SECTIONS 4970-4971 - California Statutes

FAMILY.CODE

SECTION 4970-4971

4970. (a) For purposes of this article, "Governor" includes an
individual performing the functions of Governor or the executive
authority of a state covered by this chapter.
(b) The Governor of this state may:
(1) Demand that the Governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee;
or
(2) On the demand by the Governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent
with this chapter applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.

4970. (a) For purposes of this article, "Governor" includes an
individual performing the functions of Governor or the executive
authority of a state covered by this chapter.
(b) The Governor of this state may:
(1) Demand that the Governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee;
or
(2) On the demand of the Governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent
with this chapter applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.

4971. (a) Before making a demand that the Governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the Governor of
this state may require a prosecutor of this state to demonstrate that
at least 60 days previously the obligee had initiated proceedings
for support pursuant to this chapter or that the proceeding would be
of no avail.
(b) If, under this chapter or a law substantially similar to this
chapter, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act, the Governor
of another state makes a demand that the Governor of this state
surrender an individual charged criminally in that state with having
failed to provide for the support of a child or other individual to
whom a duty of support is owed, the Governor may require a prosecutor
to investigate the demand and report whether a proceeding for
support has been initiated or would be effective. If it appears that
a proceeding would be effective but has not been initiated, the
Governor may delay honoring the demand for a reasonable time to
permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is
complying with the support order.

4971. (a) Before making a demand that the Governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the Governor of
this state may require a prosecutor of this state to demonstrate that
at least 60 days previously the obligee had initiated proceedings
for support pursuant to this chapter or that the proceeding would be
of no avail.
(b) If, under this chapter or a law substantially similar to this
chapter, the Governor of another state makes a demand that the
Governor of this state surrender an individual charged criminally in
that state with having failed to provide for the support of a child
or other individual to whom a duty of support is owed, the Governor
may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective.
If it appears that a proceeding would be effective but has not been
initiated, the Governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is
complying with the support order.