Missouri Statute | Act | Code |Criminal Procedure| US Code - US Statute

Where appearing in this chapter:

(1) The term "executive authority" includes the governor, and any person
performing the functions of governor in a state other than this state;

(2) The term "governor" includes any person performing the functions of
governor by authority of the law of this state;

(3) The terms "judge", "magistrate", and "judge of any court of record"
include a judge of the supreme court or of the court of appeals, a
circuit judge, and an associate circuit judge, but do not include a
municipal judge;

(4) The term "state", referring to a state other than this state,
includes any other state or territory, organized or unorganized, of the
United States of America. (L. 1953 p. 425 § 1, A.L. 1978 H.B. 1634)

Effective 1-2-79

Subject to the provisions of this chapter, 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. (L. 1953 p. 425 § 2)

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 548.061, 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 made before an associate circuit judge there, together with
a copy of any warrant which was 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 associate circuit judge 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. (L. 1953 p. 425 § 3)

(1953) Where requisition was accompanied by affidavit as required by 18
U.S.C.A. § 3182, it was sufficient even though not accompanied by
indictment or information. Hayes v. O'Connell (A.), 263 S.W.2d 66.

(1954) Failure of foreign state's demand to allege that accused was in
the foreign state at time alleged crime was committed or that he fled
therefrom held not to invalidate rendition warrant in view of federal
constitution and statutes. 18 U.S.C.A. § 3182. Ex parte Arrington (Mo.),
270 S.W.2d 39.

(1957) Before governor may honor requisition of another state, these
facts must appear; (1) that the person sought is demanded as a fugitive
from justice; (2) that the demanding governor has produced a copy of an
indictment charging person sought with a crime; and (3) that such copy
has been certified as authentic. Hagel v. Hendrix (A.), 302 S.W.2d 323.

(1994) Governor's role in evaluating extradition requests and issuing
arrest warrants is judicial in nature and duties of extradition officer
for governor are quasi-judicial in nature, therefore, both governor and
extradition officer are entitled to absolute immunity from suit. White v.
Armontrout, 29 F.3d 357 (8th Cir.).

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 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. (L. 1953 p. 425 § 4)

1. 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.

2. 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 548.231 with having violated
the laws of the state whose executive authority is making the demand,
even though such person left the demanding state involuntarily. (L. 1953
p. 425 § 5)

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 548.031 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 chapter 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.
(L. 1953 p. 425 § 6)

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.
(L. 1953 p. 425 § 7)

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 or other persons in the execution of the warrant, and to deliver
the accused, subject to the provisions of this chapter, to the duly
authorized agent of the demanding state. (L. 1953 p. 425 § 8)

Every such 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. (L. 1953 p. 425 § 9)

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 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. (L. 1953 p. 425 § 10)

(1962) Writ of prohibition issued to prevent circuit court from
exercising further jurisdiction in habeas corpus proceeding wherein
petitioner challenged extradition proceedings on ground of
unconstitutionality of foreign statute under which he was charged. State
ex rel. Anderson v. Weinstein (Mo.), 359 S.W.2d 355.

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 willful disobedience to section 548.101, shall be guilty of a
misdemeanor and, on conviction, shall be punished by a fine of not more
than one thousand dollars or by imprisonment in the county jail not
exceeding six months, or by both such fine and imprisonment. (L. 1953 p.
425 § 11)

(1994) Person charged with legal custody of prisoner at time of an
extradition transfer has responsibility to ensure that prisoner receives
a hearing before transfer. White v. Armontrout, 29 F.3d 357 (8th Cir.).

1. 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.

2. 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. (L. 1953 p.
425 § 12)

Whenever any person within this state shall be charged on the
oath of any credible person before any judge or associate circuit judge
of this state with the commission of any crime in any other state and,
except in cases arising under section 548.061, 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 associate circuit judge 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 548.061, 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 associate circuit judge 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, associate circuit judge 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, provided that when a complaint shall be made against any person
under the terms of this chapter, the judge or associate circuit judge
shall take from the prosecutor a bond, to the clerk of the court, with
sufficient security, to secure the payment of the costs and expenses
which may accrue by occasion of the arrest and detention of the party
charged, which bond shall be certified and returned, with the
examination, to the office of the circuit clerk and when any such
recognizance shall be forfeited, it shall inure to the benefit of the
state. (L. 1953 p. 425 § 13, A.L. 1978 H.B. 1634)

Effective 1-2-79

The arrest of a person may be lawfully made also by any peace
officer or a 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
associate circuit judge with all practicable speed and complaint must be
made against him under oath setting forth the ground for the arrest as in
section 548.131; and thereafter his answer shall be heard as if he had
been arrested on a warrant. (L. 1953 p. 425 § 14)

If from the examination before the judge or associate circuit
judge it appears that the person held is the person charged with having
committed the crime alleged and, except in cases arising under section
548.061, that he has fled from justice, the judge or associate circuit
judge must, by a warrant reciting the accusation, commit him to the
county jail for such a 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 section 548.161 or until he shall be legally
discharged. (L. 1953 p. 425 § 15)

(1954) Where court committed accused for fifteen days under § 548.151 and
then recommitted him for another fifteen days under § 548.171, its power
was spent and no further commitment could be made. Christopher v. Tozer
(A.), 263 S.W.2d 864.

