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Introduced Version House Bill 2347 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2347


(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 22, 1999; referred to the
Committee on the Judiciary.]



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.
§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) 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.
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