Title 54 — Title 54: Criminal Procedure

Sec. 54-157. Definitions. Where appearing in this chapter, 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 …

Sec. 54-158. Governor's duty to arrest and deliver up fugitive. Subject to the provisions of this chapter, 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 st…

Sec. 54-159. Requirements for recognition of extradition demand. 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 section 54-162, that the accused was presen…

Sec. 54-160. State's attorney and prosecuting attorney to assist Governor. When a demand is 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 any state's attorney or pro…

Sec. 54-161. Return to this state of person imprisoned or held in another state. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another …

Sec. 54-162. Return to another state of person whose act in this state caused crime. The Governor of this state may also surrender, on demand of the executive authority of any other state, any person found in this state who is charged in such other state in the manner provided in…

Sec. 54-163. Arrest warrant signed by Governor. If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust wit…

Sec. 54-164. Authorization under warrant. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he is found within the state and to command the aid of all peace officers or other persons in the execut…

Sec. 54-165. Power of arresting officer. Every such officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them,…

Sec. 54-166. Appearance of accused in court. Habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of any court having crim…

Sec. 54-167. Penalty for failure of officer to present accused in court. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in wilful disobedience to section 54-166, shall be fined not more than one t…

Sec. 54-168. Confinement, when. The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in any community correctional center or in the jail of any city…

Sec. 54-169. Arrest warrant of judge. Whenever any person within this state is charged on the oath of any credible person before any judge of any court of this state having criminal jurisdiction with the commission of any crime in any other state and, except in cases arising unde…

Sec. 54-170. Arrest without warrant. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment…

Sec. 54-171. Commitment pending Governor's warrant. If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 54-162, that he has fled from justice, the judge s…

Sec. 54-172. Allowance and conditions of bail bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, such a judge in this state may admit the person arre…

Sec. 54-173. Discharge or recommitment after expiration of period specified in warrant or bond. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, such judge may discharge him or may recommit him for a furt…

Sec. 54-174. Forfeiture of bond. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the…

Sec. 54-175. Surrender of person against whom criminal prosecution pending in this state. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, in his discretion, may either surrender him on demand of th…

Sec. 54-176. Governor not to inquire into guilt or innocence of accused. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in…

Sec. 54-177. Recall or new issuance of Governor's warrant. The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. (1957, P.A. 362, S. 21.) Res judicata discussed. 182 C. 470. Cited. 186 C. 404; 190 C. 631.

Sec. 54-178. Governor seeking extradition to issue warrant to agent to receive accused. Whenever the Governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executi…

Sec. 54-179. Application by state's attorney, Board of Pardons and Paroles or Correction Commissioner for return of accused. (a) When the return to this state of a person charged with crime in this state is required, the state's attorney shall present to the Governor his written …

Sec. 54-180. Immunity of accused to process in civil action arising from same facts. 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 arising out of the same facts …

Sec. 54-181. Waiver by accused. 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 …

Sec. 54-182. State's rights not waived. Nothing contained in this chapter shall be deemed to constitute a waiver by the 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 …

Sec. 54-183. Trial for crimes other than those specified in extradition requisition. 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 is charged with having committed here a…

Sec. 54-184. Interpretation of chapter. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact it. (1957, P.A. 362, S. 28.) Cited. 186 C. 404; 190 C. 631. Cited. 36 CS 327.

Sec. 54-185. Short title: Uniform Criminal Extradition Act. This chapter may be cited as the “Uniform Criminal Extradition Act”. (1957, P.A. 362, S. 30.) Cited. 186 C. 404; 190 C. 631. Since chapter is a uniform law, precedents from other states are particularly valuable in const…