A. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor either may surrender the person on demand of the executive authority of another state or may hold the person until the person has been tried and discharged or convicted and punished in this state.

Terms Used In Arizona Laws 13-3859

  • Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Arizona Laws 13-3841
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See Arizona Laws 13-3841
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. This article does not constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime that was committed in this state or to regain custody of a demanded person by extradition proceedings or otherwise for the purposes of trial, sentencing or punishment for any crime that was committed in this state. A proceeding under this article that results or fails to result in extradition is not a waiver by this state of its right, power or privilege.