reglab/housing_qa huggingface dataset:
GA Code § 17-13-23 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-23. Form of Demand for Extradition of Person Charged With Crime in Another State

 No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under Code Section 17-13-25, 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 in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate 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 magistrate must substantially charge the person demanded with having committed a crime under the law of the state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.   (Ga. L. 1951, p. 726, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 68 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 19, 20, 25 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 3.   ALR.    - One who left demanding state by official permission as a fugitive from justice for purposes of extradition, 67 A.L.R. 1480.    Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.    Sufficiency of statements in demanding papers in extradition proceedings as allegation or proof of presence of accused in demanding state at time of commission of alleged crime or that accused is a fugitive, 135 A.L.R. 973.    Constitutionality, construction, and application of statute authorizing extradition of one who commits an act within the state or a third state resulting in a crime in the demanding state, 151 A.L.R. 239.   Determination, in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 40 A.L.R.2d 1151.   Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912.   Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1085.
GA Code § 17-13-24 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-24. Extradition of Person Imprisoned or Awaiting Trial in Another State or Who Has Left the Demanding State Under Compulsion

  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 the other state for the extradition of the person before the conclusion of the proceedings or of his term of sentence in the other state, upon condition that the person be returned to the other state, at the expense of this state, as soon as the prosecution in this state is terminated.   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 Code Section 17-13-43 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.    (Ga. L. 1951, p. 726, § 5; Ga. L. 1955, p. 587, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 24, 143.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 18.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 5.   ALR.    - Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
GA Code § 17-13-25 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-25. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime

 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 Code Section 17-13-23 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 article 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.   (Ga. L. 1951, p. 726, § 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 28, 29.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 11, 12.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 6.   ALR.    - One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167; 54 A.L.R. 281.
GA Code § 17-13-26 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-26. Investigation of Case Upon Receipt of Demand for Extradition

 When a demand for the surrender of a person charged with a crime shall be made upon the Governor of this state by the executive authority of another state, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, to report to him the situation and circumstances of the person so demanded, and to advise whether he ought to be surrendered.   (Ga. L. 1951, p. 726, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 90, 96, 97.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 40.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 4.
GA Code § 17-13-27 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-27. Issue of Governor's Warrant of Arrest; Recitals

 If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and 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.   (Ga. L. 1951, p. 726, § 7; Ga. L. 1983, p. 649, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 108 et seq.   C.J.S.   - 35 C.J.S., (Rev), Extradition and Detainers, § 41 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 7.   ALR.    - Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
GA Code § 17-13-28 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-28. Manner and Place of Execution of Warrant

 The 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, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to other provisions of this article, to the duly authorized agent of the demanding state.   (Ga. L. 1951, p. 726, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 117 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 40 et seq.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 8.   JUDICIAL DECISIONS    Cited in Powell v. Brown, 281 Ga. 609, 641 S.E.2d 519 (2007).
GA Code § 17-13-29 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-29. Authority of Arresting Officers; Penalties for Refusal to Assist Arresting Officers

 Every peace 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.   (Ga. L. 1951, p. 726, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 138.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 9.
GA Code § 17-13-31 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-31. Duty of District Attorney to Answer and Defend Habeas Corpus Action

 The district attorney shall answer and defend any habeas corpus action brought under this article, which action contests the issuance, execution, or validity of a Governor's warrant of arrest, unless the Governor shall direct the Attorney General to answer and defend the habeas corpus action.   (Ga. L. 1979, p. 412, § 1.)   Cross references.   - Habeas corpus generally, T. 9, C. 14.
GA Code § 17-13-32 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-32. Confinement in Jail of Person Being Extradited to Another State When Necessary

  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 the 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.   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 the 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 the jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, the officer or agent, however, being chargeable with the expense of keeping; provided, however, that the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this state.    (Ga. L. 1951, p. 726, § 12.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 138.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 12.
GA Code § 17-13-33 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-33. Arrest of Person Charged With Crime in Another State Under Warrant Based Upon Oath or Affidavit of Another Person

 Whenever any person within this state shall be charged, on the oath of any credible person before any judge or magistrate of this state, with the commission of any crime in any other state and, except in cases arising under Code Section 17-13-25, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate 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 Code Section 17-13-25, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or with having broken the terms of his bail, probation, or parole, and is believed to be in this state, the judge or magistrate 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, magistrate, 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. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.   (Ga. L. 1951, p. 726, § 13.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 31, 58.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 13.
GA Code § 17-13-34 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-34. Arrest Without Warrant of a Person Charged With a Crime in Another State

