reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-723 - Form of demand for extradition.

§ 15A-723. Form of demand for extradition.
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 G.S. 15A-726, 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 that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. (1937, c. 273, s. 3; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-724 - Governor may cause investigation to be made.

§ 15A-724. Governor may cause investigation to be made.
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 him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. (1937, c. 273, s. 4; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-725 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

§ 15A-725. Extradition of persons imprisoned or awaiting trial in another state or who have 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 such other state for the extradition of such person before the conclusion of such proceedings or his 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.
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 G.S. 15A-743 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. (1937, c. 273, s. 5; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-726 - Extradition of persons not present in demanding state at time of commission of crime.

§ 15A-726. 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 G.S. 15A-723 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. (1937, c. 273, s. 6; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-727 - Issue of Governor's warrant of arrest; its recitals.

§ 15A-727. Issue of Governor's warrant of arrest; its 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 State seal, and be 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. (1937, c. 273, s. 7; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-728 - Manner and place of execution of warrant.

§ 15A-728. Manner and place of execution 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 he 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 Article, to the duly authorized agent of the demanding state. (1937, c. 273, s. 8; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-729 - Authority of arresting officer.

§ 15A-729. Authority of arresting 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. (1937, c. 273, s. 9; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-730 - Rights of accused person; application for writ of habeas corpus.

§ 15A-730. Rights of accused person; application for writ of habeas corpus.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this State, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him 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. (1937, c. 273, s. 10; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-731 - Penalty for noncompliance with § 15A-730.

§ 15A-731. Penalty for noncompliance with § 15A-730.
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to G.S. 15A-730, shall be guilty of a Class 2 misdemeanor. (1937, c. 273, s. 11; 1973, c. 1286, s. 16; 1993, c. 539, s. 302; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-732 - Confinement in jail when necessary.

§ 15A-732. Confinement in jail when necessary.
The officer or person 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 such 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 such 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 such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his 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 he 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. (1937, c. 273, s. 12; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-733 - Arrest prior to requisition.

§ 15A-733. Arrest prior to requisition.
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 G.S. 15A-726, 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 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 G.S. 15A-726, 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 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, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. (1937, c. 273, s. 13; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-734 - Arrest without a warrant.

§ 15A-734. Arrest without a 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 him under oath setting forth the ground for the arrest as in G.S. 15A-733; and thereafter his answer shall be heard as if he had been arrested on a warrant. (1937, c. 273, s. 14; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-735 - Commitment to await requisition; bail.

§ 15A-735. Commitment to await requisition; bail.
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 G.S. 15A-726, 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 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 G.S. 15A-736, or until he shall be legally discharged. (1937, c. 273, s. 15; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-736 - Bail in certain cases; conditions of bond.

§ 15A-736. Bail in certain cases; conditions of bond.
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 he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this State. (1937, c. 273, s. 16; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › §§ 15A-736.1: Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s. 4, effective August 30, 2007.

§ 15A-736.1: Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s. 4, effective August 30, 2007.
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-737 - Extension of time of commitment; adjournment.

§ 15A-737. Extension of time of commitment; adjournment.
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 in G.S. 15A-736, but within a period not to exceed 60 days after the date of such new bond. (1937, c. 273, s. 17; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-738 - Forfeiture of bail.

§ 15A-738. Forfeiture of bail.
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 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. (1937, c. 273, s. 18; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-739 - Persons under criminal prosecution in this State at time of requisition.

§ 15A-739. Persons under criminal prosecution in this State at time of requisition.
If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this State. (1937, c. 273, s. 19; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-740 - Guilt or innocence of accused, when inquired into.

§ 15A-740. Guilt or innocence of accused, when inquired into.
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 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. (1937, c. 273, s. 20; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-741 - Governor may recall warrant or issue alias.

§ 15A-741. Governor may recall warrant or issue alias.
The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. (1937, c. 273, s. 21; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-742 - Fugitives from this State; duty of governors.

§ 15A-742. Fugitives from this State; duty of governors.
Whenever the Governor of this State shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this State 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 shall issue a warrant under the seal of this State, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this State in which the offense was committed. (1937, c. 273, s. 22; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-743 - Application for issuance of requisition; by whom made; contents.

§ 15A-743. Application for issuance of requisition; by whom made; contents.
(a) 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 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 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.
(b) 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 his bail, probation, post-release supervision, or parole, the prosecuting attorney of the county in which the offense was committed, the Post-Release Supervision and Parole Commission, the Director of Prisons, the Director of Community Corrections, 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 was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
(c) 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 he shall deem proper to be submitted with such application. A copy of all papers shall be forwarded with the Governor's requisition. (1937, c. 273, s. 23; 1973, c. 1286, s. 16; 1975, c. 132; 1993, c. 83, s. 1; 2016-77, s. 6.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-745 - Immunity from service of process in certain civil actions.

