629.01 DEFINITIONS. Where appearing in sections 629.01 to 629.29, 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 this state. The term “state,” referring to […]
629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS. Subject to the provisions of sections 629.01 to 629.29, 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 state to have arrested and delivered up to the […]
629.03 DEMAND IN WRITING. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless it alleges in writing, except in cases arising under section 629.06, that the accused was present in the demanding state at the time of the commission of the alleged crime, […]
629.04 ATTORNEY GENERAL TO INVESTIGATE. 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 investigating […]
629.05 EXTRADITION BY AGREEMENT. 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 that person in another state, the governor of this state may agree with the executive authority of such […]
629.06 EXTRADITION OF PERSONS COMMITTING CRIME. 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 section 629.03 with committing an act in this state, or in a third state, intentionally resulting […]
629.07 WARRANT OF ARREST. In deciding 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 any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The warrant must substantially […]
629.08 ACCUSED TURNED OVER TO DEMANDING STATE. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of […]
629.09 POWERS OF OFFICER. 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 those who refuse their assistance. History: […]
629.10 ACCUSED TAKEN BEFORE COURT. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless first taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand […]
629.11 VIOLATION; GROSS MISDEMEANOR. Any officer who shall deliver to the agent for extradition of the demanding state a person in custody under the governor’s warrant in willful disobedience to section 629.10 is guilty of a gross misdemeanor. History: (10547-21) 1939 c 240 s 11; 1984 c 628 art 3 s 11; 1985 c 265 […]
629.12 ACCUSED MAY BE CONFINED IN JAIL. The officer or persons executing the governor’s warrant of arrest, or the agents 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 they may pass; and the keeper of […]
629.13 WHO MAY BE APPREHENDED. When any person within this state is charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under section 629.06, with having fled from justice, with having been convicted of a […]
629.14 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 for a term exceeding one year. When arrested […]
629.15 COURT MAY COMMIT TO JAIL. 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 629.06, that the accused has fled from justice, the judge must, by a warrant reciting the accusation, commit the […]
629.16 ADMIT 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, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in […]
629.17 DISCHARGE. 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 may discharge the accused or may recommit the accused for a further period not to exceed 60 days. A judge may again take bail for the accused’s appearance […]
629.18 BOND FORFEITED. If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge by proper order shall declare the bond forfeited and order the prisoner’s immediate arrest without warrant if the prisoner is within this state. Recovery may be had on the bond […]
629.19 PRISONER HELD OR SURRENDERED. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor either may surrender the person on demand of the executive authority of another state or hold the person until the person has been tried and discharged or convicted […]
629.20 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, shall have been […]
