HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. WEST VIRGINIA ANTIQUITIES COMMISSION. PUBLIC EMPLOYEES\' AND TEACHERS\' RECIPROCAL SERVICE CREDIT ACT. Such notes, revenue bonds, certificates or other evidences of indebtedness shall be sold in such manner and on such terms and conditions as the Governor may determine to be in the best interests of the state. The Prosecuting Attorney points out that where a demand for extradition has been made by the executive authority of another state, the Uniform Extradition Act, W. Va. Code § 5-1-7 through 13, authorizes the Governor of West Virginia to refuse extradition when criminal proceedings have been instituted against a defendant in West Virginia. Out of the sum annually appropriated as a civil contingent fund, there may be paid all expenses incurred in the execution of any law for which there is no special appropriation, and any other sums which the Governor may deem necessary or proper. While in West Virginia -- and later in Florida -- Freshwaters worked for many years as a truck driver. The information below provides an West Virginia-specific general overview of the legal regime of extradition and detainer in West Virginia. ARTICLE 10C. The Governor, though not so required, may in his or her discretion deliver over to justice any person found within this state who shall be charged with having committed without the jurisdiction of the United States any crime except treason, which by the laws of this state, if committed herein, would be punishable by death or imprisonment in the penitentiary. §5-1-4. (c) Annual reports shall be submitted in typewritten form, any legible form produced by mechanical means, on electronic media, to be filed in the same manner as a printed annual report, or transmitted electronically via the Internet. (2) Control, restrict and regulate the sale by distributors, producers, importers and retail dealers of gasoline and special fuel to users by any appropriate means including, but not limited to, the establishment of quotas, rationing, specifications that certain users may purchase gasoline or special fuel only on certain days, and other conditions upon the purchase of gasoline or special fuel to the extent permitted by any federal law relating to the allocation or distribution of gasoline or special fuel and rules and regulations promulgated thereunder or to the extent permitted by the appropriate federal agency. No person whose nomination for office has been rejected by the Senate shall again be nominated for the same office during the session in which his or her nomination was so rejected, unless at the request of the Senate, nor shall the person be appointed to the same office during the recess of the Senate. First I would like to say this is my first offense. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial. ARTICLE 21. Any revenue bonds issued hereunder shall be in registered form. §5-1-2. DESIGN-BUILD PROCUREMENT ACT. §5-1-23. Any person arrested in this Commonwealth 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 §§ 19.2-92 and 19.2-93 and all other procedures incidental to extradition … The issuance of such notes, revenue bonds, certificates or other evidences of indebtedness shall be authorized by an executive order, and such notes, revenue bonds, certificates or other evidences of indebtedness shall be payable in such medium of payment and at such place or places, within or without the state, and may have such other terms and conditions as the Governor determines. §62-14A-7. (a) The Legislature makes the following findings: (1) Subdivision (12), subsection (d), section fifty-one, article VI of the Constitution of West Virginia authorizes the Legislature to enact laws as are necessary and proper to carry out the purposes of section fifty-one, article VI of the Constitution of West Virginia. Printing and distribution of biennial messages; distribution of legislative journals. THE WEST VIRGINIA HEALTH CARE INSURANCE ACT. §5-1-20. The Governor may petition any circuit court of this state for the issuance of a temporary restraining order or injunction or for any other remedy, as may be appropriate, to compel any person to comply with any such order, rule or regulation, and it shall be the duty of the Attorney General and the prosecuting attorneys of the various counties to assist and cooperate with the Governor in obtaining such relief. (b) 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 or her bail, probation or parole may waive the issuance and service of the warrant provided for in §62-14A-3(a) and §62-14A-3(d) of this code, 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, 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 his or her rights with respect to the issuance and service of a warrant of extradition and with respect to obtaining a writ of habeas corpus as provided for in §62-14A-4(a) of this code. ARTICLE 10. §5-1-16. ARTICLE 13. SEXUALLY VIOLENT PREDATOR MANAGEMENT TASK FORCE. ARTICLE 15. HEALTHY WEST VIRGINIA PROGRAM. Extradition of persons charged with crime in another state or imprisoned or awaiting trial in another state. Expungement of criminal record upon full and unconditional pardon. BOSTON (AP) — A U.S. judge on Thursday cleared the way for the extradition of an American father and son wanted by Japan for smuggling former Nissan Motor Co. Chairman Carlos Ghosn out of the country while he was awaiting trial. ARTICLE 10D. §62-14A-5. ARTICLE 1C. I have an open case pending on me at the moment from Huntington, West Virginia. