COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 200
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 11, 1999.]
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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 violated the terms of their probation, parole, bail
or other conditional release to the demanding state without
the requirement of a governor's warrant; setting forth the
documentation required of the demanding state before the
person is delivered to the demanding state; and clarifying
the governor's authority to refuse a demand at his or her
instance where a waiver has been executed.
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.
§5-1-11. 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) Prior Waiver of Extradition. Notwithstanding any other
provision of this code, a law-enforcement or correction agency in
the state of West Virginia holding a person who is charged by
another jurisdiction with a violation of his or her terms of probation, parole, bail or other form of conditional release in
another jurisdiction which is demanding the return of such person
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 previously executed a
waiver of extradition as a condition of his or her current terms
of probation, parole, bail, or other form of conditional release
in the demanding state and upon receipt of the following
documentation from the demanding state:
(1) A certified copy of the previously executed waiver of
extradition being held by the officials in the demanding state or
an electronically or electromagnetically transmitted facsimile
thereof;
(2) A certified copy of an order or warrant from the
demanding state seeking the return of the person 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.
(c)(d) 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 an offense
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 offense 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)(e) 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 any offense which he may be
charged with having committed here as well as that specified in
the requisition for his extradition.
(f) Nothing in this section shall be construed to limit the
authority of the governor, at his or her own instance, to refuse
to honor an extradition demand from another jurisdiction.
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(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.)