§ 15A-745. Immunity from service of process in certain civil actions.
A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned until he has been convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited. (1937, c. 273, s. 25; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-746 - Written waiver of extradition proceedings.

§ 15A-746. Written waiver of extradition proceedings.
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 his bail, probation or parole may waive the issuance and service of the warrant provided for in G.S. 15A-727 and 15A-728 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 or a clerk of the superior court a writing which states that he 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 or clerk of superior court to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in G.S. 15A-730.
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 or clerk of superior court 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. (1937, c. 273, s. 25a; 1959, c. 271; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-747 - Nonwaiver by this State.

§ 15A-747. Nonwaiver by this State.
Nothing in this Article 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 Article 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. (1937, c. 273, s. 25b; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-748 - No right of asylum; no immunity from other criminal prosecution while in this State.

§ 15A-748. No right of asylum; no immunity from other criminal prosecution while in this State.
After a person has been brought back to this State by, or after waiver of, extradition proceedings, he may be tried in this State for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. (1937, c. 273, s. 26; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-749 - Interpretation.

§ 15A-749. Interpretation.
The provisions of this Article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. (1937, c. 273, s. 27; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-750 - Short title.

§ 15A-750. Short title.
This Article may be cited as the Uniform Criminal Extradition Act. (1937, c. 273, s. 30; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-762 - Meaning of "appropriate court."

§ 15A-762. Meaning of "appropriate court."
The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this State, mean court of record with criminal jurisdiction. (1965, c. 295, s. 2; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-763 - Cooperation in enforcement.

§ 15A-763. Cooperation in enforcement.
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. (1965, c. 295, s. 3; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-764 - Escape from temporary custody.

§ 15A-764. Escape from temporary custody.
Any prisoner released to temporary custody under the provisions of the Agreement on Detainers from a place of imprisonment in North Carolina who shall escape or attempt to escape from such temporary custody, whether within or without the borders of this State, shall be dealt with in the same manner as if the escape or attempt to escape were from the original place of imprisonment. (1965, c. 295, s. 4; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-765 - Authority and duty of official in charge of institution.

§ 15A-765. Authority and duty of official in charge of institution.
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. (1965, c. 295, s. 5; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-766 - Designation of central administrator of and information agent for agreement.

§ 15A-766. Designation of central administrator of and information agent for agreement.
The Governor is hereby authorized and empowered to designate the officer who shall serve as central administrator of and information agent for the Agreement on Detainers, pursuant to the provisions of Article VII of the agreement. (1965, c. 295, s. 6; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 38 - Interstate Agreement on Detainers. › § 15A-767 - Distribution of copies of Article.

§ 15A-767. Distribution of copies of Article.
Copies of this Article 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. (1965, c. 295, s. 7; 1973, c. 1286, s. 22.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 39 - Other Special Process for Attendance of Defendants. › § 15A-771 - Securing attendance of defendants confined in federal prisons.

§ 15A-771. Securing attendance of defendants confined in federal prisons.
(a) A defendant against whom a criminal action is pending in this State, and who is confined in a federal prison or custody either within or outside the State, may, with the consent of the Attorney General of the United States, be produced in such court for the purpose of criminal prosecution, pursuant to the provisions of:
(1) Section 4085 of Title 18 of the United States Code; or
(2) Subsection (b) of this section.
(b) When such a defendant is in federal custody as specified in subsection (a), a superior court may, upon application of the prosecutor, issue a certificate, addressed to the Attorney General of the United States, certifying the charges and the court in which they are pending, and that attendance of the defendant in such court for the purpose of criminal prosecution thereon is necessary in the interest of justice, and requesting the Attorney General of the United States to cause such defendant to be produced in such court, under custody of a federal public servant, upon a designated date and for a period of time necessary to complete the prosecution. Upon issuing such a certificate, the court may deliver it, or cause or authorize it to be delivered, together with a certified copy of the charges upon which it is based, to the Attorney General of the United States or to his representative authorized to entertain the request. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 39 - Other Special Process for Attendance of Defendants. › § 15A-772 - Securing attendance of defendants who are outside the United States.

