If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this Commonwealth, a judge of the court may certify:
(1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;
(2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation or action; and
(3) that the presence of the person will be required during a specified time.
The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined and a notice shall be given to the Attorney General of the state in which the prisoner is confined.
Transfer of Functions. The powers and duties of the Attorney General and/or the Department of Justice contained in section 5977 were transferred to the Office of General Counsel by section 502 of the act of October 15, 1980, P.L.950, No.164, known as the Commonwealth Attorneys Act, effective January 20, 1981.
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