KSC, TITLE 17. THE PUBLIC SAFETY
Section 17.1201. Definition.
In this chapter:
(1) "executive" is the position of highest executive authority in a jurisdiction.
(2) "jurisdiction" is a national jurisdiction or a political subdivision with which the State has a relationship in an extradition matter, whether directly or through an intermediary.
Subject to controlling higher law and
procedures prescribed thereby the Governor may effect extradition to or from the
State with a jurisdiction.
The Governor orders the arrest of, and
delivers to the executive of a jurisdiction, a person fleeing prosecution or
punishment for an offense for which the jurisdiction has charged
(1) A demand for extradition is in writing and alleges that the accused was in the jurisdiction at the time of the commission of the alleged offense and thereafter fled the jurisdiction. A demand includes the following, if existent:
(a) a copy of an indictment for the offense;
(b) a copy of an information supported by an affidavit;
(c) a copy of an affidavit made before a magistrate and a copy of a warrant issued thereon; or
(d) a copy of a judgment of conviction or of a sentence imposed in execution thereof with a statement by the executive that the accused has escaped from confinement or has broken the terms of bail, probation or parole.
(2) The indictment, information, or affidavit made before a magistrate substantially charges the accused with the commission of an offense in the jurisdiction.
(3) The executive authenticates a document stated in this section. The document is prima facie evidence of its truth.
Section 17.1205. Person
imprisoned or awaiting trial.
When a jurisdiction has imprisoned, or is
holding for criminal proceedings against him, a person charged with a State
offense, the Governor may agree with the executive for the extradition of the
person before the conclusion of proceedings or term of sentence on condition
that the State will return the person to the jurisdiction when the prosecution
in the State is complete.
Section 17.1206. Involuntary departure.
The Governor may surrender to an executive
a person found in the State if the jurisdiction has charged him with an offense
as provided in Section 17.204, even though the person left the jurisdiction
Section 17.1207. Absence
The Governor may surrender to an executive
a person in the State charged with an offense in the jurisdiction as provided in
Section 17.1204, with committing an act in the State or in a third place
intentionally resulting in an offense in the jurisdiction. The provisions
of this chapter not otherwise inconsistent apply to this section, even though
the accused was not in the jurisdiction at the time of the commission of the
crime and has not fled therefrom.
Section 17.1208. Arrest
(1) If the Governor finds that a request for extradition merits compliance, he signs and seals an arrest warrant, directing the Attorney General or Chief of Police to execute the warrant. The warrant substantially recites the facts necessary to the validity of its issuance.
(2) A warrant authorizes a police officer or other person to make the arrest of the accused at any time and place within the State, command the aid of a police officer or other person in execution of the warrant, and to deliver the accused to the duly authorized agent of the jurisdiction subject to this chapter.
(3) Before the delivering of an arrested person to a jurisdiction the arrested person appears before the Court which informs him of the demand made for his surrender and of the offense with which he is charged, and that he has the right to counsel. If the arrested person or his counsel challenges the legality of the arrest, the Court allows a reasonable time for application for a writ of habeas corpus. The Court gives notice of the filing of an application and of the time and place of hearing to the Attorney General and to an agent of the jurisdiction.
Section 17.1209. Confinement.
A person executing a warrant of arrest, or
an agent of the jurisdiction may confine the prisoner in the State jail.
The Police receive and safely keep the accused until the officer or person
having charge of him is ready to depart. The jurisdiction pays the expense
of the State's keeping the prisoner.
Section 17.1210. Arrest
prior to requisition; by warrant.
The Court issues a warrant to the Attorney
General or Chief of Police ordering the arrest of a named person found in the
State and to bring him before the Court to answer a charge based on an affidavit
(1) a person in the State is the subject of the sworn charge of a credible person before the Court stating the accused. s commission of an offense in a place, and except in a matter arising pursuant to Section 17.1207, with having fled from justice, having been convicted of an offense and having escaped from confinement, or with having broken the terms of bail, probation, or parole; or
(2) a sworn complaint before the Court stating on the affidavit of a credible person in a jurisdiction that an offense has been committed in the jurisdiction and that the accused has been charged in the jurisdiction with the commission of the offense, and, except in cases arising pursuant to Section 17.1207, has fled from justice, or that the accused has been convicted of an offense in that jurisdiction and has escaped from confinement, or has broken the terms of his bail, probation or parole, and that the accused is believed to be in the State.
