CHAPTER 51. FUGITIVES FROM JUSTICE - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 51. FUGITIVES FROM JUSTICE

Art. 51.01. DELIVERED UP. A person in any other State of the

United States charged with treason or any felony who shall flee

from justice and be found in this State, shall on demand of the

executive authority of the State from which he fled, be delivered

up, to be removed to the State having jurisdiction of the crime.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.02. TO AID IN ARREST. All peace officers of the State

shall give aid in the arrest and detention of a fugitive from any

other State that he may be held subject to a requisition by the

Governor of the State from which he fled.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.03. MAGISTRATE'S WARRANT. When a complaint is made to a

magistrate that any person within his jurisdiction is a fugitive

from justice from another State, he shall issue a warrant of

arrest directing a peace officer to apprehend and bring the

accused before him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.04. COMPLAINT. The complaint shall be sufficient if it

recites:

1. The name of the person accused;

2. The State from which he has fled;

3. The offense committed by the accused;

4. That he has fled to this State from the State where the

offense was committed; and

5. That the act alleged to have been committed by the accused is

a violation of the penal law of the State from which he fled.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.05. BAIL OR COMMITMENT. When the accused is brought

before the magistrate, he shall hear proof, and if satisfied that

the accused is charged in another State with the offense named in

the complaint, he shall require of him bail with sufficient

security, in such amount as the magistrate deems reasonable, to

appear before such magistrate at a specified time. In default of

such bail, he may commit the defendant to jail to await a

requisition from the Governor of the State from which he fled. A

properly certified transcript of an indictment against the

accused is sufficient to show that he is charged with the crime

alleged. One arrested under the provisions of this title shall

not be committed or held to bail for a longer time than ninety

days.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.06. NOTICE OF ARREST. The magistrate who held or

committed such fugitive shall immediately notify the Secretary of

State and the district or county attorney of his county of such

fact and the date thereof, stating the name of such fugitive, the

State from which he fled, and the crime with which he is charged;

and such officers so notified shall in turn notify the Governor

of the proper State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.07. DISCHARGE. A fugitive not arrested under a warrant

from the Governor of this State before the expiration of ninety

days from the day of his commitment or the date of the bail shall

be discharged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.08. SECOND ARREST. A person who has once been arrested

under the provisions of this title and discharged under the

provisions of the preceding Article or by habeas corpus shall not

be again arrested upon a charge of the same offense, except by a

warrant from the Governor of this State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.09. GOVERNOR MAY DEMAND FUGITIVE. When the Governor

deems it proper to demand a person who has committed an offense

in this State and has fled to another State, he may commission

any suitable person to take such requisition. The accused, if

brought back to the State, shall be delivered up to the sheriff

of the county in which it is alleged he has committed the

offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.10. PAY OF AGENT; TRAVELING EXPENSES.

Sec. 1. The officer or person so commissioned shall receive as

compensation the actual and necessary traveling expenses upon

requisition of the Governor to be allowed by such Governor and to

be paid out of the State Treasury upon a certificate of the

Governor reciting the services rendered and the allowance

therefor.

Sec. 2. The commissioners court of the county where an offense is

committed may in its discretion, on the request of the sheriff

and the recommendation of the district attorney, pay the actual

and necessary traveling expenses of the officer or person so

commissioned out of any fund or funds not otherwise pledged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.11. REWARD. The Governor may offer a reward for the

apprehension of one accused of a felony in this State who is

evading arrest, by causing such offer to be published in such

manner as he deems most likely to effect the arrest. The reward

shall be paid out of the State Treasury to the person who becomes

entitled to it upon a certificate of the Governor reciting the

facts which entitle such person to receive it.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.12. SHERIFF TO REPORT. Each sheriff upon the close of

any regular term of the district or criminal district court in

his county, or within thirty days thereafter, shall make out and

mail to the Director of the Department of Public Safety a

certified list of all persons, who, after indictment for a

felony, have fled from said county. Such lists shall contain the

full name of each such fugitive, the offense with which he is

charged, and a description giving his age, height, weight, color

and occupation, the complexion of the skin and the color of eyes

and hair, and any peculiarity in person, speech, manner or gait

that may serve to identify such person so far as the sheriff may

be able to give them. The Director of the Department of Public

Safety shall prescribe and forward to all sheriffs the necessary

blanks upon which are to be made the lists herein required.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.13. UNIFORM CRIMINAL EXTRADITION ACT.

