reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 816 - DOUBLE JEOPARDY › Section 816.3 - Exceptions — limitation.

816.3 Exceptions — limitation.
A prosecution is not barred:
1. By a former prosecution before a court which lacked jurisdiction over the defendant or the offense.
2. By a former prosecution procured by the defendant without the knowledge of a prosecuting officer authorized to commence a prosecution for the maximum offense which might have been charged on the facts known to the defendant, and with the purpose of avoiding the sentence which otherwise might be imposed.
3. If subsequent proceedings resulted in the invalidation, setting aside, reversal or vacating of the conviction, unless the defendant was adjudged not guilty; but in no case where a conviction for a lesser included crime has been invalidated, set aside, reversed or vacated shall the defendant be subsequently prosecuted for a higher degree of the crime for which the defendant was originally convicted.
[C79, 81, §816.3]
86 Acts, ch 1237, §45
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 816 - DOUBLE JEOPARDY › Section 816.4 - Trial of former jeopardy issue.

816.4 Trial of former jeopardy issue.
When the defendant’s only plea to the indictment is a former conviction or acquittal, the order of trial prescribed in
rule of criminal procedure 2.19
shall be reversed, and the defendant shall first offer evidence in support of the defense.
[R60, §4787; C73, §4422; C97, §5374; C24, 27, 31, 35, 39, §13855; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §780.14; C79, 81, §816.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 817 - LAW ENFORCEMENT, GOVERNOR, AND ATTORNEY GENERAL — SPECIAL POWERS › Section 817.1 - Photographs — measurements — Bertillon system.

817.1 Photographs — measurements — Bertillon system.
It shall be lawful for the sheriff of any county or the chief of police in any city in this state, to take or procure the taking of the photograph of any person held to answer on a charge of any felony, such person being in the custody of such officer, or to make and record any measurements of such prisoner, by the Bertillon or other system, and to exchange such photographs, or measurements, or copies of the same, with other sheriffs and police officers, or to distribute the same by mail for the purpose of securing evidence for the identification of such person held to answer, if the identity and past record of the said person are unknown to the sheriff or chief of police; and the cost of such photographs and measurements, and of distributing the same, may be allowed by the court as a part of the costs in the case.
[S13, §5499-a; C24, 27, 31, 35, 39, §13904; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §782.8; C79, 81, §817.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 817 - LAW ENFORCEMENT, GOVERNOR, AND ATTORNEY GENERAL — SPECIAL POWERS › Section 817.2 - Power of governor and attorney general.

817.2 Power of governor and attorney general.
The governor and attorney general shall each have the power to call to their aid in the enforcement of the law any peace officer; and when such officers are so called upon it shall be their duty faithfully to render such assistance as may be required, in any part of the state, and such peace officers while so acting shall have the same powers throughout the state as possessed by the sheriff of the county in which such peace officer is acting.
[C24, 27, 31, 35, 39, §13411; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §748.6; C79, 81, §817.2]
Referred to in §331.653
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 817 - LAW ENFORCEMENT, GOVERNOR, AND ATTORNEY GENERAL — SPECIAL POWERS › Section 817.3 - Certified law enforcement officers — oaths, signatures, and testimony.

817.3 Certified law enforcement officers — oaths, signatures, and testimony.
A law enforcement officer, as defined in section 80B.3, who is certified by the Iowa law enforcement academy, may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to the officer’s duties as provided by law.
2010 Acts, ch 1057, §3
Referred to in §9B.17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 819 - UNIFORM ACT TO SECURE WITNESSES FROM WITHOUT THE STATE › Section 819.1 - Witnesses required to testify in another state.