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 associate circuit
judge 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 of this state.
(L. 1953 p. 425 § 16)

CROSS REFERENCE: Recognizances taken in court record--others in writing,
RSMo 544.050

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
associate circuit judge may discharge him or may recommit him for a
further period not to exceed sixty days, or a judge or associate circuit
judge may again take bail for his appearance and surrender, as provided
in section 548.161, but within a period not to exceed sixty days after
the date of such new bond. (L. 1953 p. 425 § 17)

(1954) Where court committed accused for fifteen days under § 548.151 and
then recommitted him for another fifteen days under § 548.171, its power
was spent and no further commitment could be made. Christopher v. Tozer
(A.), 263 S.W.2d 864.

If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the judge, or
associate circuit judge by proper order, shall declare the bond forfeited
and order his immediate arrest without warrant if he be within the 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. (L. 1953 p. 425 § 18)

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. (L. 1953 p. 425 § 19)

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 provided in section 548.191 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. (L. 1953 p. 425 §
20)

(1953) Question of mistaken identity, while a defense to charge of crime,
may not be considered on habeas corpus where person in custody is
admittedly person charged therewith. Hayes v. O'Connell (A.), 263 S.W.2d
66.

(1974) Held that failure to have an affidavit made before a magistrate
was not grounds for refusal to extradite. Held also that extradition
should have been denied because of failure of affidavit to substantially
charge him with commission of a crime. Application of Evans (A.), 512
S.W.2d 238.

The governor may recall his warrant of arrest or may issue
another warrant whenever he deems proper. (L. 1953 p. 425 § 21)

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 seal of this state, 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. (L. 1953 p. 425 § 22)

1. When the return to this state of a person charged with crime
in this state is required, the prosecuting attorney shall present to the
governor his written application for a requisition for the return of the
person charged, in which application 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 application is made and certifying that, in the opinion of the
said prosecuting 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 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 associate circuit judge, 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
secretary of state, to remain of record in that office. The other copies
of all papers shall be forwarded with the governor's requisition. (L.
1953 p. 425 § 23)

1. All necessary and proper expenses accruing under section
548.221, upon being ascertained to the satisfaction of the governor,
shall be allowed on his certificate and paid out of the state treasury as
other demands against the state.

2. All necessary and proper expenses accruing as a result of a person
being returned to this state pursuant to the provisions of section
548.243 or 217.810, RSMo, shall be allowed and paid out of the state
treasury as if the person were being returned to this state pursuant to
section 548.221. (L. 1953 p. 425 § 24, A.L. 1957 p. 378, A.L. 1971 S.B.
163, A.L. 1983 H.B. 713 Revision, A.L. 1984 S.B. 611, A.L. 1994 H.B. 1491
& 1134 merged with S.B. 508)

Effective 7-1-94

In any criminal proceeding wherein a court in this state has
issued a warrant for the arrest of a person and that person was arrested
in any other state, territory, or possession of the United States and
that person waives extradition and consents to return to this state, the
sheriff of the county where the warrant was issued may contract with an
agent for the return of such person to this state, or the sheriff or his
deputy may return such person to this state. All necessary expenses which
would be paid by the state if there had been extradition, incurred by the
sheriff, his deputy or an authorized agent in returning the person shall
be paid to the sheriff by the state regardless of the ultimate
disposition of the criminal proceedings. Such costs after such payment
shall be taxed against the person and recovered by the entity paying the
same, unless the person is acquitted of the criminal offense charged. (L.
1969 H.B. 52 § 1, A.L. 1978 S.B. 792, A.L. 1983 H.B. 713 Revision, A.L.
1985 H.B. 698, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508)

Effective 7-1-94

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 proceedings 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. (L. 1953 p. 425 § 25)

(1954) Where husband was extradited into this state on criminal charge of
nonsupport of wife and child, process served upon him in divorce action
pending prosecution on the criminal charge was void and conferred no
jurisdiction of the action. State ex rel. Stipec v. Owen (A.), 271 S.W.2d
864.

1. 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
548.071 and 548.081 and all other procedure incidental to extradition
proceedings, by executing or subscribing in the presence of a judge of
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 or service of a warrant of extradition and to obtain a writ of
habeas corpus as provided in section 548.101.

2. 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. (L. 1953 p. 425 § 26)

Nothing in this chapter 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 chapter which result in, or fail to result in, extradition be
deemed a waiver by this state of any of its rights, privileges or
jurisdiction in any way whatsoever. (L. 1953 p. 425 § 27)

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. (L. 1953 p. 425
§ 28)

The provisions of this chapter shall be so interpreted and
construed as to effectuate the general purposes to make uniform the law
of those states which enact it. (L. 1953 p. 425 § 29)

This chapter may be cited as the "Uniform Criminal Extradition
Law". (L. 1953 p. 425 § 32)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Laywer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.