Definitions

Sec. 1. Where appearing in this Article, the term "Governor"

includes any person performing the functions of Governor by

authority of the laws of this State. The term "Executive

Authority" includes the Governor, and any person performing the

functions of Governor in a State other than this State, and the

term "State", referring to a State other than this State,

includes any other State organized or unorganized of the United

States of America.

Fugitives from Justice; Duty of Governor

Sec. 2. Subject to the provisions of this Article, the provisions

of the Constitution of the United States controlling, and any and

all Acts of Congress enacted in pursuance thereof, it is the duty

of the Governor of this State to have arrested and delivered up

to the Executive Authority of any other State of the United

States any person charged in that State with treason, felony, or

other crime, who has fled from justice and is found in this

State.

Form of Demand

Sec. 3. No demand for the extradition of a person charged with

crime in another State shall be recognized by the Governor unless

in writing, alleging, except in cases arising under Section 6,

that the accused was present in the demanding State at the time

of the commission of the alleged crime, and that thereafter he

fled from the State, and accompanied by a copy of an indictment

found or by information supported by affidavit in the State

having jurisdiction of the crime, or by a copy of an affidavit

before a magistrate there, together with a copy of any warrant

which issued thereupon; or by a copy of a judgment of conviction

or of a sentence imposed in execution thereof, together with a

statement by the Executive Authority of the demanding State that

the person claimed has escaped from confinement or has broken the

terms of his bail, probation or parole. The indictment,

information, or affidavit made before the magistrate must

substantially charge the person demanded with having committed a

crime under the law of that State; and the copy of indictment,

information, affidavit, judgment of conviction or sentence must

be authenticated by the Executive Authority making the demand;

provided, however, that all such copies of the aforesaid

instruments shall be in duplicate, one complete set of such

instruments to be delivered to the defendant or to his attorney.

Governor May Investigate Case

Sec. 4. When a demand shall be made upon the Governor of this

State by the Executive Authority of another State for the

surrender of a person so charged with crime, the Governor may

call upon the Secretary of State, Attorney General or any

prosecuting officer in this State to investigate or assist in

investigating the demand, and to report to him the situation and

circumstances of the person so demanded, and whether he ought to

be surrendered.

Extradition of Persons Imprisoned or Awaiting Trial in Another

State or Who have Left the Demanding State Under Compulsion

Sec. 5. When it is desired to have returned to this State a

person charged in this State with a crime, and such person is

imprisoned or is held under criminal proceedings then pending

against him in another State, the Governor of this State may

agree with the Executive Authority of such other State for the

extradition of such person before the conclusion of such

proceedings or his term of sentence in such other State, upon

condition that such person be returned to such other State at the

expense of this State as soon as the prosecution in this State is

terminated.

The Governor of this State may also surrender on demand of the

Executive Authority of any other State any person in this State

who is charged in the manner provided in Section 23 of this Act

with having violated the laws of the State whose Executive

Authority is making the demand, even though such person left the

demanding State involuntarily.

Extradition of Persons Not Present in Demanding State at Time of

Commission of Crime

Sec. 6. The Governor of this State may also surrender, on demand

of the Executive Authority of any other State, any person in this

State charged in such other State in the manner provided in

Section 3 with committing an act in this State, or in a third

State, intentionally resulting in a crime in the State whose

Executive Authority is making the demand, and the provisions of

this Article not otherwise inconsistent, shall apply to such

cases, even though the accused was not in that State at the time

of the commission of the crime, and has not fled therefrom.

Issue of Governor's Warrant of Arrest; Its Recitals

Sec. 7. If the Governor decides that the demand should be

complied with, he shall sign a warrant of arrest, which shall be

sealed with the state seal and be directed to any peace officer

or other person whom he may think fit to entrust with the

execution thereof. The warrant must substantially recite the

facts necessary to the validity of its issuance.

