Bill Text: WV HB2276 | 2022 | Regular Session | Introduced
Bill Title: Authorizing the Governor to seek the return of fugitives
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-01-12 - To House Judiciary [HB2276 Detail]
Download: West_Virginia-2022-HB2276-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2276
By Delegates D. Kelly and Fast
[Introduced February 10,
2021; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §5-1-10 of the Code of West Virginia, 1931, as amended, relating to the authorization of the Governor to seek the return of fugitives when found in another state or the District of Columbia; providing for return of persons who have been improperly released from confinement; and updating terms, titles, and cross-references.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. THE GOVERNOR.
§5-1-10. Return of fugitive from this state.
(a) Whenever the Governor
of this state shall demand a person charged with crime, or with escaping
who has escaped from confinement, or breaking has violated
the terms of his the person’s bail, probation, or parole in this
state, or has been improperly released from confinement, 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 the
Governor shall issue a warrant under the great seal of this state affixed
thereon by the Secretary of State, to some agent, commanding him or her
to receive the person so charged if delivered to him or her and to
convey him or her to the proper officer of the county in this state in which
the offense was committed.
(b) 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 or her 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 or she 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.
(c) When the return to this
state is required of a person who has been previously convicted of a
crime in this state and has escaped from confinement, has been improperly
released from confinement, or broken has violated the terms
of his or her 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 commissioner of the Division of Corrections and
Rehabilitation, 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 the person was convicted, the circumstances
of his or her escape from confinement or of the breach of the terms of
his or her bail, probation or parole, the state in which he the
person is believed to be, including the location of the person therein at
the time application is made.
(d) The application shall be verified by affidavit, shall
be executed in duplicate and shall be accompanied by either: pursuant to
subsection (b) of this section, two certified copies of the indictment
returned or information and affidavit filed, or, pursuant to subsection (c)
of this section, two certified copies of the complaint made to the judge or
justice, stating the offense with which the accused is charged, or the judgment
of conviction or of the sentence. The prosecuting attorney, Parole Board, warden
commissioner of the Division of Corrections and Rehabilitation or
sheriff may also attach such further affidavits and other documents in
duplicate as he or she 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.
NOTE: The purpose of this bill is to update provisions authorizing the Governor to seek the return of fugitives who have been convicted of a crime, have violated bail, probation, or parole, or have been improperly released from confinement when those persons flee to another state or to the District of Columbia.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.