TITLE VI EXTRADITION Art. 261. Special definitions In this Title: (1) "Crime" means any offense denounced by a state statute and does not include an offense denounced by a local ordinance. (2) "Governor" includes any person performing the functions of governor by authority of the law of this state. (3) "Executive authority" includes the governor, […]
Art. 262. Extradition of wanted criminals Subject to the provisions of this Title, it is the duty of the governor of this state to have arrested and delivered to the executive authority of any other state any person charged with any felony in that state, or wanted for sentencing or to serve sentence after conviction […]
Art. 262.1. Extradition of persons not physically present in demanding state at the time of commission of crime Subject to the provisions of this Title, the governor may, in his discretion, have arrested and delivered to the executive authority of any other state any person physically present in this state who commits an act which […]
Art. 263. Form of demand for extradition; necessary papers A demand for the extradition of a person wanted in another state shall not be recognized by the governor unless the demand is in writing and states the purpose for which he is wanted. The demand must be accompanied by: (1) A statement of facts by […]
Art. 264. Investigation of demand by governor When a demand is made upon the governor of this state by the executive authority of another state for surrender of a person wanted by the other state, the governor may call upon the attorney general, a district attorney, or other official or agency in this state to […]
Art. 265. Governor’s warrant; issuance and recitals If the governor decides that a demand for extradition should be complied with, he shall sign a warrant of arrest directed to any peace officer for execution. The warrant shall recite facts showing substantial compliance with Article 263, but an incomplete recital of facts shall not invalidate the […]
Art. 266. Governor’s warrant; execution and recall The governor’s warrant authorizes any peace officer to arrest the accused at any time and at any place he may be found in the state. The peace officer shall have authority to command the aid of other peace officers or persons in the execution of the warrant, and […]
Art. 267. Rights of accused; extradition hearing A person arrested upon the governor’s warrant shall not be delivered over to the agent appointed by the executive authority to receive him unless he shall first be taken before a judge, or in Orleans Parish, before a judge, a magistrate judge, or a commissioner of the magistrate […]
Art. 268. Issues at extradition hearing; resulting orders A. The grounds for discharge at the extradition hearing are that: (1) The accused is not the person mentioned in the governor’s warrant, in the requisition, or in the judgment of conviction, sentence, indictment, information, or affidavit which is the basis of the requisition; (2) The governor’s […]
Art. 269. Arrest prior to demand for extradition; issuance of warrant A judge may issue a warrant for the arrest of a person in this state, prior to a demand for extradition in conformity with Article 263, when on the oath or affidavit of a credible person, taken before a judge or clerk of court, […]
Art. 270. Commitment to await extradition A. The judge shall commit the accused for thirty days if it appears, after a hearing in open court pursuant to Article 271, that there is reasonable ground to hold him awaiting extradition. The order of commitment shall recite the accusation. The accused shall be imprisoned in the parish […]
Art. 271. Bail in extradition cases A.(1) A judge may admit to bail a person arrested for extradition, or to await extradition, unless the offense with which the accused is charged is punishable by death or by life imprisonment under the laws of the state in which it was committed or unless the offender is […]
Art. 272. Persons under criminal prosecution or sentence in this state at time of requisition If a criminal prosecution against the demanded person is pending under the laws of this state, or if he has been convicted in a court of this state but has not completely satisfied his sentence, the governor may, in his […]
Art. 273. Waiver of extradition proceedings A. A demanded person arrested in this state may waive the issuance and service of the warrant required by Articles 265 and 266 and all other requirements incidental to extradition proceedings, by consenting in writing in the presence of the judge to return to the demanding state. Before such […]
Art. 274. Application for issuance of requisition When a district attorney desires the return to this state of a person wanted to be tried for a crime, he shall present to the governor a written application for a requisition for the return of the person charged. The application shall state the name of the person […]
Art. 275. Application for return of wanted fugitive When the return to this state of a person convicted of a crime who has escaped from confinement or broken the terms of his bail, probation, parole, furlough, or reprieve is desired, the governor shall be presented with a written application for a requisition for his return. […]
Art. 276. Documents to be filed with application for requisition The application for a requisition shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of all documents that are required for extradition by the law of the state from which the wanted person is to be returned. One copy of […]
Art. 277. Appointment of agents to receive prisoner When the governor issues a requisition for extradition he shall also issue a warrant under the seal of the state, to an agent, commanding him to receive the person to be extradited and to deliver him to the proper authority.
Art. 278. Re-extradition agreements When the return to this state of a person wanted in this state to be tried for a crime is desired, and the person is imprisoned or is held under criminal proceedings pending against him in another state, the governor may enter into a re-extradition agreement with the executive authority of […]
Art. 279. Extradition costs and expenses A. Whenever a person has been released on bail pursuant to a commercial surety bond and is subsequently located in another state, the reasonable and necessary expenses incurred in having that person returned to the parish in which charges are pending against him, whether through extradition proceedings or otherwise, […]