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT. Draping of state flag to honor the passing of law-enforcement officers. — Notwithstanding any other provision of this code, a law-enforcement or corrections agency in the State of West Virginia holding a person who is charged by another jurisdiction with a violation of his or her terms of probation, parole, bail, or other form of conditional release in another jurisdiction which is demanding the return of such person shall immediately deliver the person to the duly authorized agent of the demanding state, and without the requirement of a Governor’s warrant, if such person has previously executed a waiver of extradition as a condition of his or her current terms of probation, parole, bail, or other form of conditional release in the demanding state and upon receipt of the following documentation from the demanding state: (1) A certified copy of the previously executed waiver of extradition being held by the officials in the demanding state or an electronically or electromagnetically transmitted facsimile thereof; (2) A certified copy of an order or warrant from the demanding state seeking the return of the person or an electronically or electromagnetically transmitted facsimile thereof; and. Any moneys not needed for repayment of principal and interest on and costs associated with the notes, revenue bonds, certificates or other evidences of indebtedness authorized by this section may be used to repay principal and interest on moneys previously transferred from the occupational pneumoconiosis fund pursuant to section eight-a, article four-b, chapter twenty-three of this code. Written waiver of extradition proceedings. ARTICLE 16B. EXECUTION OF SENTENCES; STAYS. Arrest of persons aiding enemy or insurgents. When Governor may remit fine or penalty. (g) The Governor may at any time require information in writing, under oath, from any officer, board, department or commission of the executive department or the principal officer or manager of any state institution, upon any subject relating to the condition, management and expense of their respective offices or institutions. (d) When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General, any prosecuting officer, or the West Virginia State Police, in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded, and whether he or she ought to be surrendered. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES. If and when such consent has been duly executed it shall forthwith be forwarded to the Office of the Governor. The Attorney General represents the state in all governor's warrant extraditions. (a) The Governor is hereby authorized to enter into and renew reciprocity agreements with the governors and other appropriate state governmental agencies from states that share contiguous borders with this state, and the District of Columbia, to establish regulations, licensing requirements and taxation for small businesses headquartered in this state or contiguous states or the District of Columbia that conduct business in both. Vacancies in offices filled by appointment of Governor; Senate action; bond requirements; filling vacancies in other appointive offices. (a) Whenever the Governor shall demand from the executive authority of another state or from a judge of the Superior Court of the District of Columbia the return to this state of a person found in such state or the District of Columbia who is charged with a crime, who has escaped from confinement, who has been improperly released prior to completion of his or her period of confinement, or who violated the terms of his or her bail, probation, or parole, the Governor shall issue a warrant for the person under the Great Seal of West Virginia, affixed thereon by the Secretary of State to an agent, commanding said agent to receive the person so charged if delivered to him or her and to transport the person to the proper officer of this state or a county of this state in which the offense was committed. (e) The bond, if any, required by law to be given by any officer so temporarily appointed by the Governor, shall be in such penalty as is required by law of the incumbent of such office. But no such reward shall be paid to any sheriff or other officer who may arrest such person by virtue of any process in his hands to be executed. The Governor and Secretary of State may sign and attest such notes, revenue bonds, certificates or other evidences of indebtedness by facsimile signature. ARTICLE 1D. § 19.2-114. Virginia Code § 19.2-72 requires a written complaint if the complainant is not a law enforcement officer. See West Virginia Code 2-2-10 Misdemeanor : Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. ARTICLE 16D. ARTICLE 22A. ARTICLE 7. During the extradition proceedings, the accused fugitive may agree to be returned to West Virginia to face charges without further court action by signing a waiver of extradition. THE MILITARY SERVICE MEMBERS COURT ACT. The petition shall be served upon the prosecuting attorney of the county where the petition was filed. When the United States wants to extradite someone who is residing in a foreign country with an extradition treaty, a complaint is filed in any … GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS. When any law-enforcement officer employed by the state or any of its political subdivisions dies while on active