819.1 Witnesses required to testify in another state.
A person residing or physically present within this state may be required to attend as a witness in a criminal action pending or grand jury investigation commenced in another state if compliance with the following criteria is accomplished:
1. The laws of such other state require or command persons residing or physically present within that state to attend and testify in this state.
2. A judge of a court of record in the other state certifies under the seal of such court that there is a criminal action pending in such court or that a grand jury investigation has commenced; that a person residing or physically present within this state is a material witness in such action or grand jury investigation; and that the person’s presence will be required for a number of days which shall be specified in such certification.
3. The certification described in subsection 2 of this section shall have been presented to any judge of the district court of the county in which the prospective witness is found.
4. The judge described in subsection 3 of this section shall make an order directing the witness to appear at a specific time and place for the hearing. If at the hearing the judge determines that the witness is material and necessary, either for the prosecution or defense in a criminal action, or for a grand jury investigation, and that it will not cause undue hardship to the witness to be compelled to attend and testify in such proceedings and that the provisions of subsections 2 and 3 of this section are complied with, the judge shall make an order, with a copy of the certificate attached, directing the witness to attend and testify in the court where the action is pending or the place where such grand jury has commenced at the time and place specified in the certificate.
[S13, §5499-b; C24, 27, 31, 35, 39, §13893; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §781.14; C79, 81, §819.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 819 - UNIFORM ACT TO SECURE WITNESSES FROM WITHOUT THE STATE › Section 819.2 - Witnesses from another state required to testify in this state.

819.2 Witnesses from another state required to testify in this state.
If a person, in any state whose law makes provision for commanding persons within that state to attend and testify in criminal actions pending or grand jury investigations commenced in this state, is a material witness in a district court action pending or a grand jury investigation commenced in this state, a judge of such court shall, in order to obtain the presence of such witness, issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required.
[S13, §5499-d; C24, 27, 31, 35, 39, §13895; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §781.16; C79, 81, §819.2]
Referred to in §819.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 819 - UNIFORM ACT TO SECURE WITNESSES FROM WITHOUT THE STATE › Section 819.3 - Fees and enforcement of order.

819.3 Fees and enforcement of order.
1. A witness named in an order described in section 819.2 is entitled to ten cents per mile for each mile traveled by the most direct route to and from the proceedings the witness is required to attend, and is also entitled to ten dollars per day for each day spent in such travel or in attending the proceedings as a witness.
2. If such witness fails without good cause to attend and testify as directed by such order the witness shall forfeit the right to receive mileage and per diem, and shall be guilty of contempt of court for which the witness may be punished accordingly.
[S13, §5499-e; C24, 27, 31, 35, 39, §13896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §781.17; C79, 81, §819.3]
83 Acts, ch 123, §203, 209; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 819 - UNIFORM ACT TO SECURE WITNESSES FROM WITHOUT THE STATE › Section 819.4 - Exemptions — arrest — service of process.

819.4 Exemptions — arrest — service of process.
1. If a person comes into this state in obedience to an order directing the person to attend and testify in this state, the person shall not while in this state pursuant to such order be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person’s entrance into this state under the order.
2. If a person passes through this state while going to another state in obedience to an order to attend and testify in that state or while returning therefrom, the person shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person’s entrance into this state pursuant to the order to testify.
[S13, §5499-e; C24, 27, 31, 35, 39, §13896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §781.17; C79, 81, §819.4]
2021 Acts, ch 76, §150
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.1 - Definitions.

820.1 Definitions.
Where appearing in this chapter, the term “governor” includes any person performing the functions of governor by authority of the law of this state. The term “executive authority” includes the governor, and any person performing the functions of governor in a state other than this state, and 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.1; C79, 81, §820.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.2 - Arrest of fugitives.

820.2 Arrest of fugitives.
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.
[C51, §3283; R60, §4522; C73, §4175; C97, §5172; C24, 27, 31, 35, 39, §13502; C46, §759.6; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.2; C79, 81, §820.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.3 - Demand in writing.

820.3 Demand in writing.
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 820.6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused 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 the person’s 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 that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
[R60, §4521; C73, §4174; C97, §5171; C24, 27, 31, 35, 39, §13501; C46, §759.5; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.3; C79, 81, §820.3]
Referred to in §820.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.4 - Investigation by attorney general.

820.4 Investigation by attorney general.
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 the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.4; C79, 81, §820.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.5 - Persons imprisoned in another state.

820.5 Persons imprisoned in another state.
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 the person 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 the person’s 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 820.23 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.5; C79, 81, §820.5]
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.6 - Criminal acts committed in third state.

820.6 Criminal acts committed in third state.
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 820.3 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.6; C79, 81, §820.6]
Referred to in §820.3, 820.13, 820.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.7 - Warrant for arrest.

