22-2703.
Form of demand.
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 K.S.A. 22-2706, and amendments thereto, 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, assignment to a community correctional services program, parole or postrelease supervision, or that the sentence or some portion of it remains unexecuted and that the person claimed has not been paroled, released on postreleased supervision or discharged or otherwise released therefrom. The indictment, information affidavit 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.
History:
L. 1970, ch. 129, § 22-2703; L. 1986, ch. 123, § 17; L. 1992, ch. 239, § 251; July 1, 1993.
Notes of Decisions
Cited in
13
cases, 1976–2008 · leading case:
Wilbanks v. State, 579 P.2d 132 (Kan. 1978).
Wilbanks v. State, 579 P.2d 132 (Kan. 1978).
· cites it 4× “) Our statute, K.S.A. 22-2703, is a part of the Uniform Criminal Extradition Act passed by the Kansas Legislature in 1970.”
Greenbaum v. Darr, 552 P.2d 993 (Kan. 1976).
· cites it 6× “Section 22-2703 thereof covers extradition of a fugitive who was “present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state.”
Kennon v. State, 809 P.2d 546 (Kan. 1991).
· cites it 5× “22-2706 is that extradition of a person who has committed a crime in the demanding state (Alabama) and fled therefrom is mandatory and the governor in the receiving state (Kansas) must grant the extradition request, assuming all the required formalities of K.S.A. 22-2703 and…”
Ortega v. City of Kansas City, Kansas, 659 F. Supp. 1201 (D. Kan. 1987).
· cites it 2× “See K.S.A. 22-2703 to -2710. 3 These statutes would put a rea *1211 sonable police chief and officers on notice that using a sting operation to “lure” or “entice” a suspect across state lines for the purpose of arresting him would violate the extradition act.”
Gladney v. Sheriff of Leavenworth Cnty., 598 P.2d 559 (Kan. Ct. App. 1979).
· cites it 3× “Gladney asserts the demand from the State of Colorado does not comply with K.S.A. 22-2703 in that it does not set forth clearly that the Colorado sentence had not expired.”
McCullough v. Darr, 548 P.2d 1245 (Kan. 1976).
· cites it 2× “22-2706 which provides: “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 22-2703 with committing an act in this state, or in a third…”
Dunn v. Hindman, 855 P.2d 994 (Kan. Ct. App. 1993).
· cites it 3× “Whether the demand for extradition from Arkansas fails to comply with the requirements of K.S.A. 22-2703 and the Fourth Amendment to the United States Constitution.”
In re Danko, 731 P.2d 240 (Kan. 1987).
· cites it 2× “Paragraphs seven and eight of the syllabus to the Wilbanks opinion read as follows: “Under the Uniform Criminal Extradition Act, K.S.A. 22-2703, a conclusory complaint, void of supporting factual information, does not ‘substantially charge’ the person demanded with having…”
State v. Patton, 176 P.3d 151 (Kan. 2008).
“Next, the court concluded that the State met the requirements of K.S.A. 22-2703 and that Patton was afforded his rights under K.”
Longoria v. Sheriff of Leavenworth Cnty., 589 P.2d 607 (Kan. 1979).
· cites it 3× “K.S.A. 22-2703 provides in pertinent part: “No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging .”
Sloss v. Sheriff of Leavenworth Cnty., 648 P.2d 255 (Kan. Ct. App. 1982).
“22-2703] is in the disjunctive, and provides for two alternative showings by the demanding state in order to secure extradition — that is, that the person is a fugitive from justice, or, having been convicted and sentenced, has escaped from confinement or has broken the terms of…”
Alexander v. State, 877 P.2d 5 (Kan. Ct. App. 1994).
· cites it 2× “In the present case, the journal entry of conviction and sentence is not properly authenticated.”
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