Section 25 – Individual brought into state on extradition exempt from civil process — Waiver of extradition proceedings — Nonwaiver by this state.

• (1) An individual brought into this state by or after waiver of extradition based on a criminal charge is not subject to service of personal process in a civil action arising out of the same facts as the criminal proceedings to answer which the individual is being or has been returned until the individual has been convicted in the criminal proceedings, or, if acquitted, until the individual has had reasonable opportunity to return to the state from which the individual was extradited.

• (2)
  • (a) An individual 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 the individual’s bail, probation, or parole may waive the issuance and service of the warrant provided for in Sections 77-30-7 and 77-30-8, and a procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing that states that the individual consents to return to the demanding state, except that before the waiver is executed or subscribed by the individual, it shall be the duty of the judge to inform the individual of the individual’s rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 77-30-10.
  • (b) The judge shall direct the officer having an individual in custody to deliver forthwith the individual to the accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the accredited agent or agents a copy of the consent except that nothing in this section may be considered to limit the rights of the accused individual to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.

• (3) Nothing in this chapter may be considered to constitute a waiver by this state of its right, power, or privilege to try the demanded individual for a crime committed within this state, or of its right, power, or privilege to regain custody of the individual by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter, which result in or fail to result in extradition, be considered a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.

Amended by Chapter 429, 2019 General Session