Rule Text
A. For purposes of this Section, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this Chapter.
B. The governor of this state may:
(1) 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; or
(2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
C. A provision for extradition of individuals not inconsistent with this Chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Amendment history: Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule deals with cases where a parent is charged with a crime for not paying child support, and that parent is living in a different state than where the charge was filed. It gives the governor of Louisiana the power to ask another state to hand over someone who is charged in Louisiana with failing to support a child. It also lets the governor of Louisiana honor a similar request from another state, sending back a person who is found in Louisiana but charged with the same kind of crime elsewhere.
This process is called extradition. It means a person can be picked up in one state and sent to another state to face criminal charges related to unpaid child support. The rule makes clear that this can happen even if the person never actually lived in or fled from the state that filed the charge. In other words, someone cannot avoid extradition just by pointing out that they were never physically present in that state when the alleged crime happened.
Normal extradition laws still apply here, as long as they do not conflict with this specific rule. This means the general legal steps for extraditing someone between states are used, but this rule adds a specific reason (failure to support a child) that counts as a valid basis for extradition.
