ACM S.B. 1579 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 1579
By: Carona (Keel)
5-14-97
Committee Report (Unamended)


 BACKGROUND

Currently, papers regarding the requisition for the return of a person
charged with a crime are filed with the Secretary of State's Office.
However, the Governor's Office handles this process and maintains these
records.  This legislation requires those papers to be filed with the
Governor's Office, rather than the Secretary of State's Office, in an
effort to change the statute to comply with standard practice. 

PURPOSE

As proposed, S.B. 1579 provides for the requisition for the return of a
person charged with crime in this state.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subdivision 3, Section 23, Article 51.13, Code of
Criminal Procedure, to require one copy of the application for issuance of
requisition, 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 to be filed in the office of the Governor, rather than the
Secretary of State.  Deletes the provision requiring the certified copies
to remain on record in that office.   

SECTION 2. Emergency clause.
  Effective date:  upon passage.