19.2-114 - Written waiver of extradition proceedings. - Virginia Statutes

§ 19.2-114. Written waiver of extradition proceedings.

Any person arrested in this Commonwealth charged with having committed anycrime in another state or alleged to have escaped from confinement, or brokenthe terms of his bail, probation or parole may waive the issuance and serviceof the warrant provided for in §§ 19.2-92 and 19.2-93 and all otherprocedures incidental to extradition proceedings by executing or subscribingin the presence of a judge of a circuit or district court within thisCommonwealth a writing which states that he consents to return to thedemanding state. However, before the waiver is executed or subscribed by theperson, it shall be the duty of the judge to inform the person of his rightsto the issuance and service of a warrant of extradition and to obtain a writof habeas corpus as provided for in § 19.2-95.

If and when such consent has been duly executed, it shall forthwith beforwarded to the office of the Governor and filed therein. The judge shalldirect the officer having the person in custody to promptly deliver him tothe duly accredited agent of the demanding state, and shall deliver or causeto be delivered to such agent a copy of the consent.

This section shall not be deemed to limit the rights of the accused person toreturn voluntarily and without formality to the demanding state, nor shallthis waiver procedure be deemed to be an executive procedure or to limit thepowers, rights or duties of the officers of the demanding state or of thisCommonwealth.

(Code 1950, § 19.1-78; 1960, c. 366; 1975, c. 495; 1992, c. 306.)