§ 15A-772. Securing attendance of defendants who are outside the United States.
(a) When a criminal action for an offense committed in this State is pending in a criminal court of this State against a defendant who is in a foreign country with which the United States has an extradition treaty, and when the offense charged is one which is declared in such treaty to be an extraditable one, the prosecutor may make an application to the Governor, requesting him to make an application to the President of the United States to institute extradition proceedings for the return of the defendant to this country and State for the purpose of prosecution of such action. The prosecutor's application must comply with rules, regulations, and guidelines established by the Governor for such applications and must be accompanied by all the charges, affidavits, and other documents required thereby.
(b) Upon receipt of the prosecutor's application, the Governor, if satisfied that the defendant is in the foreign country in question, that the offense charged is an extraditable one pursuant to the treaty in question, and that there are no factors or impediments which in law preclude such an extradition, may in his discretion make an application, addressed to the Secretary of State of the United States, requesting that the President of the United States institute extradition proceedings for the return of the defendant from such foreign country. The Governor's application must comply with applicable treaties and acts of Congress and with rules, regulations, and guidelines established by the Secretary of State for such applications and must be accompanied by all the charges, affidavits, and other documents required thereby.
(c) The provisions of this section apply equally to extradition or attempted extradition of a person who is a fugitive following the entry of a judgment of conviction against him in a criminal court of this State. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 39 - Other Special Process for Attendance of Defendants. › § 15A-773 - Securing attendance of organizations; appearance.

§ 15A-773. Securing attendance of organizations; appearance.
(a) The court attendance of an organization for purposes of commencing or prosecuting a criminal action against it may be accomplished by:
(1) Issuance and service of a criminal summons; or
(2) Issuance of an information and waiver of indictment by an authorized officer or agent of the organization and by counsel for the organization, as provided in G.S. 15A-642(c); or
(3) Service of the notice of the indictment, as provided in G.S. 15A-630.
The criminal summons or notice of indictment must be directed to the organization, and must be served by delivery to an officer, director, managing or general agent, cashier or assistant cashier of the organization, or to any other agent of the organization authorized by appointment or by law to receive service of process.
(b) At all stages of a criminal action, an organization may appear by counsel or agent having authority to transact the business of the organization.
(c) For purposes of this section, "organization" means corporation, unincorporated association, partnership, body politic, consortium, or other group, entity, or organization. (1973, c. 1286, s. 1; 1977, c. 557.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 42 - Attendance of Witnesses Generally. › § 15A-801 - Subpoena for witness.

§ 15A-801. Subpoena for witness.
The presence of a person as a witness in a criminal proceeding may be obtained by subpoena, which must be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure, G.S. 1A-1, except that subdivision (2) of subsection (b) of the rule does not apply to subpoenas issued under this section. (1973, c. 1286, s. 1; 1975, c. 166, s. 15; 2003-276, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 42 - Attendance of Witnesses Generally. › § 15A-802 - Subpoena for the production of documentary evidence.

§ 15A-802. Subpoena for the production of documentary evidence.
The production of records, books, papers, documents, or tangible things in a criminal proceeding may be obtained by subpoena which must be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure, G.S. 1A-1, except that subdivision (2) of subsection (b) of the rule does not apply to subpoenas issued under this section. (1973, c. 1286, s. 1; 1975, c. 166, s. 15; 2003-276, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 42 - Attendance of Witnesses Generally. › § 15A-803 - Attendance of witnesses.

§ 15A-803. Attendance of witnesses.
(a) Material Witness Order Authorized. – A judge may issue an order assuring the attendance of a material witness at a criminal proceeding. This material witness order may be issued when there are reasonable grounds to believe that the person whom the State or a defendant desires to call as a witness in a pending criminal proceeding possesses information material to the determination of the proceeding and may not be amenable or responsive to a subpoena at a time when his attendance will be sought.
(b) When Order Issued. – A material witness order may be issued by a judge of superior court at any time after the initiation of criminal proceedings. A judge of district court may issue a material witness order only at the time that a defendant is bound over to superior court at a probable-cause hearing.
(c) How Long Effective. – A material witness order remains in effect during the period indicated in the order by the issuing judge unless it is sooner modified or vacated by a judge of superior court. In no event may a material witness order which provides for incarceration of the material witness be issued for a period longer than 20 days, but upon review a superior court judge in his discretion may renew an order one or more times for periods not to exceed five days each.
(d) Procedure. – A material witness order may be obtained upon motion supported by affidavit showing cause for its issuance. The witness must be given reasonable notice, opportunity to be heard and present evidence, and the right of representation by counsel at a hearing on the motion. Counsel for a material witness may be appointed and compensated in the same manner as counsel for an indigent defendant. Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services. The order must be based on findings of fact supporting its issuance.
(e) Order. – If the court makes a material witness order:
(1) It may direct release of the witness in the same manner that a defendant may be released under G.S. 15A-534.
(2) It may direct the detention of the witness.
(f) Modification or Vacation. – A material witness order may be modified or vacated by a judge of superior court upon a showing of new or changed facts or circumstances by the witness, the State, or any defendant.
(g) Securing Attendance or Custody of Material Witness. – The witness may be required to attend the hearing by subpoena, or if the court considers it necessary, by order for arrest. An order for arrest also may be issued if it becomes necessary to take the witness into custody after issuance of a material witness order. (1973, c. 1286, s. 1; 2000-144, s. 29.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 42 - Attendance of Witnesses Generally. › § 15A-804 - Voluntary protective custody.