Manner and Place of Execution

Sec. 8. Such warrant shall authorize the peace officer or other

person to whom directed to arrest the accused at any time and any

place where he may be found within the State and to command the

aid of all peace officers and other persons in the execution of

the warrant, and to deliver the accused, subject to the

provisions of this Article to the duly authorized agent of the

demanding State.

Authority of Arresting Officer

Sec. 9. Every such peace officer or other person empowered to

make the arrest, shall have the same authority, in arresting the

accused, to command assistance therein, as peace officers have by

law in the execution of any criminal process directed to them,

with like penalties against those who refuse their assistance.

Rights of Accused Person; Application for Writ of Habeas Corpus

Sec. 10. No person arrested upon such warrant shall be delivered

over to the agent whom the Executive Authority demanding him

shall have appointed to receive him unless he shall first be

taken forthwith before a judge of a court of record in this

State, who shall inform him of the demand made for his surrender

and of the crime with which he is charged, and that he has the

right to demand and procure legal counsel; and if the prisoner or

his counsel shall state that he or they desire to test the

legality of his arrest, the judge of such court of record shall

fix a reasonable time to be allowed him within which to apply for

a writ of habeas corpus. When such a writ is applied for, notice

thereof, and of the time and place of hearing thereon, shall be

given to the prosecuting officer of the county in which the

arrest is made and in which the accused is in custody, and to the

said agent of the demanding State.

Penalty for Non-compliance With Preceding Section

Sec. 11. Any officer who shall deliver to the agent for

extradition of the demanding State a person in his custody under

the Governor's warrant, in wilful disobedience to Section 10 of

this Act, shall be guilty of a misdemeanor and, on conviction,

shall be fined not more than one thousand dollars or be

imprisoned not more than six months, or both.

Confinement in Jail, When Necessary

Sec. 12. The officer or persons executing the Governor's warrant

of arrest, or the agent of the demanding State to whom the

prisoner may have been delivered may, when necessary, confine the

prisoner in the jail of any county or city through which he may

pass; and the keeper of such jail must receive and safely keep

the prisoner until the officer or person having charge of him is

ready to proceed on his route, such officer or person being

chargeable with the expense of keeping.

The officer or agent of a demanding State to whom a prisoner may

have been delivered following extradition proceedings in another

State, or to whom a prisoner may have been delivered after

waiving extradition in such other State, and who is passing

through this State with such a prisoner for the purpose of

immediately returning such prisoner to the demanding State may,

when necessary, confine the prisoner in the jail of any county or

city through which he may pass; and the keeper of such jail must

receive and safely keep the prisoner until the officer or agent

having charge of him is ready to proceed on his route, such

officer or agent, however, being chargeable with the expense of

keeping; provided, however, that such officer or agent shall

produce and show to the keeper of such jail satisfactory written

evidence of the fact that he is actually transporting such

prisoner to the demanding State after a requisition by the

Executive Authority of such demanding State. Such prisoner shall

not be entitled to demand a new requisition while in this State.

Arrest Prior to Requisition

Sec. 13. Whenever any person within this State shall be charged

on the oath of any credible person before any judge or magistrate

of this State with the commission of any crime in any other State

and except in cases arising under Section 6, with having fled

from justice, or with having been convicted of a crime in that

State and having escaped from confinement, or having broken the

terms of his bail, probation or parole, or whenever complaint

shall have been made before any judge or magistrate in this State

setting forth on the affidavit of any credible person in another

State that a crime has been committed in such other State and

that the accused has been charged in such State with the

commission of the crime, and except in cases arising under

Section 6, has fled from justice, or with having been convicted

of a crime in that State and having escaped from confinement, or

having broken the terms of his bail, probation or parole and is

believed to be in this State, the judge or magistrate shall issue

a warrant directed to any peace officer commanding him to

apprehend the person named therein, wherever he may be found in

this State, and to bring him before the same or any other judge,

magistrate or court who or which may be available in or

convenient of access to the place where the arrest may be made,

to answer the charge or complaint and affidavit, and a certified

copy of the sworn charge or complaint and affidavit upon which

the warrant is issued shall be attached to the warrant.

