71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2099
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for the Department of Corrections)
CHAPTER ................
AN ACT
Relating to extradition; amending ORS 133.843; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 133.843 is amended to read:
133.843. (1) Any person arrested in this state charged with
having committed any crime in another state or alleged to have
escaped from confinement, or broken the terms of security
release, probation or parole may waive the issuance and service
of the warrant provided for in ORS 133.773 and 133.777 and all
other procedure incidental to extradition proceedings, by
executing or subscribing in the presence of a judge of any court
of record within this state a writing which states that the
person consents to return to the demanding state; provided,
however, that before such waiver shall be executed or subscribed
by such person it shall be the duty of such judge to inform such
person of rights to the issuance and service of a warrant of
extradition and to apply for a writ of habeas corpus as provided
for in ORS 133.787.
(2) { + (a) + } If and when such consent has been duly executed
it shall forthwith be forwarded to the office of the Governor of
this state and filed therein. The judge shall direct the officer
having such person in custody to deliver forthwith such person to
the duly accredited agent or agents of the demanding state, and
shall deliver or cause to be delivered to such agent or agents a
copy of such consent { + . + } { - ; provided, however,
that - }
{ + (b) + } Nothing in this section shall be deemed to limit
the right of the accused person to submit voluntarily to the
custody of such agent or agents for return without formality to
the demanding state.
{ + (c) The waiver procedure described in this section is not
an exclusive procedure, nor does it limit the powers, rights or
duties of the officers of the demanding state or of this state.
(3) Notwithstanding subsection (1) of this section, a law
enforcement or corrections agency in this state holding a person
who is alleged to have broken the terms of the person's security
release, probation, parole or any other release in the demanding
state may deliver the person to the duly accredited agent of the
demanding state without the requirement of a warrant if:
Enrolled House Bill 2099 (HB 2099-INTRO) Page 1
(a) The person has signed a prior waiver of extradition as a
term of the person's current security release, probation, parole
or other release in the demanding state; and
(b) The law enforcement or corrections agency holding the
person has received an authenticated copy of the prior waiver of
extradition signed by the person and photographs, fingerprints or
other evidence properly identifying the person as the person who
signed the waiver. + }
SECTION 2. { + This 2001 Act takes effect on November 1,
2001. + }
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Passed by House February 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 9, 2001
...........................................................
President of Senate
Enrolled House Bill 2099 (HB 2099-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2099 (HB 2099-INTRO) Page 3