§ 40-9-101. Short Title
This chapter shall be known and may be cited as the “Uniform Criminal Extradition Act.”
§ 40-9-102. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Executive authority” includes the governor, and any person performing the functions of governor in a state other than this state; “Governor” includes any person performing the functions of governor by authority of the law of this state; and “State,” referring to a state other than […]
§ 40-9-103. Warrant of Arrest for Crime in Another State
Whenever any person within this state is charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 40-9-113, with having fled from justice; or whenever a complaint has been made before […]
§ 40-9-104. Arrest Without Warrant for Felony in Another State
The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested, the accused must […]
§ 40-9-105. Commitment Awaiting Extradition
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 that the person probably committed the crime, and, except in cases arising under § 40-9-113, that the person has fled from justice, the judge or magistrate must commit the […]
§ 40-9-106. Admission to Bail
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, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in any sum that […]
§ 40-9-107. Forfeiture of Bail
If the prisoner is admitted to bail, and fails to appear and surrender according to the condition of the person’s bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by […]
§ 40-9-108. Disposition of Prisoner on Expiration of Time Specified in Warrant of Commitment — No Discharge Pending Proceedings Before Governor
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, the judge or magistrate may discharge the accused or recommit the accused to a further day, or may again take bail for the accused’s appearance and surrender, as provided in § […]
§ 40-9-109. Governor’s Duty to Cause Arrest and Extradition of Fugitives
Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling, and acts of congress in pursuance of the United States Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state any person […]
§ 40-9-110. Contents of Demands From Other States
No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing 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 […]
§ 40-9-111. Investigation by Prosecuting Officer
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 a crime, the governor may call upon the attorney general and reporter or any prosecuting officer in this state to investigate or assist in investigating the demand, and […]
§ 40-9-112. Allegations Required in Demand for Extradition
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: Except in cases arising under § 40-9-113, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; The accused is […]
§ 40-9-113. Acts Resulting in Crime in State in Which Accused Is Not Present
The governor of this state may surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in § 40-9-112 with committing an act in this state, or in a third state, intentionally resulting in crime in the state whose executive […]
§ 40-9-114. Guilt or Innocence Not Inquired Into
The guilt or innocence of the accused as to the crime of which the accused 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 legal form as provided in this chapter shall have been presented to the governor, […]
§ 40-9-115. Demand for Person Held on Charge of Crime in Tennessee
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor, at the governor’s discretion, either may surrender the person on the demand of the executive authority of another state, or may hold the person until the person has been tried and discharged, or […]
§ 40-9-116. Issuance of Warrant of Arrest
If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the governor may think fit to entrust with the execution of the arrest warrant. The warrant […]
§ 40-9-117. Recall or Reissuance of Warrant
The governor may recall the governor’s warrant of arrest, or may issue another warrant whenever the governor deems proper.
§ 40-9-118. Authority Given by Governor’s Warrant
The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to this chapter, […]
§ 40-9-119. Information to Person Arrested — Habeas Corpus
No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right […]
§ 40-9-120. Confinement of Prisoner en Route
The officer or person 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 the prisoner may pass. The keeper of the county or city jail must receive […]