Arrest Without a Warrant

Sec. 14. The arrest of a person may be lawfully made also by any

peace officer or private person, without a warrant upon

reasonable information that the accused stands charged in the

courts of a State with a crime punishable by death or

imprisonment for a term exceeding one year, but when so arrested

the accused must be taken before a judge or magistrate with all

practicable speed and complaint must be made against him under

oath setting forth the ground for the arrest as in the preceding

section; and thereafter his answer shall be heard as if he had

been arrested on a warrant.

Commitment to Await Requisition; Bail

Sec. 15. If from the examination before the judge or magistrate

it appears that the person held is the person charged with having

committed the crime alleged and except in cases arising under

Section 6, that he has fled from justice, the judge or magistrate

must, by warrant reciting the accusation, commit him to the

county jail for such time not exceeding thirty days and specified

in the warrant, as will enable the arrest of the accused to be

made under a warrant of the Governor on a requisition of the

Executive Authority of the State having jurisdiction of the

offense, unless the accused give bail as provided in the next

section, or until he shall be legally discharged.

Bail; In What Cases; Conditions of Bond

Sec. 16. Unless the offense with which the prisoner is charged is

shown to be an offense punishable by death or life imprisonment

under the laws of the State in which it was committed, a judge or

magistrate in this State may admit the person arrested to bail by

bond, with sufficient sureties and in such sum as he deems

proper, conditioned for his appearance before him at a time

specified in such bond, and for his surrender, to be arrested

upon the warrant of the Governor in this State.

Extension of Time of Commitment; Adjournment

Sec. 17. If the accused is not arrested under warrant of the

Governor by the expiration of the time specified in the warrant

or bond, a judge or magistrate may discharge him or may recommit

him for a further period not to exceed sixty days, or a judge or

magistrate may again take bail for his appearance and surrender,

as provided in Section 16, but within a period not to exceed

sixty days after the date of such new bond.

Forfeiture of Bail

Sec. 18. If the prisoner is admitted to bail and fails to appear

and surrender himself according to the conditions of his bond,

the judge, or magistrate by proper order, shall declare the bond

forfeited and order his immediate arrest without warrant if he be

within this State. Recovery may be had on such bond in the name

of the State as in the case of other bonds given by the accused

in criminal proceedings within this State.

Persons Under Criminal Prosecution in this State at the Time of

Requisition

Sec. 19. If a criminal prosecution has been instituted against

such person under the laws of this State and is still pending,

the Governor, in his discretion, either may surrender him on

demand of the Executive Authority of another State or hold him

until he has been tried and discharged or convicted and punished

in this State.

Guilt or Innocence of Accused, When Inquired Into

Sec. 20. The guilt or innocence of the accused as to the crime of

which he is charged may not be inquired into by the Governor or

in any proceeding after the demand for extradition accompanied by

a charge of crime in legal form as above provided shall have been

presented to the Governor, except as it may be involved in

identifying the person held as the person charged with the crime.

Governor May Recall Warrant or Issue Alias

Sec. 21. The governor may recall his warrant of the arrest or may

issue another warrant whenever he deems proper. Each warrant

issued by the Governor shall expire and be of no force and effect

when not executed within one year from the date thereof.

Fugitives from this State; Duty of Governor

Sec. 22. Whenever the Governor of this State shall demand a

person charged with crime or with escaping from confinement or

breaking the terms of his bail, probation or parole in this

State, from the Executive Authority of any other State, or from

the Chief Justice or an Associate Justice of the Supreme Court of

the District of Columbia authorized to receive such demand under

the laws of the United States, he shall issue a warrant under the

state seal, to some agent, commanding him to receive the person

so charged if delivered to him and convey him to the proper

officer of the county in this State in which the offense was

committed, or in which the prosecution for such offense is then

pending.