 The arrest of a person may be lawfully made by any peace officer or 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 magistrate with all practicable speed and complaint must be made against him under oath, setting forth the ground for the arrest, as provided in Code Section 17-13-33; and thereafter the answer of the accused shall be heard as if he had been arrested on a warrant.   (Ga. L. 1951, p. 726, § 14; Ga. L. 1990, p. 8, § 17.)   OPINIONS OF THE ATTORNEY GENERAL   Arrest not authorized until requisition issued.   - Prior to the issuance of a requisition for extradition, an officer of this state is not authorized to make an arrest under a warrant issued by an inferior court of another state. 1952-53 Op. Att'y Gen. p. 362.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 58.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 14.
GA Code § 17-13-35 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-35. Commitment of Person Accused of Crime in Another State to County Jail Pending Receipt of Demand From Other State Generally

 If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Code Section 17-13-25, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days and which time must be 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 gives bail, as provided in Code Section 17-13-36, or until he shall be legally discharged.   (Ga. L. 1951, p. 726, § 15.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 59, 60.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 15.
GA Code § 17-13-36 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-36. Granting of Bail

 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 magistrate in this state may admit the prisoner to bail by bond, with sufficient sureties, in such sum as he deems proper, conditioned for the prisoner's appearance before the judge or magistrate at a time specified in such bond and for the prisoner's surrender to be arrested upon the warrant of the Governor of this state.   (Ga. L. 1951, p. 726, § 16.)   Cross references.   - Prohibition against excessive bail, U.S. Const., amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XVII.   JUDICIAL DECISIONS   Purpose.    - Purpose of Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 -17-13-37) of the extradition law is to prevent unreasonably lengthy periods of confinement of fugitives pending consummation of extradition proceedings by the demanding state. There is, however, no indication of any legislative intent to restrict the period within which the Governor of another state may issue a rendition warrant to the period within which the court which issues the fugitive warrant may commit the accused or require the accused to give bond. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978).   Section limits confinement pending extradition only.    - Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 -17-13-37) only limit the time during which one arrested as a fugitive may be kept in jail or on bail in lieu thereof, pending the completion of extradition proceedings and the issuance of the Governor's arrest warrant. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978).    Cited in Soviero v. State, 220 Ga. 119, 137 S.E.2d 471 (1964).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 61, 63, 115.   Excessive Bail, 18 POF2d 149.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 16.   ALR.   - Pretrial preventive detention by state court, 75 A.L.R.3d 956.   Right of extraditee to bail after issuance of governor's warrant and pending final disposition of habeas corpus claim, 13 A.L.R.5th 118.   Allowance of bail in international extradition proceedings, 60 A.L.R. Fed. 2d 203.
GA Code § 17-13-37 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-37. Procedure Where Accused Not Arrested Within Time Specified in Warrant

 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 magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender as provided for in Code Section 17-13-36, but within a period not to exceed 60 days after the date of such new bond.   (Ga. L. 1951, p. 726, § 17.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 51, 57 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 17.
GA Code § 17-13-38 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-38. Forfeiture of Bail Bond

 If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may be had on the bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.   (Ga. L. 1951, p. 726, § 18.)   RESEARCH REFERENCES   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 18.
GA Code § 17-13-39 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-39. Surrender of Persons Under Criminal Prosecution or Sentence in This State to Demanding State

 The Governor may, in his discretion, surrender, upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against the person, that the person has already been convicted in this state and is serving a sentence in any jail or penal institution of this state or of any county or municipality thereof, or that the person is serving a suspended or probationary sentence. The Governor may condition the release of the prisoner to the demanding state upon such terms as he may stipulate, including the condition that the prisoner be returned to this state immediately after trial and before commencing the service of sentence, if any, in the demanding state. In no case shall surrender of the prisoner be construed as a complete relinquishment of jurisdiction by this state, but the prisoner shall forthwith be returned to the custody of this state at the expense of the demanding state immediately after trial in the demanding state or the completion of sentence therein, as the case may be, except where the sentence of death has been executed in the demanding state.   (Ga. L. 1951, p. 726, § 19; Ga. L. 1955, p. 587, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 35.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 18.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 19.   ALR.    - Sanity or insanity or pendency of lunacy proceedings as matters for consideration in extradition proceedings, 114 A.L.R. 693.    Surrender of convict to authorities of other jurisdiction as precluding punishment or further punishment under original conviction, 147 A.L.R. 941.
GA Code § 17-13-40 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-40. Conduct of Inquiry as to Guilt or Innocence of Accused

 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 or crime in legal form as provided for in this article 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.   (Ga. L. 1951, p. 726, § 20.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, §§ 95, 121 et seq.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, § 40.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 20.   ALR.    - Right to prove absence from demanding state or alibi on habeas corpus in extradition proceedings, 61 A.L.R. 715.    Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552; 40 A.L.R.2d 1151; 40 A.L.R.2d 1151.
GA Code § 17-13-41 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 13 - Criminal Extradition|Article 2 - Uniform Criminal Extradition Act|§ 17-13-41. Recall of Warrant of Arrest or Issuance of Another Warrant by Governor

 The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.   (Ga. L. 1951, p. 726, § 21.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extradition, § 116.   C.J.S.   - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.   U.L.A.   - Uniform Criminal Extradition Act (U.L.A.) § 21.