Section 17.1211. Arrest
without a warrant.
A police officer or other person may
lawfully make an arrest without a warrant upon reasonable information that an
accused stands charged in a jurisdiction with an offense punishable by death or
imprisonment for a term exceeding one year. Following arrest the arresting
person brings the arrested person before the Court with all practicable speed
making a sworn complaint against him, stating the ground for the arrest.
The procedures of Section 17.1210 apply to a Court proceeding pursuant to
Section 17.1212. Commitment.
If following examination the Court finds a
person held pursuant to Sections 17.1210 or 17.1211 is the person charged with
the commission of an offense and, except in a matter arising pursuant to Section
17.207, that he has fled from justice, the Court by a warrant reciting the
accusation commits him to jail for a period not exceeding forty-five days stated
in the warrant as will enable the arrest of the accused pursuant to a warrant of
the Governor on the request of an executive, or until lawful
Unless an offense is punishable by death or
life imprisonment, the Court may admit the person arrested to bail by bond or
undertaking with sufficient surety, and in a sum as the Court finds proper,
conditioned upon his appearance before it at a time specified in the bond or
undertaking, and upon his surrender for arrest upon the Governor's warrant.
If the arrest of an accused under warrant of the Governor does not occur
during the period stated in the warrant, bond, or undertaking, the Court may
discharge the arrested person, may recommit him for a further period, or may
again take bail for his appearance and surrender, as provided in this section.
Upon the expiration of the second period of commitment, or if the accused
has complied with bail requirements and appeared according to the terms of a
bond or undertaking, the Court may discharge him or require him to enter into a
new bond or undertaking for his subsequent appearance and
Section 17.1214. Forfeiture.
If the Court admits an accused to bail and
the accused fails to appear and surrender himself according to the condition of
his bond, the Court declares the bond forfeited and orders the accused's
immediate arrest without warrant if he is in the State. Recovery on a bond
in the name of the State is as in the case of bonds or undertakings given by an
accused in criminal proceedings in the State.
Section 17.1215. Pending
State criminal prosecution.
If the Government has begun prosecution for
an offense against a person subject to extradition and the prosecution is
pending, the Governor may surrender him to an executive or may hold him until
completion of the prosecution, and discharge or conviction and punishment in the
Section 17.1216. Inquiry.
Except to identify the person held as the
person charged with an offense, the Governor does not inquire into the guilt or
innocence of an accused.
Section 17.1217. Recall;
The Governor may recall his warrant of
arrest or may issue another warrant if he finds it proper.
Section 17.1218. Fugitive
from the State.
If the Governor demands from an executive
the arrest and delivery of a person charged with an offense or with escaping
from confinement or breaking the terms of ball, probation or parole in the State
he issues a warrant under State seal to the Attorney General or Chief of Police
directing him to receive the person if delivered to him and hold him pending
Section 17.1219. Immunity
A person brought into the State by or after
waiver of extradition based on a criminal charge is not subject to service of
personal process in a civil action arising from the facts which are the basis
for the charge until conviction of the charge has resulted, or, if acquitted,
until he has had ample opportunity to return to the jurisdiction which
(1) A person arrested in the State and charged with commission of an offense in a jurisdiction or alleged to have escaped from confinement, or broken the terms of bail, probation or parole may waive the issuance and service of a warrant for his arrest provided by Section 17.208 and other procedure incidental to extradition proceedings by executing or subscribing in the presence of the Court a statement that he consents to return to a jurisdiction. A Court commission directs the person having the arrested person in custody to deliver forthwith the person to the duly accredited agent of the jurisdiction and deliver to the agent a copy of the consent. An accused person may voluntarily and without formality return to a jurisdiction. This section does not limit the powers, rights or duties of the officers of a jurisdiction or of the State.
Section 17.1221. State's
Nothing in this chapter constitutes a
waiver by the Government of a right, power or privilege to try a person for an
offense committed in the State, or of a right, power or privilege to regain
custody of a person by extradition proceedings or otherwise for the purpose of
trial, sentence or punishment for an offense committed in the State. A
proceeding pursuant to this chapter which results in, or fails to result in,
extradition does not constitute a waiver by the State of a right, privilege or
Section 17.1222. Other
A person brought back to the State by, or
after waiver of, extradition proceeding, is subject to trial in the State for an
offense other than the offense which occasioned the proceedings.
For offense see Section 13.621.