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2019 SESSION
19100921DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-114 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-114. Written waiver of extradition proceedings.
Any person arrested in this Commonwealth charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 19.2-92 and 19.2-93 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a circuit or district court within this Commonwealth a writing which states that he consents to return to the demanding state. However, before the waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 19.2-95.
If and when such consent has been duly executed, it shall
forthwith be forwarded to the office of the Governor and filed therein. The
judge shall (i) revoke
any bail set pursuant to § 19.2-102 and remand the person to custody
to await transfer to the demanding state, (ii) direct the
officer having the person in custody to promptly deliver him to the duly
accredited agent of the demanding state, and shall (iii) deliver or cause to be
delivered to such agent a copy of the consent.
This section shall not be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an executive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this Commonwealth.