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HB 1397 - Criminal extradition; request by corrections comm or designee

Reece, Barbara Massey (11th)	Sholar, Wallace (179th)	Barnard, Terry (154th)

Status Summary	HC:	Judy	SC:	Judy	FR:	02/09/00	LA:	03/15/00	S - Favorably Reported

First Reader Summary

A BILL to amend Article 2 of Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to the "Uniform Criminal Extradition Act," so as to provide for an administrative change to allow the commissioner of the Department of Corrections or his or her designee to sign and present written application for a requisition for the return of a person who has been convicted of a crime in this state and who has escaped from confinement; and for other purposes.

HB 1397                                            LC 19 4541 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 13 of Title 17 of the Official 
  1- 2  Code of Georgia Annotated, relating to the "Uniform Criminal 
  1- 3  Extradition Act," so as to provide for an administrative 
  1- 4  change to allow the commissioner of the Department of 
  1- 5  Corrections or his or her designee to sign and present 
  1- 6  written application for a requisition for the return of a 
  1- 7  person who has been convicted of a crime in this state and 
  1- 8  who has escaped from confinement; to add the commissioner of 
  1- 9  corrections or his or her designee to the list of persons 
  1-10  who are able to process an extradition order; to provide an 
  1-11  effective date; to repeal conflicting laws; and for other 
  1-12  purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Article 2 of Chapter 13 of Title 17 of the Official Code of 
  1-16  Georgia Annotated, relating to the "Uniform Criminal 
  1-17  Extradition Act," is amended by striking subsections (b) and 
  1-18  (c) of Code Section 17-13-43, relating to presenting an 
  1-19  application for issuance of demand for extradition to the 
  1-20  Governor, and inserting in lieu thereof the following: 
 
  1-21    "(b) When the return to this state is required of a person 
  1-22    who has been convicted of a crime in this state and who 
  1-23    has escaped from confinement or broken the terms of his or 
  1-24    her bail, probation, or parole, the prosecuting attorney 
  1-25    of the county in which the offense was committed, the 
  1-26    State Board of Pardons and Paroles, or the warden of the 
  1-27    institution the commissioner of corrections, or his or her 
  1-28    designee, or sheriff of the county from which escape was 
  1-29    made shall present to the Governor a written application 
  1-30    for a requisition for the return of such person. The 
  1-31    application shall state the name of the person, the crime 
  1-32    of which he such person was convicted, the circumstances 
  1-33    of his such person escape from confinement or of the 
  1-34    breach of the terms of his such person's bail, probation, 
  1-35    or parole and the state in which he such person is 
 
 
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  2- 1    believed to be, including the location of the person 
  2- 2    therein at the time application is made. 
 
  2- 3    (c) The application shall be verified by affidavit, 
  2- 4    executed in duplicate, and accompanied by two certified 
  2- 5    copies of the indictment returned, information and 
  2- 6    affidavit filed, or of the complaint made to the judge or 
  2- 7    magistrate, stating the offense with which the accused is 
  2- 8    charged, or of the judgment of conviction or of the 
  2- 9    sentence. The prosecuting officer, parole board, warden 
  2-10    commissioner of corrections, or his or her designee, or 
  2-11    sheriff may also attach such further affidavits and other 
  2-12    documents in duplicate as he or she shall deem proper to 
  2-13    be submitted with such application. One copy of the 
  2-14    application, with the action of the Governor indicated by 
  2-15    endorsement thereon, and one of the certified copies of 
  2-16    the indictment, complaint, information and affidavits, or 
  2-17    of the judgment of conviction or of the sentence shall be 
  2-18    filed in the office of the Governor, to remain of record 
  2-19    in that office. The other copies of all papers shall be 
  2-20    forwarded with the Governor's requisition." 
 
  2-21                           SECTION 2. 
 
  2-22  This Act shall become effective on July 1, 2000. 
 
  2-23                           SECTION 3. 
 
  2-24  All laws and parts of laws in conflict with this Act are 
  2-25  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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