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Committee hears bill to allow notice to appear for unavailable or material witnesses
Summary
Senate Bill 203 would authorize courts to issue a notice to appear for a witness personally served with a subpoena who fails to appear and to treat that failure as a basis for declaring the witness unavailable under rules of evidence; public defenders opposed the bill citing due-process and confrontation concerns.
Senate Bill 203, which would authorize a court to issue a notice to appear for a witness who was personally served with a subpoena but does not appear and to treat the failure as a statutory basis for considering the witness "unavailable," received testimony in the Senate Judiciary Committee but was not worked to a vote.
Joshua Stewart, senior assistant district attorney in Sedgwick County,…
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