Chap. 305.—An ACT to amend the Code of Virginia by adding thereto a new chapter
numbered 203-A and thirty-one new sections numbered 5070-a to 5070-ee, both
inclusive, providing for the extradition of persons in this State accused or con-
victed of crime in other States and territories of the United States and in the
District of Columbia, providing for the requisitioning and return to this State
of persons in other States and territories of the United States or in the District
of Columbia who are accused or convicted of crime against the laws of this
State and making the law uniform with reference thereto; and to repeal Sections
5061 to 5067, both inclusive, of the Code of Virginia. [S B 194]

Approved March 28, 1940

1. Beit enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new chapter num-
bered two hundred and three-a, consisting of thirty-one new sections
numbered five thousand and seventy-a to five thousand and seventy-ee,
both inclusive, which new chapter and new sections shall read as

ollows:

CHAPTER 203-A
EXTRADITION OF CRIMINALS

Section 5070-a. Definitions—Where appearing in this act, 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, and 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, and the District of Columbia. The term “‘judge’’ means a
judge of a court of record having criminal jurisdiction, and the term
‘“‘justice’” means a police justice, a civil and police justice or a trial
justice.

Section 5070-b. Fugitives From Justice; Duty of Governor.—
Subject to the provisions of this act, 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 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.

Section 5070-c. Form of Demand.—No demand for the extra-
dition of a person charged with crime in another State shall be recog-
nized by the Governor unless in writing alleging, except in cases arising
under section five thousand and seventy-f 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 such State, and accompanied
by a copy of an indictment found or by a copy of an information
supported by an affidavit filed in the State having jurisdiction of the
crime, or by a copy of an affidavit made before a magistrate in such
State, together with a copy of any warrant which was issued there-
upon; or by a copy of a judgment of conviction or of a sentence im-
yosed in execution thereof, together with a statement by the exechh'v™
1uthority of the demanding State that the person claimed has escaped
tom confinement or has broken the terms of his b<eil, probation or
yarole. The indictment, information, or affidavit raade before the
nagistrate must substantially charge the person demanded with
1aving committed a crime under the law of that State; and the copy
sf indictment information, affidavit, judgment of conviction or sen-
fence must be authenticated by the executive authority making the
demand.

Section 5070-d. Governor May Investigate Case.—When a de-
mand 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 or any
other officer of 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.

Section 5070-e. Extradition of Persons Impriscned or Awaiting
Trial in Another State or Who Have Left the Demanding State
Under Compulsion.—When it is desired to have returned to this State
a person charged in this State with a crime, and such person is im-
prisoned 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 o1 his term of sen-
tence 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 prosecu-
tion in this State is terminated.

The Governor of this State may also surrender on demand of the
executive authority of any other State any person in this State whc
is charged in the manner provided in section five thousand anc
seventy-w of this chapter, with having violated the laws of the State
whose executive authority is making the demand, even though sucl
person left the demanding State involuntarily.

Section 5070-f. Extradition of Persons Not Present in Demanding
State at Time of Commission of Crime.—The Governor of this Stat
may also surrender, on demand of the executive authority of an}
other State, any person in this State charged in sich other State i]
the manner provided in section five thousand and seventy-c witl
committing an act in this State, or in a third State, intentionall:
resulting in a crime in the State whose executive authority is makin
the demand, and the provisions of this chapter not otherwise incon
sistent, shall apply to such cases, even though the accused was nc
in that State at the time of the commission of the crime, and has nc
fled therefrom.

Section 5070-g. Issue of Governor’s Warrant of Arrest; Its Re
citals.—If the Governor decides that the demand should be complie
with, he shall sign a warrant of arrest, which shall be sealed with tk
State seal, and be directed to the sheriff or sergeant of any count
or city or to any peace officer or other person whom he may thin
fit to entrust with the execution thereof. The warrant must sub-
stantially recite the facts necessary to the validity of its issuance.

Section 5070-h. Manner and Place of Execution.—Such warrant
shall authorize the officer or other person to whom it is directed to
arrest the accused at any time and at any place where he may be
found within the State and to command the aid of all peace officers
or other persons in the execution of the warrant and to deliver the
accused, subject to the provisions of this chapter, to the duly au-
thorized agent of the demanding State.

