ENROLLED
H. B. 2347
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed February 24, 1999; in effect ninety days from passage.]
AN ACT 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.
(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 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 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.
(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 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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