duty or after being honorably discharged or honorably retired, upon the request of next of kin, the state shall honor the officer by providing a state flag, at no cost, for draping the coffin at the funeral service of the deceased officer. With his extradition waived, Pennsylvania law enforcement has 10 days to retrieve Turner from West Virginia. ARTICLE 26. §5-1-24. (b) As used herein or as used in any proclamation, order, rule or regulation issued by the Governor pursuant to this section, unless the context requires a different meaning, the terms or phrases "actual metered gallons," "distributor," "producer," "gallon," "gasoline," "importer," "person," "petroleum carrier," "purchase," "receive," "retail dealer," "sale," "special fuel," "supply tank," "tank wagon" and "user" shall have the same meanings ascribed to those terms or phrases in section two, article fourteen, chapter eleven of this code. West Virginia Law Welcome to the West Virginia Law section of FindLaw's State Law collection. No appointee who resigns from any such office prior to confirmation, or whose name has not been submitted for confirmation while the Senate is in session, shall be eligible, during the recess of the Senate, to hold any office the nomination for which must be confirmed by the Senate. Authority to direct payment of certain debt in emergency. COMMISSION ON HOLOCAUST EDUCATION. In order to obtain information in such cases, the Governor may send for the person and papers of anyone whom he shall believe to be subject to the last two sections. West Virginia Legislature's Office of Reference & Information. GOVERNMENT CONSTRUCTION CONTRACTS. In any case in which the Governor shall exercise the power conferred on him by the Constitution to commute capital punishment, he may issue his order to the warden of the penitentiary, requiring him to receive and confine (and the warden shall receive and confine) in the penitentiary, according to such order, the person whose punishment is commuted. GOVERNOR\'S OFFICE OF FISCAL RISK ANALYSIS AND MANAGEMENT. West Virginia Legislature's Office of Reference & Information. §5-1-1. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in the other state, and who is passing through this state with such a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in any city, county, or regional jail; and the keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of him or her is ready to proceed on his or her route, the officer or agent, however, being chargeable with the expense of keeping: Provided, That the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he or she is actually transporting a prisoner to the demanding state after a requisition by the executive authority of the demanding state. He may also cause to be apprehended and imprisoned all who in time of war, insurrection or public danger shall willfully give aid, support or … Repayment to the occupational pneumoconiosis fund, if any, shall be made into the special account created in the State Treasury by said section eight-a. Justia US Law US Codes and Statutes West Virginia Code 2011 West Virginia Code CHAPTER 5. ARTICLE 24. the provisions governing extradition procedures are set forth in Sections 19.2 through 19.2-118 of the Code of Virginia (1950) as amended. (k) The guilt or innocence of the accused as to the crime for which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this article has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. (b) All state officers, boards, commissions, departments and institutions required by law to make reports to the Governor, the Legislature or any administrative board or state official shall cover fiscal year periods. §62-14A-6. Such persons shall assist the Governor in enforcing the provisions of any such order, rule or regulation so issued and promulgated by the Governor when called upon to do so by the Governor. ARTICLE 15A. (2) In compliance with all other laws, rules or regulations governing surveying in the State of West Virginia; (3) In compliance with the Geospatial Positioning Accuracy Standards established and published by the FGDC, and in effect at the time the survey is performed. (d) Any orders, rules or regulations issued pursuant to this section shall be valid only during the period of any such fuel emergency and may be issued or promulgated without complying with the provisions of chapter twenty-nine-a of this code: Provided, That a copy of every such order, rule or regulation shall be filed in the office of the Secretary of State before the same is effective and the Secretary of State shall, within five days thereafter, forward a certified copy thereof to the clerk of the county court of each county and every such clerk shall forthwith admit such order, rule or regulation to record in the miscellaneous records of the county court kept in the office of each such clerk, but such filing in the office of the Secretary of State shall alone constitute constructive notice to any person affected by such order, rule or regulation: Provided, however, That the county court of each county shall, when the first such order, rule or regulation is admitted to record, forthwith cause to be published a notice to the effect that such order, rule or regulation is, and that all further orders, rules and regulations or record copies thereof shall be, available for inspection in the office of the county clerk of such county.

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