Application for Issuance of Requisition; By Whom Made; Contents

Sec. 23. 1. When the return to this State of a person charged

with crime in this State is required, the State's attorney shall

present to the Governor his written motion for a requisition for

the return of the person charged, in which motion shall be stated

the name of the person so charged, the crime charged against him,

the approximate time, place and circumstances of its commission,

the State in which he is believed to be, including the location

of the accused therein at the time the motion is made and

certifying that, in the opinion of the said State's attorney the

ends of justice require the arrest and return of the accused to

this State for trial and that the proceeding is not instituted to

enforce a private claim.

2. When the return to this State is required of a person who has

been convicted of a crime in this State and has escaped from

confinement, or broken the terms of his bail, probation or

parole, the prosecuting attorney of the county in which the

offense was committed, the parole board, or the warden of the

institution or sheriff of the county, from which escape was made,

shall present to the Governor a written application for a

requisition for the return of such person, in which application

shall be stated the name of the person, the crime of which he was

convicted, the circumstances of his escape from confinement, or

the circumstances of the breach of the terms of his bail,

probation or parole, the State in which he is believed to be,

including the location of the person therein at the time

application is made.

3. The application shall be verified by affidavit, shall be

executed in duplicate and shall be accompanied by two certified

copies of the indictment returned, or information and affidavit

filed, or of the complaint made to the judge or magistrate,

stating the offense with which the accused is charged, or of the

judgment of conviction or of the sentence. The prosecuting

officer, parole board, warden or sheriff may also attach such

further affidavits and other documents in duplicate as he shall

deem proper to be submitted with such application. One copy of

the application, with the action of the Governor indicated by

endorsement thereon, and one of the certified copies of the

indictment, complaint, information, and affidavits, or of the

judgment of conviction or of the sentence shall be filed in the

office of the Governor. The other copies of all papers shall be

forwarded with the Governor's requisition.

Costs and Expenses

Sec. 24. In all cases of extradition, the commissioners court of

the county where an offense is alleged to have been committed, or

in which the prosecution is then pending may in its discretion,

on request of the sheriff and the recommendation of the

prosecuting attorney, pay the actual and necessary expenses of

the officer or person commissioned to receive the person charged,

out of any county fund or funds not otherwise pledged.

Immunity from Service of Process in Certain Civil Cases

Sec. 25. A person brought into this State by, or after waiver of,

extradition based on a criminal charge shall not be subject to

service of personal process in civil actions arising out of the

same facts as the criminal proceeding to answer which he is being

or has been returned, until he has been convicted in the criminal

proceeding, or if acquitted, until he has had reasonable

opportunity to return to the State from which he was extradited.

Written Waiver of Extradition Proceedings

Sec. 25a. Any person 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 his bail, probation, or

parole may waive the issuance and service of the warrant provided

for in Sections 7 and 8 and all other procedure incidental to

extradition proceedings, by executing or subscribing in the

presence of a judge or any court of record within this State a

writing which states that he consents to return to the demanding

State; provided, however, that before such waiver shall be

executed or subscribed by such person it shall be the duty of

such judge to inform such person of his rights to the issuance

and service of a warrant of extradition and to obtain a writ of

habeas corpus as provided for in Section 10.

If and when such consent has been duly executed it shall

forthwith be forwarded to the office of the Governor of this

State and filed therein. The judge shall direct the officer

having such person in custody to deliver forthwith such person to

the duly accredited agent or agents of the demanding State, and

shall deliver or cause to be delivered to such agent or agents a

copy of such consent; provided, however, that nothing in this

section shall be deemed to limit the rights of the accused person

to return voluntarily and without formality to the demanding

State, nor shall this waiver procedure be deemed to be an

exclusive procedure or to limit the powers, rights or duties of

the officers of the demanding State or of this State.

Non-waiver by this State

Sec. 25b. Nothing in this Act contained shall be deemed to

constitute a waiver by this State of its right, power or

privilege to try such demanded person for crime committed within

this State, or of its right, power or privilege to regain custody

of such person 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

Article which result, or fail to result in, extradition to be

deemed a waiver by this State of any of its rights, privileges or

jurisdiction in any way whatsoever.

No Right of Asylum, No Immunity from Other Criminal Prosecutions

While in this State

Sec. 26. After a person has been brought back to this State by,

or after waiver of extradition proceedings, he may be tried in

this State for other crimes which he may be charged with having

committed here as well as that specified in the requisition for

his extradition.