820.7 Warrant for arrest.
If the governor decides that the demand should be complied with, the governor 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 the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
[C51, §3283; R60, §4522; C73, §4175; C97, §5172; C24, 27, 31, 35, 39, §13502; C46, §759.6; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.7; C79, 81, §820.7]
Referred to in §820.25
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.8 - Authority of warrant.

820.8 Authority of warrant.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused 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.
[C51, §3283, 3289; R60, §4522, 4528; C73, §4175, 4181; C97, §5172, 5178; C24, 27, 31, 35, 39, §13502, 13508; C46, §759.6, 759.12; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.8; C79, 81, §820.8]
Referred to in §820.25
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.9 - Authority of peace officer.

820.9 Authority of peace officer.
Every such 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.9; C79, 81, §820.9]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.10 - Testing legality of arrest.

820.10 Testing legality of arrest.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or the prisoner’s counsel shall state that the prisoner or they desire to test the legality of the prisoner’s arrest, the judge of such court of record shall fix a reasonable time to be allowed the prisoner 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.10; C79, 81, §820.10]
Referred to in §820.11, 820.25
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.11 - Penalty for willful disobedience.

820.11 Penalty for willful disobedience.
Any officer who shall deliver to the agent for extradition of the demanding state a person in the officer’s custody under the governor’s warrant, in willful disobedience to section 820.10, shall be guilty of a simple misdemeanor.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.11; C79, 81, §820.11]
2009 Acts, ch 133, §187
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.12 - Confinement in jail.

820.12 Confinement in jail.
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 the officer or person may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed on the officer’s or person’s 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 the officer or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the officer’s or agent’s 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 the officer or agent 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.
[C24, 27, 31, 35, 39, §13512; C46, §759.16; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.12; C79, 81, §820.12]
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.13 - Arrest on affidavit.

820.13 Arrest on affidavit.
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 under section 820.6, 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 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 section 820.6, 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 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 the officer to apprehend the person named therein, wherever the person may be found in this state, and to bring the person 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, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
[C51, §3284; R60, §4523; C73, §4176; C97, §5173; C24, 27, 31, 35, 39, §13503; C46, §759.7; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.13; C79, 81, §820.13]
Referred to in §820.14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.14 - Arrest without warrant.

820.14 Arrest without warrant.
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 magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in section 820.13; and thereafter the accused’s answer shall be heard as if the accused had been arrested on a warrant.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.14; C79, 81, §820.14]
2008 Acts, ch 1032, §90
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.15 - Holding to await requisition.

820.15 Holding to await requisition.
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 section 820.6, that the person has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit the person 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 820.16, or until the accused shall be legally discharged.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.15; C79, 81, §820.15]
2008 Acts, ch 1032, §91
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.16 - Bail — exceptions.

820.16 Bail — exceptions.
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 person arrested to bail by bond, with sufficient sureties, and in such sum as the judge or magistrate 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.
[C51, §3285, 3286; R60, §4524, 4525; C73, §4177, 4178; C97, §5174, 5175; C24, 27, 31, 35, 39, §13504, 13505; C46, §759.8, 759.9; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.16; C79, 81, §820.16]
Referred to in §820.15, 820.17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.17 - Discharge or recommitment.

820.17 Discharge or recommitment.
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 or recommit the accused for a further period not to exceed sixty days, or a judge or magistrate may again take bail for the accused’s appearance and surrender, as provided in section 820.16, but within a period not to exceed sixty days after the date of such new bond.
[C51, §3288; R60, §4527; C73, §4180; C97, §5177; C24, 27, 31, 35, 39, §13507; C46, §759.11; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.17; C79, 81, §820.17]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.18 - Forfeiture of bond.

820.18 Forfeiture of bond.
If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the prisoner’s bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order the prisoner’s immediate arrest without warrant if the prisoner be within this 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.
[C51, §3287; R60, §4526; C73, §4179; C97, §5176; C24, 27, 31, 35, 39, §13506; C46, §759.10; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.18; C79, 81, §820.18]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.19 - Criminal prosecution pending.

820.19 Criminal prosecution pending.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in the governor’s discretion, either may surrender the person on demand of the executive authority of another state or hold the person until the person has been tried and discharged or convicted and punished in this state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.19; C79, 81, §820.19]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.20 - Guilt or innocence of person held.