Section 5070-i. Authority of Arresting Officer—Every officer or
other person empowered to make the arrest, as provided in the pre-
ceding section, shall have the same authority, i in arresting the accused,
to command assistance therein as the sheriffs and sergeants of the
several counties and cities of this State have by law in the execution
of any criminal process directed to them, with like penalties against
those who refuse to render their assistance.

Section 5070-j. Rights of Accused Persons; Application for Writ
of Habeas Corpus.—No person arrested upon such warrant shall be
delivered over to the agent whom the executive authority demanding
him shall have appointed to receive him unless he shall first be taken
forthwith before a judge or justice in this State, who shall inform him
of the demand made for his surrender and of the crime with which he
is charged, and that he has the right to demand and procure legal
counsel; and if the prisoner or his counsel shall state that he or they
desire to test the legality of his arrest, the judge or justice shall fix a
reasonable time to be allowed him within which to apply for a writ
of habeas corpus. When such writ is applied for, notice thereof and
of the time and place of hearing thereon shall be given to the attorney
for the Commonwealth of the county or city in which the arrest is
made and in which the accused is in custody, and to the said agent
of the demanding State.

Section 5070-k. Penalty for Non-Compliance with Preceding
Section.—Any officer who shall deliver to the agent for extradition of
the demanding State a person in his custody under the Governor's
warrant, in wilful disobedience to the last preceding section, shall be
guilty of a misdemeanor and, on conviction, shall be punished ac-
cordingly.

Section 5070-1. Confinement in Jail When Necessary.—The officer
or persons executing the Governor’s warrant of arrest, or the agent of
the demanding State to whom the prisoner may have been delivered,
may, when necessary, confine the prisoner in the jail of any county or
city through which he may pass; and the keeper of such jail shall
receive and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route, such officer or person
being chargeable with the expense of keeping.

The officer or agent of a demanding State to whom a prisoner may
have been delivered following extradition proceedings in another
State or to whom a prisoner may have been delivered after waiving
extradition in such other State, and who is passing through this
State with such prisoner for the purpose of immediz.tely returning
such prisoner to the demanding State may, when necessary, confine
the prisoner in the jail of any county or city through which he may
pass; and the keeper of such jail shall receive and safely keep the
prisoner until the officer or agent having charge of him is ready to
proceed on his route, such officer or agent, however, being chargeable
with the expense of keeping; provided, however, that such officer or
agent shall produce and show to the keeper of such jail satisfactory
written evidence of the fact that he is actually transporting such
prisoner to the demanding State after a requisition by the executive
authority of such demanding State. Such prisoner shall not be
entitled to demand a new requisition while in this Sta:e.

Section 5070-m. Arrest Prior to Requisition. Whenever any
person within this State shall be charged on the oath of any credible
person before any judge, justice, justice of the peace or other officer
authorized to issue criminal warrants in this State w:th the commis-
sion of any crime in any other State and except in cases arising under
section five thousand seventy-f, with having fled from justice, or
with having been convicted of a crime in that State: and of having
escaped from confinement, or of having broken the terms of his bail,
probation or parole, or whenever complaint shall have been made
before any such judge, justice, justice of the peace o1 other officer in
this State setting forth on the affidavit of any credible person in
another State that a crime has been committed in such other State
and that the accused has been charged in such State with the com-
mission of the crime, and, except in cases arising under section five
thousand and seventy-f, has fled from justice, or with having been
convicted of a crime in that State and of having escaped from con-
finement, or of having broken the terms of his bz.il, probation or
parole and is believed to be in this State, such judge, justice, justice
of the peace or other officer shall issue a warrant directed to any
sheriff or sergeant or to any peace officer commanding him to appre-
hend the person named therein, wherever he may be found in this State,
and to bring him before any judge or justice who may be available in
or convenient of access to the place where the arrest may be made, to
answer the charge or complaint and affidavit, and a certified copy of
the sworn charge or complaint and affidavit upon which the warrant
is issued shall be attached to the warrant.

Section 5070-n. Arrest Without a Warrant.—The arrest of a
person may be lawfully made also by any peace oficer or a private
person without a warrant upon reasonable information that the
accused stands charged in the courts of a State witli a crime punish-
able by death or imprisonment for a term exceeding one year, but
when so arrested the accused shall be taken before a judge, justice,
justice of the peace or other officer authorized to issue criminal war-
rants in this State with all practicable speed and complaint made
against him under oath setting forth the ground for the arrest as in
the preceding section; and thereafter his answer shall be heard as if
he had been arrested on a warrant.

