13-3845

13-3845. Extradition documents; contents

A. A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:

1. Except in cases arising under section 13-3846, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;

2. The accused is now in this state; and

3. The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of a crime in that state and has escaped from confinement or broken his parole.

B. In addition to the information required by subsection A of this section, a warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand include:

1. A photograph and photo affidavit identifying the accused as the fugitive charged with the offense; or

2. Fingerprints certified by the issuing authority that can be used to identify the accused as the fugitive charged with the offense.