77-30-25 - Person brought into state on extradition exempt from civil process -- Waiver of extradition proceedings -- Nonwaiver by this state.
77-30-25. Person brought into state on extradition exempt from civil process --Waiver of extradition proceedings -- Nonwaiver by this state.
(1) A person brought into this state by or after waiver of extradition based on a criminalcharge shall not be subject to service of personal process in civil actions arising out of the samefacts as the criminal proceedings to answer which he is being or has been returned until he hasbeen convicted in the criminal proceedings, or, if acquitted, until he has had reasonableopportunity to return to the state from which he was extradited.
(2) (a) Any person arrested in this state charged with having committed any crime inanother state or alleged to have escaped from confinement or broken the terms of his bail,probation or parole may waive the issuance and service of the warrant provided for in Sections77-30-7 and 77-30-8, and all other procedure incidental to extradition proceedings, by executingor subscribing in the presence of a judge of any court of record within this state a writing whichstates that he consents to return to the demanding state; provided, before such waiver shall beexecuted or subscribed by such person it shall be the duty of such judge to inform such person ofhis rights to the issuance and service of a warrant of extradition and to obtain a writ of habeascorpus as provided for in Section 77-30-10.
(b) If and when such consent has been duly executed it shall forthwith be forwarded tothe office of the governor of this state and filed therein. The judge shall direct the officer havingsuch person in custody to deliver forthwith such person to the duly accredited agent or agents ofthe demanding state and shall deliver or cause to be delivered to such agent or agents a copy ofsuch consent; provided, nothing in this section shall be deemed to limit the rights of the accusedperson to return voluntarily and without formality to the demanding state, or shall this waiverprocedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of theofficers of the demanding state or of this state.
(3) Nothing in this chapter shall be deemed to constitute a waiver by this state of its right,power or privilege to try such demanded person for a crime committed within this state, or of itsright, power or privilege to regain custody of such person by extradition proceedings or otherwisefor the purpose of trial, sentence or punishment for any crime committed within this state, orshall any proceedings had under this chapter which result in or fail to result in extradition bedeemed a waiver by this state of any of its rights, privileges or jurisdiction in any waywhatsoever.
Amended by Chapter 306, 2007 General Session