O.C.G.A.

O.C.G.A. § 17-13-42 (2019)

Demand for return of fugitives in other states by Governor of this state; issuance of warrant to person receiving fugitive

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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 the office of the Governor 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.

History

Ga. L. 1951, p. 726, § 22; Ga. L. 1983, p. 649, § 3.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Payment of expenses of person who receives fugitive. - Under the provisions of former Code 1933, § 40-305 and Ga. L. 1951, p. 726, § 22 (see O.C.G.A. §§ 17-13-42 and 45-12-51), the Governor is required to appoint a person to act as agent of this state to receive a fugitive from justice from this state and return the

fugitive to the authorities of the county from which one is a fugitive. When the Governor acts under these provisions, it necessarily follows that the person is authorized to pay the expenses, such as lodging at hotels and meals. 1952-53 Op. Att’y Gen. p. 97.

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 31, 138. C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 6, 13 et seq.

U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 22.