North Carolina General Statutes
Article 37 - Uniform Criminal Extradition Act.
§ 15A-743 - Application for issuance of requisition; by whom made; contents.

15A-743. Application for issuance of requisition; by whom made; contents.
(a) When the return to this State of a person charged with crime in this State is required, the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made and certifying that, in the opinion of the said prosecuting attorney, the ends of justice require the arrest and return of the accused to this State for trial and that the proceeding is not instituted to enforce a private claim.
(b) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his bail, probation, post-release supervision, or parole, the prosecuting attorney of the county in which the offense was committed, the Post-Release Supervision and Parole Commission, the Director of Prisons, the Director of Community Corrections, or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. A copy of all papers shall be forwarded with the Governor's requisition. (1937, c. 273, s. 23; 1973, c. 1286, s. 16; 1975, c. 132; 1993, c. 83, s. 1; 2016-77, s. 6.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 15A - Criminal Procedure Act

Article 37 - Uniform Criminal Extradition Act.

§ 15A-721 - Definitions.

§ 15A-722 - Duty of Governor as to fugitives from justice of other states.

§ 15A-723 - Form of demand for extradition.

§ 15A-724 - Governor may cause investigation to be made.

§ 15A-725 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

§ 15A-726 - Extradition of persons not present in demanding state at time of commission of crime.

§ 15A-727 - Issue of Governor's warrant of arrest; its recitals.

§ 15A-728 - Manner and place of execution of warrant.

§ 15A-729 - Authority of arresting officer.

§ 15A-730 - Rights of accused person; application for writ of habeas corpus.

§ 15A-731 - Penalty for noncompliance with § 15A-730.

§ 15A-732 - Confinement in jail when necessary.

§ 15A-733 - Arrest prior to requisition.

§ 15A-734 - Arrest without a warrant.

§ 15A-735 - Commitment to await requisition; bail.

§ 15A-736 - Bail in certain cases; conditions of bond.

§ 15A-736.1 - Recodified as G.S15A-534.6 by Session Laws 2007-484, s4, effective August 30, 2007.

§ 15A-737 - Extension of time of commitment; adjournment.

§ 15A-738 - Forfeiture of bail.

§ 15A-739 - Persons under criminal prosecution in this State at time of requisition.

§ 15A-740 - Guilt or innocence of accused, when inquired into.

§ 15A-741 - Governor may recall warrant or issue alias.

§ 15A-742 - Fugitives from this State; duty of governors.

§ 15A-743 - Application for issuance of requisition; by whom made; contents.

§ 15A-744 - Costs and expenses.

§ 15A-745 - Immunity from service of process in certain civil actions.

§ 15A-746 - Written waiver of extradition proceedings.

§ 15A-747 - Nonwaiver by this State.

§ 15A-748 - No right of asylum; no immunity from other criminal prosecution while in this State.

§ 15A-749 - Interpretation.

§ 15A-750 - Short title.