Section 5070-0. Commitment to Await Requisition; Bail.—lIf
from the examination before the judge or justice it appears that th
person held pursuant to either of the two preceding sections is th
person charged with having committed the crime alleged and, excer
in cases arising under section five thousand and seventy-f, that h
has fled from justice, the judge or justice shall, by a warrant recitin
the accusation, commit him to jail for such a time not exceedin
thirty days and specified in the warrant as will enable the arrest c
the accused to be made under a warrant of the Governor on a requisi
tion of the executive authority of the State having jurisdiction c
the offense, unless the accused give bail as provided in the nex
section, or until he shall be legally discharged.

Section 5070-p. Bail: in What Cases; Conditions of Bond.—
Unless the offense with which the prisoner is charged is shown to b
an offense punishable by death or life imprisonment under the law.
of the State in which it was committed, any judge or justice or othe
person authorized by law to admit persons to bail in this State may
admit the person arrested to bail by bond, with sufficient sureties
and in such sum as he deems proper, conditioned upon his appearance
before a judge or justice at a time specified in such bond, and upor
his surrender, for arrest upon the warrant of the Governor of this
State.

Section 5070-q. Extension of Time of Commitment; Adjourn.
ment.—If the accused is not arrested under warrant of the Governor:
by the expiration of the time specified in the warrant or bond, any
judge or justice in this State may discharge him or may recommit
him for a further period not to exceed sixty days, or such judge or
justice may again take bail for his appearance and surrender, as pro-
vided in the preceding section, but within a period not to exceed
sixty days after the date of such new bond.

Section 5070-r. Forfeiture of Bail.—If the prisoner is admitted
to bail and fails to appear and surrender himself according to the
conditions of his bond, any judge or justice by proper order, shall
declare the bond forfeited and order his immediate arrest without
warrant if he be within this State. Recovery may be had on such
bond in the name of the State as in the case of other bonds given by
the accused in criminal proceedings within this State.

Section 5070-s. Persons. Under Criminal] Prosecution in This
State at Time of Requisition.—If a criminal prosecution has been
nstituted against such person under the laws of this State and is still
vending, the Governor, in his discretion, either may surrender him
on demand of the Executive Authority of another State or hold him
intil he has been tried and discharged or convicted and punished in
this State. ne a

Section 5070-t. Guilt or Innocence of Accused, When Inquired
nto.—The guilt or innocense of the accused as to the crime of which
1e is charged may not be inquired into by the Governor or in any
oroceeding after the demand for extradition accompanied by a charge
f crime in legal form as above provided shall have been presented to
he Governor, except as it may be involved in identifying the person
eld as the person charged with the crime.
Section 5070-u. Governor May Recall Warrant OF tse ee Loe
“he Governor may recall his warrant of arrest or may issue another
rarrant whenever he deems proper.

Section 5070-v. Fugitives From This State; Duty of Governors.—
Vhenever the Governor of this State shall demand a person charged
vith crime or with escaping from confinement or breaking the terms
f his bail, probation or parole in this State, from the Executive
\uthority of any other State, or from the chief justice or an associate
ustice of the Supreme Court of the District of Columbia authorized
‘o receive such demand under the laws of the United States, he shall
ssue a warrant under the seal of this State, to some agent, commanding
him to receive the person so charged if delivered to him and convey
nim to the proper officer of the county or city in this State in which
-he offense was committed.

Section 5070-w. Application for Issuance of Requisition; by
Whom Made; Contents.—(a) When the return to this State of a
person charged with crime in this State is required, the attorney
for the Commonwealth shall present to the Governor his written
application for a requisition for the return of the person charged, in
which application shall be stated the name of the person so charged,
the crime charged against him, the approximate time, place and cir-
cumstances of its commission, the State in which he ts believed to be,
including the location of the accused therein at the time the applica-
tion is made, and certifying that, in the opinion of the said attorney
for the Commonwealth, the ends of justice require the arrest and
return of the accused to this State for trial and that the proceeding
‘s not instituted to enforce a private claim.