Interpretation

Sec. 27. The provisions of this Article shall be interpreted and

construed as to effectuate its general purposes to make uniform

the law of those States which enact it.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Sec. 22 amended by Acts 1993, 73rd Leg., ch. 300, Sec. 27, eff.

Aug. 30, 1993; Sec. 23, subd. 3 amended by Acts 1997, 75th Leg.,

ch. 701, Sec. 1, eff. Sept. 1, 1997.

Art. 51.14. INTERSTATE AGREEMENT ON DETAINERS. This article may

be cited as the "Interstate Agreement on Detainers Act." This

agreement on detainers is hereby enacted into law and entered

into by this state with all other jurisdictions legally joined

therein in the form substantially as follows:

The contracting states solemnly agree that:

ARTICLE I.

The party states find that charges outstanding against a

prisoner, detainers based on untried indictments, informations,

or complaints, and difficulties in securing speedy trial of

persons already incarcerated in other jurisdictions, produce

uncertainties which obstruct programs of prisoner treatment and

rehabilitation. Accordingly, it is the policy of the party states

and the purpose of this agreement to encourage the expeditious

and orderly disposition of such charges and determination of the

proper status of any and all detainers based on untried

indictments, informations, or complaints. The party states also

find that proceedings with reference to such charges and

detainers, when emanating from another jurisdiction, cannot

properly be had in the absence of cooperative procedures. It is

the further purpose of this agreement to provide such cooperative

procedures.

ARTICLE II.

As used is this agreement:

(a) "State" shall mean a state of the United States; the United

States of America; a territory or possession of the United

States; the District of Columbia; the Commonwealth of Puerto

Rico.

(b) "Sending state" shall mean a state in which a prisoner is

incarcerated at the time that he initiates a request for final

disposition pursuant to Article III hereof or at the time that a

request for custody or availability is initiated pursuant to

Article IV hereof.

ARTICLE III.

(a) Whenever a person has entered upon a term of imprisonment in

a penal or correctional institution of a party state, and

whenever during the continuance of the term of imprisonment there

is pending in any other party state any untried indictment,

information, or complaint on the basis of which a detainer has

been lodged against the prisoner, he shall be brought to trial

within 180 days after he shall have caused to be delivered to the

prosecuting officer and the appropriate court of the prosecuting

officer's jurisdiction written notice of the place of his

imprisonment and his request for a final disposition to be made

of the indictment, information, or complaint; provided that for

good cause shown in open court, the prisoner or his counsel being

present, the court having jurisdiction of the matter may grant

any necessary or reasonable continuance. The request of the

prisoner shall be accompanied by a certificate of the appropriate

official having custody of the prisoner, stating the term of

commitment under which the prisoner is being held, the time

already served, the time remaining to be served on the sentence,

the amount of good time earned, the time of parole eligibility of

the prisoner, and any decision of the state parole agency

relating to the prisoner.

(b) The written notice and request for final disposition referred

to in Paragraph (a) hereof shall be given or sent by the prisoner

to the warden, commissioner of corrections, or other official

having custody of him, who shall promptly forward it together

with the certificate to the appropriate prosecuting official and

court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections, or other official

