52 chapters · 541 sections in this title.
RCW 10.88.200 Definitions.
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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 in a state other than thi…
RCW 10.88.210 Authority of governor.
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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, the governor of this state may in his or her discretion have arrested and delivered up to the executive a…
RCW 10.88.220 Demand for extradition—Requirements.
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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 RCW 10.88.250, that the accused was present in the demanding state at the time of the commission of the alle…
RCW 10.88.230 Investigation of demand—Report.
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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 or any prosecuting officer in this state to investigate or assist in invest…
RCW 10.88.240 Return or surrender of person charged in another state.
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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 or her in another state, the governor of this state may agree with the executive authority o…
RCW 10.88.250 Surrender of person charged with crime committed in state other than demanding state.
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(1) Except as provided in subsection (2) of this section, 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 RCW 10.88.220 with committing an act in…
RCW 10.88.260 Warrant of arrest.
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If the governor decides that the demand should be complied with, he or she 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 or she may think fit to entrust with the execution thereof. The warra…
RCW 10.88.270 Authority of officer or other person under warrant.
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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 or she 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 deli…
RCW 10.88.280 Authority to command assistance.
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Every such peace 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, with like penalties against thos…
RCW 10.88.290 Rights of person arrested.
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No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this state, who shall info…
RCW 10.88.300 Delivery of person in violation of RCW 10.88.290—Penalty.
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Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in wilful [willful] disobedience to RCW 10.88.290, shall be guilty of a gross misdemeanor and, on conviction, shall be imprisoned in the …
RCW 10.88.310 Confinement of prisoner.
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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 or she may pass; and the keeper of such…
RCW 10.88.320 Charge or complaint—Warrant of arrest.
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(1) Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under RCW 10.88.250, with having fled from justice, or with …
RCW 10.88.330 Arrest without warrant.
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(1) 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 for a term exceeding one year, bu…
RCW 10.88.340 Preliminary examination—Commitment.
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If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under RCW 10.88.250, that he or she has fled from justice, the judge or magistrate must, by a warrant …
RCW 10.88.350 Bail.
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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, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient suret…
RCW 10.88.360 Failure to make timely arrest or demand for extradition.
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If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or her or may recommit him or her for a further period not to exceed sixty days, or a judge or magistrate judge may…
RCW 10.88.370 Failure to appear—Bond forfeiture—Arrest—Recovery on bond.
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If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the conditions of his or her bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she …
RCW 10.88.380 Pending criminal prosecution in this state.
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If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in his or her discretion, either may surrender him or her on demand of the executive authority of another state or hold him or her until he or she has…
RCW 10.88.390 Recall or reissuance of warrant.
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The governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems proper.[ 2010 c 8 s 1082; 1971 ex.s. c 46 s 20.]
RCW 10.88.400 Demand by governor of this state for extradition—Warrant—Agent.
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Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, or parole in this state, from the executive authority of any other state, or from the appropriate authority of the D…
RCW 10.88.410 Application for requisition for return of person—Contents—Affidavits—Copies.
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(1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name …
RCW 10.88.415 Delivery without governor's warrant.
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A law enforcement agency shall deliver a person in custody to the accredited agent or agents of a demanding state without the governor's warrant provided that:(1) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the de…
RCW 10.88.420 Civil process—Service on extradited person.
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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 as the criminal proceeding to answer which he or she is being or has been returned, u…
RCW 10.88.430 Waiver of extradition.
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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 or her bail, probation, or parole may waive the issuance and service of the warrant provided for in RCW 10.88.260 and…
RCW 10.88.440 Rights, powers, privileges or jurisdiction of state not waived.
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Nothing in this chapter 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 proceedin…
RCW 10.88.450 Trial for other crimes.
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After a person has been brought back to this state by, or after waiver of extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here as well as that specified in the requisition for his or her extraditi…
RCW 10.88.460 Extradition or surrender of obligor—Uniform interstate family support act.
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See chapter 26.21A RCW.
RCW 10.88.900 Construction—1971 ex.s. c 46.
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The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it, to the extent which it has been enacted by this state.[ 1971 ex.s. c 46 s 27.]
RCW 10.88.910 Short title.
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RCW 10.88.200 through 10.88.450 shall be known and may be cited as the Uniform Criminal Extradition Act.[ 1971 ex.s. c 46 s 28.]
RCW 10.88.920 Effective date—1971 ex.s. c 46.
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This act shall become effective on July 1, 1971.[ 1971 ex.s. c 46 s 29.]