(b) When the return to this State is required of a person who
has been convicted of a crime in this State and has escaped from
confinement or broken the terms of his bail, probation or parole
the attorney for the Commonwealth of the county or city in whick
the offense was committed, or the warden of the institution or sherif
or sergeant of the county or city from which escape was made, shal
present to the Governor a written application for a requisition fo!
the return of such person, in which application shall be stated the
name of the person, the crime of which he was convicted, the circum
stances of his escape from confinement or of the breach of the term
of his bail, probation or parole, the State in which he is believed t
be, including the location of the person therein at the time applicatio1
is made. oo fs . ar

. (c) The application. shall be verified by affidavit, shall. be exe
cuted in duplicate and shall be accompanied by two certified copie
of the indictment returned, or information and affidavit filed, or ©
the complaint made to the judge, justice or other officer issuing th
warrant stating the offense with which the accused is charged, or c
the judgment of conviction or of the sentence. The attorney for th
Commonwealth, warden, sheriff or sergeant may also attach suc
further affidavits and other documents in duplicate as he shall deer
proper to be submitted with such application. One copy of th
application, with the action of the Governor indicated by endorse
ment thereon, and one of the certified copie: 1, COM

plaint, information, and affidavits, or of the convictio:
or of the sentence shall be filed in the office -retary of th
Commonwealth, to remain of record in that ¢ the other copie

of all papers shall be forwarded with the Gove: or’s requisition.

Section 5070-x. Costs and Expenses.—The expenses incident t
the extradition of any person under the two preceding sections shal
be paid out of the State treasury, on warrants of the Comptrolle
issued upon vouchers signed by the Governor, or such other persot
as may be designated by him for such purpose.

Section 5070-y. Immunity From Service of Process in Certair
Civil Actions.—A person brought into this State by, or after waive
of, extradition based on a criminal charge shall not be subject t
service of personal process in civil actions arising out of the same
facts as the criminal proceeding to answer which he is being or has
been returned, until he has been convicted in the criminal proceeding
or, if acquitted, until he has had reasonable Opportunity to return tc
the State from which he was extradited.

Section 5070-z. Written Waiver of Execution Proceedings.—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 sections five
thousand and seventy-g and five thousand and seventy-h and all
other procedure incidental to extradition proceedings, by executing
or subscribing in the presence of a judge or justice within this State a
writing which states that he consents to return to the demanding
State; provided, however, that before such waiver shall be executed
or subscribed by such person it shall be the duty of such judge or
justice to inform such person of his rights to the issuance and service
of a warrant of extradition and to obtain a writ of habeas corpus as
provided for in section five thousand and seventy-]j.

If and when such consent has been duly executed it shall forthwith
be forwarded to the office of the Governor and filed therein. The
judge shall direct the officer having such person in custody to deliver
‘orthwith such person to the duly accredited agent or agents of the
lemanding State, and shall deliver or cause to be delivered to such
gent or agents a copy of such consent; provided, however, that
1othing in this section shall be deemed to limit the rights of the ac-
‘used person to return voluntarily and without formality to the
lemanding State, nor shall this waiver procedure be deemed to be
in exclusive procedure or to limit the powers, rights or duties of the
fficers of the demanding State or of this State.

Section 5070-aa. Non-waiver by this State-——Nothing in this
hapter contained shall be deemed to constitute a waiver by this
state of its right, power or privilege to try such demanded person for
rime committed within this State, or of its right, power or privilege
O regain custody of such person by extradition proceedings or other-
vise for the purpose of trial, sentence or punishment for any crime
ommitted within this State, nor shall anv proceedines had unde:
this chapter 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.

Section 5070-bb. No Right of Asylum; No Immunity From Other
Criminal Prosecutions While in This State.—After a person has been
brought back to this State by, or after waiver of extradition pro-
ceedings, 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.

Section 5070-cc. Interpretation.—The provisions of this chapter
shall be so interpreted and construed as to effectuate its general pur-
poses to make uniform the law of those States which enact statutes
similar thereto.

Section 5070-dd. Constitutionality——If any provision of this
chapter or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect its other provisions or
applications which can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared to be severable.

Section 5070-ee. Short Title-—This chapter may be cited as the
Uniform Criminal Extradition Law.

2. Be it further enacted by the General Assembly of Virginia,
That sections five thousand and sixty-one, five thousand and sixty-
two, five thousand and sixty-three, five thousand and sixty-four, five
thousand and sixty-five, five thousand and sixty-six and five thousand
and sixty-seven of the Code of Virginia, be, and the same are hereby,
repealed.

3. Be it further enacted by the General Assembly of Virginia,
That all other code sections, acts or parts of code sections or acts in-
consistent with the provisions of this act be, and the same are hereby
repealed to the extent of such inconsistency.