Uniform Criminal Extradition Act
Tennessee · Criminal Procedure · §§ 40-9-101 to 40-9-130 · 30 sections
Overview
The act governs interstate extradition — the arrest, custody, and surrender of people charged with or convicted of crimes in one state and found in another. It sets out how a governor responds to a demand from another state, investigating the request and issuing a warrant of arrest for delivery of the accused to the demanding state's agent, and how a governor makes the same demand for fugitives from the governor's own state, including the verified application and supporting documents a prosecuting attorney must supply. It also covers arrest before a requisition arrives, commitment and bail while one is awaited, the rights of an accused person before delivery and the ability to test the legality of the arrest by habeas corpus, written waiver of proceedings and voluntary return, passage of prisoners through the state, immunity from civil process, and the limited scope of the hearing, which turns on whether the person held is the one charged rather than on guilt.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 18 court decisions.
Most-cited authority: 106 F.3d 1289 - Barton v. Norrod
Sections covered
- Tenn. Code Ann. § 40-9-101Short title4 cites
- Tenn. Code Ann. § 40-9-102Chapter definitions
- Tenn. Code Ann. § 40-9-103Warrant of arrest for crime in another state1 cite
- Tenn. Code Ann. § 40-9-104Arrest without warrant for felony in another state1 cite
- Tenn. Code Ann. § 40-9-105Commitment awaiting extradition1 cite
- Tenn. Code Ann. § 40-9-106Admission to bail
- Tenn. Code Ann. § 40-9-107Forfeiture of bail
- Tenn. Code Ann. § 40-9-108Disposition of prisoner on expiration of time specified in warrant of commitment — No discharge pending proceedings before governor
- Tenn. Code Ann. § 40-9-109Governor's duty to cause arrest and extradition of fugitives1 cite
- Tenn. Code Ann. § 40-9-110Contents of demands from other states
- Tenn. Code Ann. § 40-9-111Investigation by prosecuting officer
- Tenn. Code Ann. § 40-9-112Allegations required in demand for extradition
- Tenn. Code Ann. § 40-9-113Acts resulting in crime in state in which accused is not present
- Tenn. Code Ann. § 40-9-114Guilt or innocence not inquired into1 cite
- Tenn. Code Ann. § 40-9-115Demand for person held on charge of crime in Tennessee
- Tenn. Code Ann. § 40-9-116Issuance of warrant of arrest
- Tenn. Code Ann. § 40-9-117Recall or reissuance of warrant1 cite
- Tenn. Code Ann. § 40-9-118Authority given by governor's warrant
- Tenn. Code Ann. § 40-9-119Information to person arrested — Habeas corpus2 cites
- Tenn. Code Ann. § 40-9-120Confinement of prisoner en route
- Tenn. Code Ann. § 40-9-121Demand for fugitive from Tennessee2 cites
- Tenn. Code Ann. § 40-9-122Warrant to agent to return prisoner
- Tenn. Code Ann. § 40-9-123Application for requisition of person charged with crime2 cites
- Tenn. Code Ann. § 40-9-124Application for requisition of escapee, bail jumper, parole violator, probationer, or community corrections violator
- Tenn. Code Ann. § 40-9-125Form and contents of application
- Tenn. Code Ann. § 40-9-126Expenses paid by state
- Tenn. Code Ann. § 40-9-127Expenses paid by county
- Tenn. Code Ann. § 40-9-128Trial for crimes not specified in requisition
- Tenn. Code Ann. § 40-9-129Construction of chapter
- Tenn. Code Ann. § 40-9-130Waiver2 cites
Enacted in other states
Alaska, Arkansas, California, Colorado, Connecticut, Iowa, Idaho, Illinois, Indiana, Maine, North Carolina, New Mexico, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, Washington, West Virginia
All Tennessee named statutes →
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