Through 17-12-128

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Repealed by Ga. L. 2008, p. 846, § 42/HB 1245, effective July 1, 2008.

Editor's notes.

- This article was based on Code 1981, §§ 17-12-120 through17-12-127,17-12-127.1, and17-12-128, enacted by Ga. L. 2003, p. 191, § 1 and Ga. L. 2004, p. 631, § 17.

CHAPTER 13 CRIMINAL EXTRADITION Article 1 General Provisions.
  • 17-13-1. Requirements as to applications for requisitions for extradition of fugitives from justice of this state.
  • 17-13-2. Duty of Governor to make requisitions.
  • 17-13-3. Expense of returning fugitives to be first authorized by county governing authority.
  • 17-13-4. Arrest and delivery to authorities of fugitive from foreign country.
  • 17-13-5. Execution of warrants for arrest of fugitives from justice.
Article 2 Uniform Criminal Extradition Act.
  • 17-13-20. Short title.
  • 17-13-21. Definitions.
  • 17-13-22. Duty of Governor to have fugitives from justice arrested and delivered to executive authorities of other states.
  • 17-13-23. Form of demand for extradition of person charged with crime in another state.
  • 17-13-24. Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion.
  • 17-13-25. Extradition of persons not present in demanding state at time of commission of crime.
  • 17-13-26. Investigation of case upon receipt of demand for extradition.
  • 17-13-27. Issue of Governor's warrant of arrest; recitals.
  • 17-13-28. Manner and place of execution of warrant.
  • 17-13-29. Authority of arresting officers; penalties for refusal to assist arresting officers.
  • 17-13-30. Rights of accused person; application for writ of habeas corpus; hearing; penalty.
  • 17-13-31. Duty of district attorney to answer and defend habeas corpus action.
  • 17-13-32. Confinement in jail of person being extradited to another state when necessary.
  • 17-13-33. Arrest of person charged with crime in another state under warrant based upon oath or affidavit of another person.
  • 17-13-34. Arrest without warrant of a person charged with a crime in another state.
  • 17-13-35. Commitment of person accused of crime in another state to county jail pending receipt of demand from other state generally.
  • 17-13-36. Granting of bail.
  • 17-13-37. Procedure where accused not arrested within time specified in warrant.
  • 17-13-38. Forfeiture of bail bond.
  • 17-13-39. Surrender of persons under criminal prosecution or sentence in this state to demanding state.
  • 17-13-40. Conduct of inquiry as to guilt or innocence of accused.
  • 17-13-41. Recall of warrant of arrest or issuance of another warrant by Governor.
  • 17-13-42. Demand for return of fugitives in other states by Governor of this state; issuance of warrant to person receiving fugitive.
  • 17-13-43. Application for issuance of demand.
  • 17-13-44. Payment of expenses.
  • 17-13-45. Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge.
  • 17-13-46. Execution and filing of written waiver of extradition proceedings by accused; delivery of accused to demanding state.
  • 17-13-47. Effect of article as to right, power, or privilege of state to try demanded person.
  • 17-13-48. Trial of person brought into state for other criminal prosecutions while in state.
  • 17-13-49. Uniform interpretation and construction.
JUDICIAL DECISIONS

Primary law governing extradition proceedings is found in the Constitution of the United States, and the acts of Congress in pursuance thereof. McFarlin v. Shirley, 209 Ga. 794, 76 S.E.2d 1 (1953).

RESEARCH REFERENCES

ALR.

- Test of "dual criminality" where extradition to or from foreign nation is sought, 132 A.L.R. Fed. 525.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extradition, §§ 49, 64 et seq.

C.J.S.

- 35 C.J.S. (Rev), Extradition and Detainers, §§ 19, 20, 24 et seq.

ALR.

- Extradition: mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.

Permitting prisoner under sentence in federal court to be taken for trial before state court, 22 A.L.R. 886; 62 A.L.R. 279.

Extradition of fugitive in custody under charge in asylum state, 42 A.L.R. 585.

One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 54 A.L.R. 281.

Extradition of escaped or paroled convict, or one at liberty on bail, 78 A.L.R. 419.

One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262.

Right to try one brought within jurisdiction illegally or as a result of a mistake as to identity, 28 A.L.R. Fed. 685; 25 A.L.R.4th 157.


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