Sec. 23. APPLICATION FOR ISSUANCE OF REQUISITION; BY WHOM MADE; CONTENTS. 1. When the return to this State of a person charged with crime in this State is required, the State's attorney shall present to the Governor his written motion for a requisition for the return of the person charged, in which motion 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 motion is made and certifying that, in the opinion of the said State's 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.
2. 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 or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution 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 the circumstances 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.
3. 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. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor. The other copies of all papers shall be forwarded with the Governor's requisition.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 51 - Fugitives From Justice
Article 51.13. Uniform Criminal Extradition Act
Section 2. Fugitives From Justice; Duty of Governor
Section 4. Governor May Investigate Case
Section 6. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime
Section 7. Issue of Governor's Warrant of Arrest; Its Recitals
Section 8. Manner and Place of Execution
Section 9. Authority of Arresting Officer
Section 10. Rights of Accused Person; Application for Writ of Habeas Corpus
Section 11. Penalty for Non-Compliance With Preceding Section
Section 12. Confinement in Jail, When Necessary
Section 13. Arrest Prior to Requisition
Section 14. Arrest Without a Warrant
Section 15. Commitment to Await Requisition; Bail
Section 16. Bail; in What Cases; Conditions of Bond
Section 17. Extension of Time of Commitment; Adjournment
Section 18. Forfeiture of Bail
Section 19. Persons Under Criminal Prosecution in This State at the Time of Requisition
Section 20. Guilt or Innocence of Accused, When Inquired Into
Section 21. Governor May Recall Warrant or Issue Alias
Section 22. Fugitives From This State; Duty of Governor
Section 23. Application for Issuance of Requisition; by Whom Made; Contents
Section 24. Costs and Expenses
Section 25. Immunity From Service of Process in Certain Civil Cases
Section 25a. Written Waiver of Extradition Proceedings
Section 25b. Non-Waiver by This State
Section 26. No Right of Asylum, No Immunity From Other Criminal Prosecutions While in This State