The Governor of this state may also surrender, on demand of the executive authority of any other state, any person found in this state who is charged in such other state in the manner provided in section
54-159 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, provided the acts for which extradition is sought would be punishable by the laws of this state, if the consequences claimed to have resulted from those acts in the demanding state had taken effect in this state.
(1957, P.A. 362, S. 6; P.A. 22-19, S. 5.)
History: P.A. 22-19 made technical changes and added proviso re acts punishable by laws of this state if consequences claimed to have resulted from those acts had taken effect in this state, effective July 1, 2022.
Cited. 157 C. 414; 186 C. 404; 190 C. 631; 201 C. 162.
Governor of rendering state exercises informed legal discretion, as extradition is not required by Art. IV, Sec. 2 of the U.S. Constitution; where both governors falsely believed person was a fugitive, extradition will not be granted under section and person must be released, as discretion was not exercised. 34 CS 78.
Notes of Decisions
Clark v. Comm'r of Corr., 917 A.2d 1 (Conn. 2007).
· cites it 16× “The commissioner further maintained that this interpretation of the act is buttressed by § 54-159, which requires that all demands for extradition, except those made for nonfugitives under General Statutes § 54-162, 9 shall allege, inter alia, that the person whose extradition…”
Engel v. Bourbeau, 513 A.2d 688 (Conn. 1986).
· cites it 7× “The dispositive issues 1 are whether the trial court erred in failing to consider the constitutionality of the Georgia criminal statute upon which extradition was predicated and whether the petitioner was “substantially charged” in the demanding state as required by General…”
Ross v. Hegstrom, 254 A.2d 556 (Conn. 1969).
· cites it 5× “The plaintiff’s affirmative claim is limited to the assertion that at the time of the alleged crime he was in West Virginia — a fact which under the law applicable to accomplices and accessories and in circumstances governed by General Statutes § 54-162 is not necessarily…”
Hill v. Blake, 441 A.2d 841 (Conn. 1982).
· cites it 2× “2 Section 6 of the act appears at General Statutes § 54-162 and reads as follows: “Sec.”
Barrila v. Blake, 461 A.2d 1375 (Conn. 1983).
“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 54-162, that the accused was present in the demanding state at the time of the commission of the…”
Clark v. Comm'r of Corr., 868 A.2d 798 (Conn. App. Ct. 2005).
· cites it 5× “In contrast to the present case, Hill involved the application of General Statutes § 54-162, not § 54-161. Hill v.”
Dutil v. Rice, 376 A.2d 1119 (Conn. Super. Ct. 1977).
· cites it 2× “That section provides for the surrender, upon a proper demand, of any person in this state charged in the demanding state with committing an act in this state, or in a third state, intentionally resulting in a crime in the demanding state.”
Wentworth v. Bourbeau, 449 A.2d 1015 (Conn. 1982).
“r 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 54-162, that the accused was present in the demanding state at the time of the commission of the alleged crime,…”
LaValley v. Correia, 632 A.2d 1143 (Conn. App. Ct. 1993).
“th crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 54-162, 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…”
Fain v. Bourbeau, 488 A.2d 824 (Conn. 1985).
“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 54-162, that the accused was present in the demanding state at the time of the commission of the…”
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