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Committee hears bill to reimburse civilian witnesses for mileage in criminal cases
Summary
Representative Kelly Potenza introduced a bill to require the state to pay mileage for civilian witnesses who must return to court after repeated defendant no-shows; prosecutors and a county attorney described prior fee schedules and administrative steps, while senators pressed for fiscal detail.
Representative Kelly Potenza, sponsor of the bill identified in the hearing as "6 97," told the Senate Judiciary Committee the proposal would reimburse civilian witnesses for mileage when they must return to court after repeated defendant no-shows.
"So I put this bill in, to have compensation on mileage," Potenza said, describing requests she received from prosecutors in “Coloss County” who were losing witnesses after multiple court cancellations.
The bill, Potenza said, was routed through the House on consent with full support. She told the committee the intent is narrow: pay mileage to civilian witnesses who must attend hearings or trials for the state when repeated continuances or defendant no-shows create multiple trips.
Committee members pressed for fiscal detail. A senator asked who would bear the cost and how much the state might pay. Representative Jonah O'Ryan Wheeler, speaking as a cosponsor, said federal law provides a $40 witness fee in federal court and that federal mileage follows the IRS rate; Wheeler cited an attorney who had informed him of the federal practice.
Assistant County Attorney Steven Hedris told the committee that under a prior state provision witnesses received $12 for each half day and 17 cents per mile, and that the payment process historically involved sign-in sheets and prosecutor confirmation. "The way that used to work is those fees were paid by the attorney general's office," Hedris said, adding that current federal mileage is set by IRS rates and federal witness pay is $40 per day under Title 18.
Committee members and the sponsor discussed whether the bill should limit payments to mileage only; Potenza said mileage was the objective and that she was not prepared to defend a broader per-day fee at the hearing.
No final vote or committee recommendation on this bill was recorded in the public portion of the transcript; the hearing moved on after questions.
The committee did not provide a fiscal note update at the hearing; senators asked for one.
Votes or formal committee action on this specific bill were not recorded in the transcript excerpt provided.