820.20 Guilt or innocence of person held.
The guilt or innocence of the accused as to the crime of which the accused 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 above provided 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.20; C79, 81, §820.20]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.21 - Warrant recalled.

820.21 Warrant recalled.
The governor may recall the governor’s warrant of arrest or may issue another warrant whenever the governor deems proper.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.21; C79, 81, §820.21]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.22 - Receiving person extradited.

820.22 Receiving person extradited.
Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of the person’s bail, probation, or parole in this state, from the executive authority of any other state, or from the chief judge or an associate judge of the superior court of the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
[C51, §3282; R60, §4518; C73, §4171; C97, §5169; C24, 27, 31, 35, 39, §13497; C46, §759.1; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.22; C79, 81, §820.22]
2016 Acts, ch 1073, §181
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.23 - Application for extradition.

820.23 Application for extradition.
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 the prosecuting attorney’s 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 the person, the approximate time, place and circumstances of its commission, the state in which the person 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 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 the person’s 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 the person was convicted, the circumstances of the person’s escape from confinement or of the breach of the terms of the person’s bail, probation, or parole, and the state in which the person 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 magistrate, 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 the prosecuting officer, parole board, warden, or sheriff 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 governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor’s requisition.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.23; C79, 81, §820.23]
2017 Acts, ch 54, §71; 2019 Acts, ch 24, §94
Referred to in §820.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.24 - Expenses — how paid.

820.24 Expenses — how paid.
When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid by the department of corrections; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and all necessary and actual traveling expenses incurred in returning the prisoner.
[C51, §3282; R60, §4518; C73, §4171, 4184; C97, §5169, 5181; C24, 27, 31, 35, 39, §13498, 13499, 13511; C46, §759.2, 759.3, 759.15; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.24; C79, 81, §820.24]
2003 Acts, ch 145, §286; 2016 Acts, ch 1138, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.25 - Waiver by person arrested.

820.25 Waiver by person arrested.
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 bail, probation or parole may waive the issuance and service of the warrant provided for in sections 820.7 and 820.8 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 the person 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 the person’s rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 820.10.
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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.25; C79, 81, §820.25]
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.26 - State’s rights not deemed waived.

820.26 State’s rights not deemed waived.
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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.26; C79, 81, §820.26]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.27 - Trial for other crimes.

820.27 Trial for other crimes.
After a person has been brought back to this state by, or after waiver of extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for the person’s extradition.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.27; C79, 81, §820.27]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.28 - Construction of chapter.

820.28 Construction of chapter.
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.28; C79, 81, §820.28]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT › Section 820.29 - Title.

820.29 Title.
This chapter may be cited as the “Uniform Criminal Extradition Act”.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.29; C79, 81, §820.29]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.2 - Court defined.

821.2 Court defined.
The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this state, mean any court with criminal jurisdiction in the matter involved.
[C66, 71, 73, 75, 77, §759A.2; C79, 81, §821.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.3 - Cooperation.

821.3 Cooperation.
All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
[C66, 71, 73, 75, 77, §759A.3; C79, 81, §821.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.4 - Habitual criminals.

821.4 Habitual criminals.
Nothing in this chapter or in the agreement on detainers shall be construed to require the application of section 902.8 to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of this agreement.
[C66, 71, 73, 75, 77, §759A.4; C79, 81, §821.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.5 - Escape in another state.

821.5 Escape in another state.
Escape from custody while in another state, pursuant to this agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the agreement on detainers and shall be punishable in the same manner as an escape from said institution.
[C66, 71, 73, 75, 77, §759A.5; C79, 81, §821.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.6 - Transfer of custody.

821.6 Transfer of custody.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
[C66, 71, 73, 75, 77, §759A.6; C79, 81, §821.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.7 - Detainer administrator.

821.7 Detainer administrator.
Pursuant to the agreement on detainers, the governor is hereby authorized to designate an officer or alternate who shall be the central administrator of and information agent for the agreement on detainers and who, acting jointly with like officers of other party states, shall have power to formulate rules and regulations to carry out more effectively the terms of the agreement, and shall serve subject to the pleasure of the governor.
[C66, 71, 73, 75, 77, §759A.7; C79, 81, §821.7]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 821 - AGREEMENT ON DETAINERS COMPACT › Section 821.8 - Copies of law transmitted.