having custody of the prisoner shall promptly inform him of the

source and contents of any detainer lodged against him and shall

also inform him of his right to make a request for final

disposition of the indictment, information, or complaint on which

the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant

to Paragraph (a) hereof shall operate as a request for final

disposition of all untried indictments, informations, or

complaints on the basis of which detainers have been lodged

against the prisoner from the state to whose prosecuting official

the request for final disposition is specifically directed. The

warden, commissioner of corrections, or other official having

custody of the prisoner shall forthwith notify all appropriate

prosecuting officers and courts in the several jurisdictions

within the state to which the prisoner's request for final

disposition is being sent of the proceeding being initiated by

the prisoner. Any notification sent pursuant to this paragraph

shall be accompanied by copies of the prisoner's written notice,

request, and the certificate. If trial is not had on any

indictment, information, or complaint contemplated hereby prior

to the return of the prisoner to the original place of

imprisonment, such indictment, information, or complaint shall

not be of any further force or effect, and the court shall enter

an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant

to Paragraph (a) hereof shall also be deemed to be a waiver of

extradition with respect to any charge or proceeding contemplated

thereby or included therein by reason of Paragraph (d) hereof,

and a waiver of extradition to the receiving state to serve any

sentence there imposed upon him after completion of his term of

imprisonment in the sending state. The request for final

disposition shall also constitute a consent by the prisoner to

the production of his body in any court where his presence may be

required in order to effectuate the purposes of this agreement

and a further consent voluntarily to be returned to the original

place of imprisonment in accordance with the provisions of this

agreement. Nothing in this paragraph shall prevent the imposition

of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his

execution of the request for final disposition referred to in

Paragraph (a) hereof shall void the request.

ARTICLE IV.

(a) The appropriate officer of the jurisdiction in which an

untried indictment, information, or complaint is pending shall be

entitled to have a prisoner against whom he has lodged a detainer

and who is serving a term of imprisonment in any party state made

available in accordance with Paragraph (a) of Article V hereof

upon presentation of a written request for temporary custody or

availability to the appropriate authorities of the state in which

the prisoner is incarcerated; provided that the court having

jurisdiction of such indictment, information, or complaint shall

have duly approved, recorded, and transmitted the request; and

provided further that there shall be a period of 30 days after

receipt by the appropriate authorities before the request be

honored, within which period the governor of the sending state

may disapprove the request for temporary custody or availability,

either upon his own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in

Paragraph (a) hereof, the appropriate authorities having the

prisoner in custody shall furnish the officer with a certificate

stating the term of commitment under which the prisoner is being

held, the time already served, the time remaining to be served on

the sentence, the amount of good time earned, the time of parole

eligibility of the prisoner, and any decisions of the state

parole agency relating to the prisoner. Said authorities

simultaneously shall furnish all other officers and appropriate

courts in the receiving state who have lodged detainers against

the prisoner with similar certificates and with notices informing

them of the request for custody or availability and of the

reasons therefor.

(c) In respect of any proceeding made possible by this article,

trial shall be commenced within 120 days of the arrival of the

prisoner in the receiving state, but for good cause shown in open

court, the prisoner or his counsel being present, the court

having jurisdiction of the matter may grant any necessary or

reasonable continuance.

(d) Nothing contained in this article shall be construed to

deprive any prisoner of any right which he may have to contest

the legality of his delivery as provided in Paragraph (a) hereof,

but such delivery may not be opposed or denied on the ground that

the executing authority of the sending state has not

affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information, or

complaint contemplated hereby prior to the prisoner's being

returned to the original place of imprisonment pursuant to

Paragraph (e) of Article V hereof, such indictment, information,

or complaint shall not be of any further force or effect, and the

court shall enter an order dismissing the same with prejudice.

ARTICLE V.

(a) In response to a request made under Article III or Article IV

hereof, the appropriate authority in a sending state shall offer

to deliver temporary custody of such prisoner to the appropriate

authority in the state where such indictment, information, or

complaint is pending against such person in order that speedy and

efficient prosecution may be had. If the request for final

disposition is made by the prisoner, the offer of temporary

custody shall accompany the written notice provided for in

Article III of this agreement. In the case of a federal prisoner,

the appropriate authority in the receiving state shall be

entitled to temporary custody as provided by this agreement or to

the prisoner's presence in federal custody at the place of trial,

whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an

offer of temporary custody shall present the following upon

demand:

(1) proper identification and evidence of his authority to act

for the state into whose temporary custody this prisoner is to be

given;

(2) a duly certified copy of the indictment, information, or

complaint on the basis of which the detainer has been lodged and

on the basis of which the request for temporary custody of the

prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept

temporary custody of said person, or in the event that an action

on the indictment, information, or complaint on the basis of

which the detainer has been lodged is not brought to trial within

the period provided in Article III or Article IV hereof, the

appropriate court of the jurisdiction where the indictment,

information, or complaint has been pending shall enter an order

dismissing the same with prejudice, and any detainer based

thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be

only for the purpose of permitting prosecution on the charge or

charges contained in one or more untried indictments,

informations, or complaints which form the basis of the detainer

or detainers or for prosecution on any other charge or charges

arising out of the same transaction. Except for his attendance at

court and while being transported to or from any place at which

his presence may be required, the prisoner shall be held in a

suitable jail or other facility regularly used for persons

awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes

of this agreement, the prisoner shall be returned to the sending

state.

