Criminal Nonsupport Handbook
Extradition for criminal nonsupport is governed by Texas Family Code §159.801. The Governor may demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee. [TFC § 159.801(b)(1)] This applies even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state. [TFC § 159.801(c)]
Before making such a demand, the Governor may require the prosecutor to demonstrate that the obligee instituted proceedings for support at least 60 days prior to the date of the demand for extradition. [TFC § 159.802(a)] All cases referred by the OAG will have already had proceedings for support instituted and a final order for support entered.Transportation
It is the policy of the OAG to assist prosecutors in arranging transportation for prisoners arrested out of state on criminal nonsupport warrants referred by the OAG and pay for transportation costs. We need to know as soon as possible after the obligor is arrested to make these arrangements. Please contact Penny Denmon, field operations investigator, at 512-460-6276.
Samples of two forms are provided on the following pages:
- Application to Governor for Issuance of Requisition
- Governor's Requisition
Application to Governor for Issuance of Requisition
To the Honorable _______, Governor of Texas.
I request a requisition for the return to this state of the person of [ ], who is charged by indictment with the crime of criminal nonsupport, in that [ ], did on the _______ day of _______ in the County of _______, State of Texas, then and there unlawfully, intentionally and knowingly fail to provide support for [ ], his child younger than 18 years of age (or his child who was the subject of a court order requiring the Defendant to support the said child), and who has fled this state and is now believed to be in the City of _______, County of _______, State of _______.
I certify that in my opinion the ends of justice require the arrest and return of [ ] to this state and further that this application is not made to enforce a private claim.
STATE OF TEXAS
From the Governor of the State of Texas.
To His Excellency, The Governor of the State of _______.
WHEREAS, it appears by the annexed papers which I certify to be authentic and duly authenticated in accordance with the laws of this State, that _______ stands charged by indictment with the crime of criminal nonsupport committed in the County of _______ in this State, which I certify to be a crime under the laws of this State, and that he has fled from this State and is a fugitive from justice, and it is believed that he has taken refuge in the State of _______.
Now, Therefore, I _______, Governor of the State of Texas, pursuant to the provisions of the Constitution and laws of the United States and the laws of the State of Texas and the State of _______, and the Uniform Interstate Family Support Act, and the Uniform Criminal Extradition Act, do hereby make requisition for the apprehension of said fugitive and for his delivery to _______ who is hereby authorized to receive and convey him to the State of Texas, here to be dealt with according to law.
In Testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State, at Austin, Texas this _______ day of _______, 20__.
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