820.25 Waiver by person arrested.
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 bail, probation or parole may waive the issuance and service of the warrant provided for in sections 820.7 and 820.8 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 the person’s rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 820.10.
2. 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 nothing in this section shall 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 exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.25; C79, 81, §820.25]
2018 Acts, ch 1041, §127
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT
Section 820.2 - Arrest of fugitives.
Section 820.3 - Demand in writing.
Section 820.4 - Investigation by attorney general.
Section 820.5 - Persons imprisoned in another state.
Section 820.6 - Criminal acts committed in third state.
Section 820.7 - Warrant for arrest.
Section 820.8 - Authority of warrant.
Section 820.9 - Authority of peace officer.
Section 820.10 - Testing legality of arrest.
Section 820.11 - Penalty for willful disobedience.
Section 820.12 - Confinement in jail.
Section 820.13 - Arrest on affidavit.
Section 820.14 - Arrest without warrant.
Section 820.15 - Holding to await requisition.
Section 820.16 - Bail — exceptions.
Section 820.17 - Discharge or recommitment.
Section 820.18 - Forfeiture of bond.
Section 820.19 - Criminal prosecution pending.
Section 820.20 - Guilt or innocence of person held.
Section 820.21 - Warrant recalled.
Section 820.22 - Receiving person extradited.
Section 820.23 - Application for extradition.
Section 820.24 - Expenses — how paid.
Section 820.25 - Waiver by person arrested.
Section 820.26 - State’s rights not deemed waived.
Section 820.27 - Trial for other crimes.