Tennessee Code Annotated

Tenn. Code Ann. § 40-9-130 (2026)

Waiver

✓ current as of May 2026

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(a) Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime committed within this state, or of its right, power or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.

(b) In the event that the return of a person imprisoned or held under criminal proceedings pending against the person in this state, is requested by another state or territory, by a demand made upon the governor of this state by the executive authority of the other state or territory in the manner provided in this chapter, the governor of this state may, without waiving the rights, power, privileges or jurisdiction of this state in any way, enter into an agreement with the executive authority of the other state or territory for the extradition of the person to the other state or territory, before the conclusion of such proceedings or the person's term of sentence in this state, with or without the condition that at a time agreed upon by the governor of this state and the executive authority of the other state or territory, the person returned to the other state or territory shall be returned to this state. This agreement shall provide that the expense of returning a person to the other state or territory and of returning a person from the other state or territory to this state, if applicable, shall be paid by the other state or territory.

(c) Any waiver of extradition from this state to another state or territory for the purposes of trial, sentence or punishment in the other state or territory, made by a person imprisoned or held under criminal proceedings pending against the person in this state, shall include a waiver of extradition for the return of a person to this state from the other state or territory for trial, sentence or punishment in this state on the charges against the person at the time of the execution of this waiver, at any time agreed upon by the governor of this state and executive authority of the other state or territory, at the time of this waiver or any later time.

Acts 1968, ch. 618, § 3; T.C.A., § 40-1035.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1991–2022 · leading case: Johns v. Bowlen, 942 S.W.2d 544 (Tenn. Crim. App. 1996).

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Johns v. Bowlen, 942 S.W.2d 544 (Tenn. Crim. App. 1996). · cites it 4× “Tenn.Code Ann. § 40-9-130(a) (emphasis added).”

Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991). · cites it 2× “Tenn.Code Ann. § 40-9-130 (emphasis added).”

Courtney R. Logan v. State of Tennessee (Tenn. Crim. App. 2022). · cites it 4× “See T.C.A. § 40-9-130(a) (2018) (providing that nothing in the Act constitutes a waiver by Tennessee of the right to regain custody of a person for trial, sentence, or punishment for a crime committed in Tennessee).”

William T. Yelton v. State of Tennessee (Tenn. Crim. App. 2005). · cites it 4× “Tenn. Code Ann. § 40-9-130 (a)(emphasis added).”

Tommy Wayne Simpson v. State of Tennessee (Tenn. Crim. App. 2001). · cites it 4× “Tenn. Code Ann. § 40-9-130 (a) (emphasis added).”

Thomas H. Caffey v. Kevin Myers, Warden (Tenn. Crim. App. 2000). · cites it 2× “Tenn. Code Ann. § 40-9-130 (a). We cannot conclude that the state has manifested an intent to abandon its rights to extradition and incarceration of petitioner.”

— Tenn. Code Ann. § 40-9-130(a) — 2 cases

Johns v. Bowlen, 942 S.W.2d 544 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-9-130(a) (emphasis added).”

Courtney R. Logan v. State of Tennessee (Tenn. Crim. App. 2022). “See T.C.A. § 40-9-130(a) (2018) (providing that nothing in the Act constitutes a waiver by Tennessee of the right to regain custody of a person for trial, sentence, or punishment for a crime committed in Tennessee).”

— Tenn. Code Ann. § 40-9-130(b) — 3 cases

Johns v. Bowlen, 942 S.W.2d 544 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-9-130(a) (emphasis added).”

William T. Yelton v. State of Tennessee (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 40-9-130 (a)(emphasis added).”

Tommy Wayne Simpson v. State of Tennessee (Tenn. Crim. App. 2001). “Tenn. Code Ann. § 40-9-130 (a) (emphasis added).”

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