Sec. 25a. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS. (a) 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 his bail, probation, or parole may waive the issuance and service of the warrant provided for in Sections 7 and 8 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge or any court of record within this State, or in the presence of a justice of the peace serving a precinct that is located in a county bordering another state, a writing which states that the arrested person consents to return to the demanding State; provided, however, that before such waiver shall be executed or subscribed by such person the judge or justice of the peace shall inform such person of his:
(1) right to the issuance and service of a warrant of extradition; and
(2) right to obtain a writ of habeas corpus as provided for in Section 10.
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 or justice of the peace 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.
(b) Before a justice of the peace who is not an attorney may perform a duty or function permitted by Subsection (a), the justice must take, through the Texas Justice Court Training Center, a training course that focuses on extradition law. The center shall develop a course to satisfy the requirements of this subsection.
(c) Each justice of the peace who performs a duty or function permitted by Subsection (a) shall ensure that the applicable proceeding is transcribed or videotaped and that the record of the proceeding is retained in the records of the court for at least 270 days.
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