Senate Bill No. 200
(By Senators Tomblin (Mr. President) and Sprouse,
By Request of the Executive)
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[Introduced January 22, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section eleven, article one, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring state law- enforcement and corrections agencies to deliver persons who
signed a waiver of extradition prior to their release and
who have broken the terms of their probation, parole, bail
or other conditional release to the demanding state without
the requirement of a governor's warrant; and setting forth
the documentation required of the demanding state before the
person is delivered to the demanding state.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. THE GOVERNOR.
ยง5-1-11. Immunity from service of civil process; waiver of
extradition proceedings; nonwaiver of rights of state; trial on other charges after return.
(a) A person brought into this state by, or after waiver of,
extradition based on a criminal charge, shall not be subject to
service of personal process in civil actions until he has been
convicted in the criminal proceedings, or, if acquitted, until he
has had reasonable opportunity to return to the state from which
he was extradited.
(b) Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped
from confinement, or broken the terms of his bail, probation or
parole may waive the issuance and service of the warrant provided
for in subsections (a) and (d), section eight of this article,
and all other procedure incidental to extradition proceedings, by
executing or subscribing in the presence of a judge of any court
of record, within this state a writing which states that he
consents to return to the demanding state: Provided, That before
such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his
rights with respect to the issuance and service of a warrant of
extradition and with respect to obtaining a writ of habeas corpus
as provided for in subsection (a), section nine of this article.
If and when such consent has been duly executed it shall
forthwith be forwarded to the office of the governor of this
state and be filed by him in the office of the secretary of
state. The judge shall direct the officer having such person in
custody to deliver forthwith such person to the duly accredited
agent or agents of the demanding state, and shall deliver or
cause to be delivered to such agent or agents a copy of such
consent: Provided, That nothing in this subdivision shall be
deemed to limit the rights of the accused person to return
voluntarily and without formality to the demanding state, nor
shall this waiver procedure be deemed to be an exclusive
procedure or to limit the powers, rights, or duties of the
officers of the demanding state or of this state.
(c) Nothing in this article contained shall be deemed to
constitute a waiver by this state of its right, power or
privilege to try such demanded person for crime committed within
this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the
purpose of trial, sentence or punishment for any crime committed
within this state, nor shall any proceedings had under this
article which result in, or fail to result in, extradition, be
deemed a waiver by this state of any of its rights, privileges or
jurisdiction in any way whatsoever.
(d) After a person has been brought back to this state by,
or after waiver of, extradition proceedings, he may be tried in
this state for other crimes which he may be charged with having
committed here as well as that specified in the requisition for
his extradition.
(e) Prior Waiver of Extradition. Notwithstanding any other
provision of law, a law enforcement or correction agency in the
state of West Virginia holding a person who is alleged by another
state to have broken the terms of such person's probation,
parole, bail or any other conditional release in the demanding
state shall immediately deliver the person to the duly authorized
agent of the demanding state, and without the requirement of a
governor's warrant, if such person has signed a prior waiver of
extradition as a condition of such person's current probation,
parole, bail or other conditional release in the demanding state and upon receipt of the following documentation from the
demanding state:
(1) A certified copy of the prior waiver of extradition
signed by the person being held by the law enforcement or
correction agency, or an electronically or electromagnetically
transmitted facsimile thereof;
(2) A certified copy of an order or warrant from the
demanding state directing the return of the person for violating
the conditions of such person's probation, parole, bail or other
conditional release or an electronically or electromagnetically
transmitted facsimile thereof; and
(3) A photograph, fingerprints, or other evidence which
identifies the person held by the law enforcement or correction
agency as the person who signed the waiver of extradition and who
is named in the order or warrant, or an electronically or
electromagnetically transmitted facsimile thereof.
NOTE: The purpose of this bill is to eliminate the
requirement of a formal extradition to return an absconding
parolee, probationer and bailer who has signed a waiver of
extradition as a condition of his release. This will save
substantial time and resources.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.