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REFERENCE TITLE: witnesses; health care providers; subpoenas |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2464 |
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Introduced by Representative Brophy McGee
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AN ACT
amending sections 13‑4072 and 13‑4092, Arizona Revised Statutes; relating to attendance of witnesses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4072, Arizona Revised Statutes, is amended to read:
13-4072. Service of subpoena; licensed health care provider notice requirement
A. A subpoena may be served by any person.
B. A subpoena may be served by any of the following methods:
1. Personal service.
2. Certified mail.
3. First class mail, if a certificate of service and return card is are returned by the addressee.
C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.
D. Subpoenas may be served by certified mail for delivery to the addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.
E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.
F. A peace officer shall serve in his county any subpoena delivered to him for service, either on behalf of this state or the defendant.
G. The methods described in this section also apply to out‑of‑county subpoenas as set forth in section 13‑4076.
G. If a subpoena commands the appearance of a licensed health care provider as defined in section 12‑561, the subpoena shall be served at least fourteen days before the date of the appearance. The party requesting the subpoena shall make reasonable and good faith efforts to accommodate the patient care and treatment schedule of the licensed health care provider.
Sec. 2. Section 13-4092, Arizona Revised Statutes, is amended to read:
13-4092. Summoning witness in this state to testify in another state; licensed health care providers
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 this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such 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 a hearing.
B. If at a hearing 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, will give to him protection from arrest and the service of civil and criminal process, he 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. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
C. If the 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, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
D. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars 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 a witness who disobeys a summons issued from a court of record in this state.
E. If the witness, who is summoned as above provided, is a licensed health care provider as defined in section 12‑561, the laws in this state and all privileges, defenses and protections available under the laws of this state apply to the witness in all hearings, proceedings and adjudications in the criminal prosecution and grand jury investigation, regardless of the law in the requesting state.