§5-1-7. Extradition of persons charged with crime in another state or imprisoned or awaiting trial in another state


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-1-7

§5-1-7. Extradition of persons charged with crime in another state

or imprisoned or awaiting trial in another state.

(a) Where appearing in this article, the term "governor"

includes any person performing the functions of governor by

authority of the law of this state. The term "executive authority"

includes the governor, and any person performing the functions of

governor in a state other than this state. The term "state,"

referring to a state other than this state, includes any other

state or territory, organized or unorganized, of the United States

of America.

(b) Subject to the provisions of this article, the provisions

of the constitution of the United States controlling, and any and

all acts of Congress enacted in pursuance thereof, it is the duty

of the governor of this state to have arrested and delivered up to

the executive authority of any other state of the United States any

person charged in that state with treason, felony, or other crime,

who has fled from justice and is found in this state: Provided,

That the demand or application of the executive authority of such

other state is accompanied by an affidavit or sworn evidence that

the demand or application is made in good faith for the punishment

of crime, and not for the purpose of collecting a debt or pecuniary

mulct, or of removing the alleged fugitive to a foreign

jurisdiction with a view to serve him there with civil process.

(c) No demand for the extradition of a person charged with

crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under subdivision (g)

of this section, that the accused was present in the demanding

state at the time of the commission of the alleged crime, and that

thereafter he fled from the state, and accompanied by a copy of an

indictment found, or by information supported by affidavit, in the

state having jurisdiction of the crime, or by a copy of an

affidavit made before a magistrate or justice there, together with

a copy of any warrant which was issued thereupon; or by a copy of

a judgment of conviction or a sentence imposed in execution

thereof, together with a statement by the executive authority of

the demanding state that the person claimed has escaped from

confinement or has broken the terms of his bail, probation or

parole. The indictment, information, or affidavit made before the

magistrate or justice must substantially charge the person demanded

with having committed a crime under the law of that state; and the

copy of indictment, information, affidavit, judgment of conviction

or sentence must be authenticated by the executive authority making

the demand.

(d) When a demand shall be made upon the governor of this

state by the executive authority of another state for the surrender

of a person so charged with crime, the governor may call upon the

attorney general, any prosecuting officer, or the department of

public safety, in this state to investigate or assist in

investigating the demand, and to report to him the situation and

circumstances of the person so demanded, and whether he ought to be surrendered.

(e) When it is desired to have returned to this state a person

charged in this state with crime, and such person is imprisoned or

is held under criminal proceedings then pending against him in

another state, the governor of this state may agree with the

executive authority of such other state for the extradition of such

person before the conclusion of such proceedings or his term of

sentence in such other state, upon condition that such person be

returned to such other state at the expense of this state as soon

as the prosecution in this state is terminated.

(f) The governor of this state may also surrender on demand of

the executive authority of any other state any person in this state

who is charged in the manner provided in subdivision (b) of section

ten of this article, with having violated the laws of the state

whose executive authority is making the demand, even though such

person left the demanding state voluntarily (involuntarily).

(g) The governor of this state may also surrender, on demand

of the executive authority of any other state, any person in this

state charged in such other state in the manner provided in

subdivision (c) of this section, with committing an act in this

state, or in a third state, intentionally resulting in a crime in

the state whose executive authority is making the demand, and the

provisions of this article not otherwise inconsistent, shall apply

to such cases, even though the accused was not in that state at the

time of the commission of the crime, and has not fled therefrom.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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