State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-746

§15A‑746.  Written waiver of extradition proceedings.

Any person arrested in thisState charged with having committed any crime in another state or alleged tohave escaped from confinement, or broken the terms of his bail, probation orparole may  waive the issuance and service of the warrant provided for in G.S.15A‑ 727 and 15A‑728 and all other procedure incidental toextradition proceedings, by executing or subscribing in the presence of a judgeof any court of record within this State or a clerk of the superior court awriting which states that he consents to return to the demanding state:Provided, however, that before such waiver shall be executed or subscribed bysuch person it shall be the duty of such judge or clerk of superior court toinform such person of his rights to the issuance and service of a warrant ofextradition and to obtain a writ of habeas corpus as provided for in G.S. 15A‑730.

If and when such consent hasbeen duly executed it shall forthwith  be forwarded to the office of the Governorof this State and filed therein. The judge or clerk of superior court shalldirect the officer having such person in custody to deliver forthwith suchperson to the  duly accredited agent or agents of the demanding state, andshall deliver or cause to be delivered to such agent or agents a copy of suchconsent: Provided, however, that nothing in this section shall be deemed tolimit the rights of the accused person to return voluntarily and withoutformality to the demanding state, nor shall this waiver procedure be deemed tobe an exclusive procedure or to limit the powers, rights or duties of theofficers of the demanding state or of this State. (1937, c. 273, s. 25a; 1959,c. 271; 1973, c. 1286, s. 16.)