Chapter 351 1st Session H. R. 4106 AN ACT To amend section 1732 of title 28, United States Code, entitled "Judiciary and judicial procedure" by adding a new subsection thereto "To permit the photographic reproduction of business records and the introduction of the same in evidence". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1732 of title 28 of the United States Code entitled "Judiciary and judicial procedure" is amended by inserting "(a)" immediately preceding the first paragraph thereof, and by adding a new subsection to read as follows: "(b) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.' SEC. 2. The analysis of section 1732 of chapter 115 of title 28, United States Code, immediately preceding section 1731 of such title, is amended so as to read: "1782. Record made in regular course of business; photographic copies." SEC. 3. The catchline of section 1732, chapter 115 of title 28, United States Code, is amended so as to read: "1732. Record made in regular course of business; photographic copies." Approved August 28, 1951. To authorize the use of appropriations for refunding moneys erroneously received and covered for the refund of forfeited bail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter appropriations available for refunding moneys erroneously received and covered shall be available for the refund of forfeited bail covered All 65 Stat. 658. into the general fund of the Treasury which has been ordered remitted, 62 Stat. 846. in whole or in part, pursuant to the Federal Rules of Criminal 18 U.S.C. Procedure. Approved October 27, 1951. oh. 237. (328) Chapter 82 - 2d Session H. R. 5256 AN ACT To secure the attendance of witnesses from without the District of Columbia in criminal proceedings. 66 Stat. 14. 66 Stat. 15. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Witnesses, be cited as the "District of Columbia Uniform Act To Secure the D. c. Attendance of Witnesses From Without a State in Criminal Short title. Proceedings". SEC. 2. As used in this Act (a) The term "witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. (b) The word "State" includes any Territory of the United States and the District of Columbia. (c) The word "summons" includes a subpena, order, or other notice requiring the appearance of a witness. Definitions. SEC. 3. (a) If a judge of a court of record in any State which by Persons its laws has made provision for commanding persons within that in D. C. State to attend and testify in the District of Columbia certifies under Certification the seal of such court (1) that there is a criminal prosecution pending requirement. in such court, or that a grand jury investigation has commenced or is about to commence, (2) that a person being within the District of Columbia is a material witness in such prosecution, or grand jury investigation, and (3) that his presence will be required for a speci fied number of days, upon presentation of such certificate to any D. C. municjudge of the municipal court for the District of Columbia, such judge ipal court. shall fix a time and place for a hearing, and shall make an order Hearings and directing the witness to appear at a time and place certain for the determinahearing. (b) If at such 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 and of any other State through which the witness may be required to pass by ordinary course of travel, 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 said 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 said 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 subpena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting State. tions. (d) If the witness, who is summoned as above provided, after Failure to being paid or tendered by some properly authorized person the sum of attend, etc. 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 Persons outside D. C. Issuance of certificate. 66 Stat. 15. 66 Stat. 16. Payment. 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 the municipal court for the District of Columbia. SEC. 4. (a) If a person in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in the District of Columbia, is a material witness in a prosecution pending in a court of record in the District of Columbia, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of the United States or the District of Columbia to assure his attendance in the District of Columbia. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. (b) If the witness is summoned to attend and testify in the District of Columbia he shall be tendered 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 or where the grand jury investigation has commenced or is about to commence, and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the District of Columbia a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into the District attend, etc. of Columbia, fails without good cause to attend and testify as directed in the summons, he may be punished in the manner provided for the punishment of any other witness who disobeys a summons issued from the court in the District of Columbia where the prosecution has been instituted or the grand jury investigation has commenced or is about to commence. Failure to Exemption from arrest. Separability. SEC. 5. (a) If a person comes into the District of Columbia in obedience to a summons directing him to attend and testify in the District of Columbia he shall not while in the District of Columbia pursuant to such summons be subject to arrest or the service of civil or criminal, in connection with matters which arose before his entrance into the District of Columbia under the summons. process, (b) If a person passes through the District of Columbia while going to another State in obedience to a summons to attend and testify in that State or while returning therefrom, he shall not while so passing through the District of Columbia be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the District of Columbia under the summons. SEC. 6. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not apply to other provisions of this Act. To extend the Youth Corrections Act to the District of Columbia. Federal Youth ments. 64 Stat. 1089. Be it enacted by the Senate and House of Representatives of the Act, amendUnited States of America in Congress assembled, That section 5023, title 18 of the United States Code is amended to read as follows: "SEC. 5023. (a) Nothing in this chapter shall limit or affect the power of any court to suspend the imposition or execution of any sentence and place a youth offender on probation or be construed in any wise to amend, repeal, or affect the provisions of chapter 231 of this title or the Act of June 25, 1910 (ch. 433, 36 Stat. 864), as amended 62 Stat. 842. (ch. 1, title 24, of the D. of C. Code), both relative to probation. 18 U.S.C. "(b) Nothing in this chapter shall be construed in any wise to $83651-3656. amend, repeal, or affect the provisions of chapter 403 of this title (the Federal Juvenile Delinquency Act), or limit the jurisdiction of 62 Stat. 857. the United States courts in the administration and enforcement of 18 U.S.C. that chapter except that the powers as to parole of juvenile delinquents $$ 5031-5037. shall be exercised by the Division. "(c) Nothing in this chapter shall be construed in any wise to amend, repeal, or affect the provisions of the Juvenile Court Act of the District of Columbia (ch. 9, title 11, of the D. of C. Code).” 34 Stat. 73. SEC. 2. Section 5024, title 18, of the United States Code is amended 64 Stat. 1089. to read as follows: "SEC. 5024. WHERE APPLICABLE.-This chapter shall apply in the continental United States other than Alaska, and to youth offenders convicted in the District of Columbia of offenses under any law of the United States not applicable exclusively to such District, and to other youth offenders convicted in the District to the extent authorized under section 5025." SEC. 3 (a) Chapter 402 of title 18, United States Code, is hereby amended by adding at the end thereof, immediately after section 5024, two new sections as follows: " 5025. Applicability to District of Columbia prisoners. "The District of Columbia is authorized either to provide its own facilities and personnel or to contract with the Director for the treatment and rehabilitation of committed youth offenders convicted of offenses under any law of the United States applicable exclusively to the District. Wherever undergoing treatment such committed youth offenders shall be subject to all the provisions of this chapter as though convicted of offenses not applicable exclusively to the District. "§ 5026. Parole of other offenders not affected. "Nothing in this chapter shall be construed as repealing or modifying the duties, power, or authority of the Board of Parole, or of the Board of Parole of the District of Columbia, with respect to the parole of United States prisoners, or prisoners convicted in the District of Columbia, respectively, not held to be committed youth offenders or juvenile delinquents." (b) Section 3 (b) of the Act of September 30, 1950 (ch. 1115, 64 Stat.), relating to the Board of Parole is repealed. 66 Stat. 45. 66 Stat. 46. 64 Stat. 1085. 64 Stat. 1089. 18 U.S.C. § 5005 note. |