821.8 Copies of law transmitted.
Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general, and the administrator of general services of the United States, and the council of state governments.
[C66, 71, 73, 75, 77, §759A.8; C79, 81, §821.8]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.1 - Statutes not applicable to convicted persons.

822.1 Statutes not applicable to convicted persons.
The provisions of sections 663.1 through 663.44, inclusive, shall not apply to persons convicted of, or sentenced for, a public offense.
[C71, 73, 75, 77, 79, 81, §663A.1]
C93, §822.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.2 - Situations where law applicable.

822.2 Situations where law applicable.
1. Any person who has been convicted of, or sentenced for, a public offense and who claims any of the following may institute, without paying a filing fee, a proceeding under this chapter to secure relief:
a. The conviction or sentence was in violation of the Constitution of the United States or the Constitution or laws of this state.
b. The court was without jurisdiction to impose sentence.
c. The sentence exceeds the maximum authorized by law.
d. There exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice.
e. The person’s sentence has expired, or probation, parole, or conditional release has been unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint.
f. The person’s reduction of sentence pursuant to sections 903A.1 through 903A.7 has been unlawfully forfeited and the person has exhausted the appeal procedure of section 903A.3, subsection 2.
g. The conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error formerly available under any common law, statutory or other writ, motion, petition, proceeding, or remedy, except alleged error relating to restitution, court costs, or fees under section 904.702 or chapter 815 or 910.
h. The results of DNA profiling ordered pursuant to an application filed under section 81.10 would have changed the outcome of the trial or voided the factual basis of a guilty plea had the profiling been conducted prior to the conviction.
2. This remedy is not a substitute for nor does it affect any remedy, incident to the proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise provided in this chapter, it comprehends and takes the place of all other common law, statutory, or other remedies formerly available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.
[C71, 73, 75, 77, 79, 81, §663A.2; 81 Acts, ch 198, §1, 2]
83 Acts, ch 147, §10, 14; 86 Acts, ch 1075, §3
C93, §822.2
2006 Acts, ch 1010, §162; 2019 Acts, ch 149, §7
Referred to in §822.3, 822.3A, 822.5, 822.7, 822.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.3 - How to commence proceeding — limitation.

822.3 How to commence proceeding — limitation.
A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be filed with the clerk of the district court of the county in which the applicant is being confined within ninety days from the date the disciplinary decision is final. All other applications must be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of procedendo is issued. However, this limitation does not apply to a ground of fact or law that could not have been raised within the applicable time period. For purposes of this section, a ground of fact includes the results of DNA profiling ordered pursuant to an application filed under section 81.10. An allegation of ineffective assistance of counsel in a prior case under this chapter shall not toll or extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The supreme court may prescribe the form of the application and verification. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the county attorney and the attorney general.
[C71, 73, 75, 77, 79, 81, §663A.3]
84 Acts, ch 1193, §1; 89 Acts, ch 96, §1
C93, §822.3
2006 Acts, ch 1010, §163; 2019 Acts, ch 140, §34; 2019 Acts, ch 149, §8
Referred to in §602.8102(115), 822.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.3A - Pro se filings by applicants currently represented by counsel.

822.3A Pro se filings by applicants currently represented by counsel.
1. Except as otherwise provided in subsection 3, an applicant seeking relief under section 822.2 who is currently represented by counsel shall not file any pro se document, including an application, brief, reply brief, or motion, in any Iowa court. The court shall not consider, and opposing counsel shall not respond to, such pro se filings.
2. This section does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel.
3. A represented applicant for postconviction relief may file the following pro se documents:
a. A pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause.
b. A pro se notice of appeal.
2019 Acts, ch 140, §35; 2022 Acts, ch 1110, §2
See also §814.6A
Subsections 1 and 3 amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.4 - Facts to be presented.

822.4 Facts to be presented.
The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment of conviction or sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in section 822.3. Affidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from the conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.
[C71, 73, 75, 77, 79, 81, §663A.4]
C93, §822.4