22-2703. Form of demand. - Kansas Statutes

22-2703

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 27.--UNIFORM CRIMINAL EXTRADITION ACT

      22-2703.   Form of demand.No demand for the extradition of a person charged with crime in anotherstate shall be recognized by the governor unless in writing, alleging,except in cases arising under K.S.A. 22-2706 andamendments thereto, that the accused was presentin the demanding state at the time of the commission of the alleged crimeand that thereafter the accused fled from the state, andaccompanied by a copy of anindictment found or by information supported by affidavit in the statehaving jurisdiction of the crime, or by a copy of an affidavit made beforea magistrate there, together with a copy of any warrant which was issuedthereupon; or by a copy of a judgment of conviction or of a sentenceimposed in execution thereof, together with a statement by the executiveauthority of the demanding state that the person claimed has escaped fromconfinement or has broken the terms of the person's bail,probation, assignment to a community correctional services program,parole or postrelease supervision, orthat the sentence or some portion of it remains unexecuted and that theperson claimed has not been paroled, released on postreleased supervisionor discharged or otherwise releasedtherefrom. The indictment, information affidavit or affidavit made beforethe magistrate must substantially charge the person demanded with havingcommitted a crime under the law of that state; and the copy of indictment,information, affidavit, judgment of conviction or sentence must beauthenticated by the executive authority making the demand.

      History:   L. 1970, ch. 129, § 22-2703;L. 1986, ch. 123, § 17;L. 1992, ch. 239, § 251; July 1, 1993.