Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-19-120 (2026)

Persons under prosecution when demanded

✓ current as of July 2026
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If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor, in his discretion, subject to such criminal prosecution, 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. Source: L. 53: p. 319, § 19. CSA: C. 72, § 64. CRS 53: § 60-1-19. C.R.S. 1963: § 60-1- 19.

Notes of Decisions
Cited in 4 cases, 1975–1992 · leading case: People v. Wimer, 604 P.2d 1183 (Colo. Ct. App. 1979).
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People v. Wimer, 604 P.2d 1183 (Colo. Ct. App. 1979). · cites it 3× “Donald Wimer’s absence from Colorado originated with the issuance of the governor’s extradition warrant, not with Donald’s actions. The discretion rests with the governor of this state whether to hold or surrender a person against whom a criminal prosecution is here pending.”
Buffalo v. Tanksley, 536 P.2d 827 (Colo. 1975). · cites it 3× “6 Now section 16-19-120, C.R.S. 1973. 7 Now section 16-19-103, C.”
Jacobson v. Sullivan, 703 P.2d 1293 (Colo. 1985). · cites it 8× “2 On May 13, 1983, the Governor issued an executive order which stated that pursuant to sections 16-19-120 and 16-19-122 of the Colorado Revised Statutes, the warrant for the arrest of petitioner would be “temporarily withdrawn and held in abeyance so that local charges may be…”
In re Lane, 845 P.2d 708 (Kan. Ct. App. 1992). “” In interpreting Colo. Rev. Stat. § 16-19-120 (1986), which is identical in substance to K.”
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