2007 ORS 133.767¹
Extradition of person not present in demanding state at time of commission of crime

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in ORS 133.763 (Facts documents must show) with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent's expenses) not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom. [Formerly 147.060; 1985 c.565 §12; 2005 c.22 §105]

See also annota­tions under ORS 147.060 in permanent edi­tion.

Notes of Decisions

Article IV, sec­tion 2, United States Constitu­tion, does not prohibit state from discre­tionary extradi­tion of per­son not technically fugitive from requesting state. Whelan v. Noelle, 966 F. Supp. 992 (D. Or. 1997)

See also annota­tions under ORS chapter 147 in permanent edi­tion.

Notes of Decisions

This Act was adopted to facilitate the interjurisdic­tional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdic­tional transfers to clear up charges protect the prisoner's constitu­tional right to a speedy trial and the state's interest in the orderly ad­min­is­tra­­tion of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)


1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­133.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­133ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.