(f) During the continuance of temporary custody or while the

prisoner is otherwise being made available for trial as required

by this agreement, time being served on the sentence shall

continue to run but good time shall be earned by the prisoner

only if, and to the extent that, the law and practice of the

jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody

as provided in this agreement is exercised, the prisoner shall be

deemed to remain in the custody of and subject to the

jurisdiction of the sending state and any escape from temporary

custody may be dealt with in the same manner as an escape from

the original place of imprisonment or in any other manner

permitted by law.

(h) From the time that a party state receives custody of a

prisoner pursuant to this agreement until such prisoner is

returned to the territory and custody of the sending state, the

state in which the one or more untried indictments, informations,

or complaints are pending or in which trial is being had shall be

responsible for the prisoner and shall also pay all costs of

transporting, caring for, keeping, and returning the prisoner.

The provisions of this paragraph shall govern unless the states

concerned shall have entered into a supplementary agreement

providing for a different allocation of costs and

responsibilities as between or among themselves. Nothing herein

contained shall be construed to alter or affect any internal

relationship among the departments, agencies, and officers of and

in the government of a party state, or between a party state and

its subdivisions, as to the payment of costs, or responsibilities

therefor.

ARTICLE VI.

(a) In determining the duration and expiration dates of the time

periods provided in Articles III and IV of this agreement, the

running of said time periods shall be tolled whenever and for as

long as the prisoner is unable to stand trial, as determined by

the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available

by this agreement shall apply to any person who is adjudged to be

mentally ill.

ARTICLE VII.

Each state party to this agreement shall designate an officer

who, acting jointly with like officers of other party states,

shall promulgate rules and regulations to carry out more

effectively the terms and provisions of this agreement, and who

shall provide, within and without the state, information

necessary to the effective operation of this agreement.

ARTICLE VIII.

This agreement shall enter into full force and effect as to a

party state when such state has enacted the same into law. A

state party to this agreement may withdraw herefrom by enacting a

statute repealing the same. However, the withdrawal of any state

shall not affect the status of any proceedings already initiated

by inmates or by state officers at the time such withdrawal takes

effect, nor shall it affect their rights in respect thereof.

ARTICLE IX.

(a) This agreement shall be liberally construed so as to

effectuate its purposes. The provisions of this agreement shall

be severable and if any phrase, clause, sentence, or provision of

this agreement is declared to be contrary to the constitution of

any party state or of the United States or the applicability

thereof to any government, agency, person, or circumstance is

held invalid, the validity of the remainder of this agreement and

the applicability thereof to any government, agency, person, or

circumstance shall not be affected thereby. If this agreement

shall be held contrary to the constitution of any state party

hereto, the agreement shall remain in full force and effect as to

the remaining states and in full force and effect as to the state

affected as to all severable matters.

(b) As used in this article, "appropriate court" means a court of

record with criminal jurisdiction.

(c) All courts, departments, agencies, officers, and employees of

this state and its political subdivisions are hereby directed to

enforce this article and to cooperate with one another and with

other party states in enforcing the agreement and effectuating

its purpose.

(d) Any prisoner escapes from lawful custody while in another

state as a result of the application of this article shall be

punished as though such escape had occurred within this state.

(e) The governor is empowered to designate the officer who will

serve as central administrator of and information agent for the

agreement on detainers pursuant to the provisions of Article VII

hereof.

(f) Copies of this article, upon its enactment, shall be

transmitted to the governor of each state, the Attorney General

and the Secretary of State of the United States, and the council

of state governments.

Added by Acts 1975, 64th Leg., p. 920, ch. 343, Sec. 1, eff. June

19, 1975.