in the State, unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State.(c) If a certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for a hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of a desirability may, in lieu of issuing a subpoena or summons, order that a witness be forthwith taken into custody and delivered to an officer of the requesting state, provided, however, that the witness may be admitted to bail in the amount as may be fixed by the judge upon condition that the witness will appear at the time and place specified in the subpoena or summons served upon him.(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.Brought forward without change, 2024 Md. Laws, Ch. 863,Sec. 1, eff. 10/1/2024.Amended by 2023 Md. Laws, Ch. 247, Sec. 1, eff. 6/1/2023.Amended by 2023 Md. Laws, Ch. 246, Sec. 1, eff. 6/1/2023.