§ 15A-804. Voluntary protective custody.
(a) Upon request of a witness, a judge of superior court may determine whether he is a material witness, and may order his protective custody. The order may provide for confinement, custody in other than a penal institution, release to the custody of a law-enforcement officer or other person, or other provisions appropriate to the circumstances.
(b) A person having custody of the witness may not release him without his consent unless directed to do so by a superior court judge, or unless the order so provides.
(c) The issuance of either a material witness order or an order for voluntary protective custody does not preclude the issuance of the other order.
(d) An order for voluntary protective custody may be modified or vacated as appropriate by a superior court judge upon the request of the witness or upon the court's own motion. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 42 - Attendance of Witnesses Generally. › § 15A-805 - Securing attendance of witnesses confined in institutions within the State.

§ 15A-805. Securing attendance of witnesses confined in institutions within the State.
(a) Upon motion of the State or any defendant, the judge of a court in which a criminal proceeding is pending must, for good cause shown, enter an order requiring that any person confined in an institution in this State be produced and compelled to attend as a witness in the action or proceeding.
(b) If the witness is confined pursuant to another pending criminal proceeding, and the judge determines that the production of the witness would result in an unreasonable interference with the conduct of the prior proceeding, he may deny the order. If an order for production is issued, a judge or justice of the appellate division of the General Court of Justice may, upon application of a defendant or prosecutor in the other district for good cause shown, vacate the order for production.
(c) The costs of production of the witness are assessed as are other witness fees. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings. › § 15A-811 - Definitions.

§ 15A-811. Definitions.
The word "state" shall include any territory of the United States and District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
"Witness" as used in this Article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. (1937, c. 217, s. 1; 1973, c. 1286, s. 9.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings. › § 15A-813 - Witness from another state summoned to testify in this State.

§ 15A-813. Witness from another state summoned to testify in this State.
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court, stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this State he shall be compensated at the rate allowed to State officers and employees by subdivisions (1) and (2) of G.S. 138-6(a) for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars ($5.00) for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If such a witness is required to appear more than one day, he is also entitled to reimbursement for actual expenses incurred for lodging and meals, not to exceed the maximum currently authorized for State employees when traveling in the State. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. (1937, c. 217, s. 3; 1973, c. 1286, s. 9; 1998-212, s. 16.25(b).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings. › § 15A-814 - Exemption from arrest and service of process.

§ 15A-814. Exemption from arrest and service of process.
If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state, or while returning therefrom, he 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 his entrance into this State under the summons. (1937, c. 217, s. 4; 1973, c. 1286, s. 9.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings. › § 15A-815 - Uniformity of interpretation.

§ 15A-815. Uniformity of interpretation.
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. (1937, c. 217, s. 5; 1973, c. 1286, s. 9.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings. › § 15A-816 - Title of Article.

§ 15A-816. Title of Article.
This Article may be cited as "Uniform Act to Secure the Attendance of Witnesses from without a State in Criminal Proceedings." (1937, c. 217, s. 6; 1973, c. 1286, s. 9.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 44 - Securing Attendance of Prisoners as Witnesses. › § 15A-821 - Securing attendance of prisoner in this State as witness in proceeding outside the State.

§ 15A-821. Securing attendance of prisoner in this State as witness in proceeding outside the State.
(a) If a judge of a court of general jurisdiction in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this State, certifies under the seal of that court that there is a criminal prosecution pending in the court or that a grand jury investigation has commenced, and that a person confined in an institution under the control of the Division of Prisons of the Department of Adult Correction of North Carolina, other than a person confined as criminally insane, is a material witness in the prosecution or investigation and that his presence is required for a specified number of days, upon presentment of the certificate to a superior court judge in the superior court district or set of districts as defined in G.S. 7A-41.1 where the person is confined, upon notice to the Attorney General, the judge must fix a time and place for a hearing and order the person having custody of the prisoner to produce him at the hearing.
(b) If at the hearing the judge determines that the prisoner is a material and necessary witness in the requesting state, the judge must order that the prisoner attend in the court where the prosecution or investigation is pending, upon such terms and conditions as the judge prescribes, including among other things, provision for the return of the prisoner at the conclusion of his testimony, proper safeguard for his custody, and proper financial reimbursement or other payment, including payment in advance, by the demanding jurisdiction for all expenses incurred in the production and return of the prisoner.
(c) The Attorney General may, as agent for the State of North Carolina, enter into such agreements with the demanding jurisdiction as necessary to ensure proper compliance with the order of the court. (1973, c. 1286, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 62; 2011-145, s. 19.1(h); 2012-83, s. 27; 2017-186, s. 2(bbb); 2021-180, s. 19C.9(p).)