§832-3 Form of demand. No demand for the extradition of a person charged with crime in any state shall be recognized by the governor unless in writing alleging, except in cases arising under section 832-6, 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, or parole. The indictment, information, 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. [L 1941, c 99, §3; RL 1945, §10633; RL 1955, §250-3; HRS §713-3; ren L 1972, c 9, pt of §1; gen ch 1985]
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
832. Uniform Criminal Extradition Act
832-2 Fugitives from justice; duty of governor.
832-3 Form of demand.
832-4 Governor may investigate case.
832-6 Extradition of persons not present in demanding state at time of commission of crime.
832-7 Issue of governor's warrant of arrest; its recitals.
832-8 Manner and place of execution.
832-9 Authority of arresting officer.
832-10 Rights of accused person; application for writ of habeas corpus.
832-12 Confinement in jail when necessary.
832-13 Arrest prior to requisition.
832-14 Arrest without a warrant.
832-15 Commitment to await requisition; bail.
832-16 Bail; in what cases; conditions of bond.
832-17 Extension of time of commitment; adjournment.
832-19 Persons under criminal prosecution in this State at time of requisition.
832-20 Guilt or innocence of accused, when inquired into.
832-21 Governor may recall warrant or issue alias.
832-22 Fugitives from this State; duty of governor.
832-23 Application for issuance of requisition; by whom made; contents.
832-24 Immunity from service of process in certain civil actions.
832-25 Written waiver of extradition proceedings.
832-26 Nonwaiver by this State.
832-27 No right of asylum; no immunity from other criminal prosecutions while in this State.