Tennessee Code Annotated

Tenn. Code Ann. § 40-9-121 (2026)

Demand for fugitive from Tennessee

✓ current as of May 2026

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(a) The governor of this state may demand of the executive authority of any other state or territory, any fugitive from justice, or other person charged with treason, felony or other crime in this state and may appoint an agent to demand and receive the person and return the person to this state.

(b) When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state or territory, or the District of Columbia, the governor of this state may agree with the executive authority of the other state or territory for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state or territory, or the District of Columbia, upon condition that the person be returned to the other state or territory at the expense of this state as soon as the prosecution in this state is terminated.

(c) The governor of this state may also surrender on demand of the executive authority of any other state or territory, any person in this state who is charged in the manner provided in this chapter with having violated the laws of the state or territory whose executive authority is making the demand, even though the person left the demanding state involuntarily.

Code 1858, §§ 185, 5340 (deriv. Acts 1847-1848, ch. 121); Shan., §§ 235, 7318; Code 1932, §§ 177, 11920; mod. C. Supp. 1950, § 11924.1; Acts 1967, ch. 270, § 1; 1968, ch. 618, § 1; T.C.A. (orig. ed.), § 40-1023.

Notes of Decisions

Cited in 2 cases, 1991–1991 · leading case: Beckwith v. Evatt, 819 S.W.2d 453 (Tenn. Crim. App. 1991).

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Beckwith v. Evatt, 819 S.W.2d 453 (Tenn. Crim. App. 1991). · cites it 2× “” Tenn.Code Ann. § 40-9-121(a). Other states have the authority to make similar demands upon this state.”

Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991). · cites it 2× “The Governor of Tennessee “may demand of the executive authority of any other state or territory, any fugitive from justice, or any other person charged with [a] crime in this state and may appoint an agent to demand and receive such person and return such person to this state.”

— Tenn. Code Ann. § 40-9-121(a) — 2 cases

Beckwith v. Evatt, 819 S.W.2d 453 (Tenn. Crim. App. 1991). “” Tenn.Code Ann. § 40-9-121(a). Other states have the authority to make similar demands upon this state.”

Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991). “The Governor of Tennessee “may demand of the executive authority of any other state or territory, any fugitive from justice, or any other person charged with [a] crime in this state and may appoint an agent to demand and receive such person and return such person to this state.”

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