Chapter 38. MISCELLANEOUS  


Article 1. Prevention of Offenses
Sec 13-3801. Preventing offenses; aiding officer
Sec 13-3802. Right to command aid for execution of process; punishment for resisting process
Sec 13-3803. Preserving peace at public meetings
Sec 13-3804. Duty of officers to disperse unlawful assembly
Sec 13-3806. Duty of physician or attendant upon treating certain wounds; classification
Article 2. Security to Keep the Peace
Sec 13-3811. Complaint
Sec 13-3812. Examination of complainant; issuance of summons or warrant of arrest
Sec 13-3813. Hearing; discharge; bond; new bond; filing
Sec 13-3814. Effect of filing bond; failure to file
Sec 13-3815. Breach and forfeiture; action for recovery; effect of conviction
Sec 13-3816. Offense or threat in presence of magistrate; bond
Article 3. Registration of Sex Offenders and Offender Monitoring
Sec 13-3821. Persons required to register; procedure; identification card; assessment; definitions
Sec 13-3822. Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions
Sec 13-3823. Access to records
Sec 13-3824. Violation; classification; assessment
Sec 13-3825. Community notification
Sec 13-3827. Internet sex offender website; investigation of records; immunity; definition
Sec 13-3829. Criminal street gang and sex offender monitoring; qualified vendor; definition
Article 4. Close Pursuit
Sec 13-3831. Definitions
Sec 13-3832. Authority of peace officer entering state in close pursuit
Sec 13-3833. Arrest and hearing; duty of officer and magistrate
Sec 13-3834. Effect of arrest
Article 5. Uniform Criminal Extradition Act
Sec 13-3841. Definitions
Sec 13-3842. Fugitives from justice; duty of governor
Sec 13-3843. Form of demand
Sec 13-3844. Governor may investigate case
Sec 13-3845. Extradition documents; contents
Sec 13-3846. Extradition of persons not present in demanding state at time of commission of crime
Sec 13-3847. Issue of governor's warrant of arrest; its recital
Sec 13-3848. Manner and place of execution
Sec 13-3849. Authority of arresting officer
Sec 13-3850. Duty of arresting officer; application for writ of habeas corpus; notice
Sec 13-3851. Noncompliance with preceding section; classification
Sec 13-3852. Confinement in jail when necessary
Sec 13-3853. Arrest prior to requisition
Sec 13-3854. Arrest without a warrant
Sec 13-3855. Commitment to await requisition; bail
Sec 13-3856. Bail; in what cases; conditions of bond
Sec 13-3857. If no arrest made on governor's warrant before the time specified
Sec 13-3858. Forfeiture of bail
Sec 13-3859. Persons under criminal prosecution in this state at time of requisition
Sec 13-3859.01. Local criminal prosecution; continuance of status; time limits tolled
Sec 13-3859.02. Imprisonment; alternative methods of extradition
Sec 13-3860. Guilt or innocence of accused; when inquired into
Sec 13-3861. Governor may recall warrant or issue alias
Sec 13-3862. Fugitives from this state; duty of governors
Sec 13-3863. Application for issuance of requisition; by whom made; contents
Sec 13-3864. Payment of account of agent; method as exclusive; classification
Sec 13-3865. Exemption from civil process
Sec 13-3865.01. Written waiver of extradition proceedings; prior waiver
Sec 13-3866. No right of asylum
Sec 13-3867. Interpretation
Sec 13-3868. Short title
Sec 13-3869. Extradition of persons to and from Indian jurisdiction
Sec 13-3870. Executive agreements
Sec 13-3870.01. Use of facsimile signature
Sec 13-3870.02. Extradition; recovery of expenses
Article 6. Authority of Peace Officers Outside Geographical Area of Agency
Sec 13-3871. Authority of peace officers
Sec 13-3872. Mutual aid agreements
Sec 13-3873. Provisions cumulative and supplemental
Sec 13-3874. Indian police; powers; qualifications
Sec 13-3875. Cross-certification of federal peace officers; policy; powers; qualifications; liability; records
Article 7. Arrest
Sec 13-3881. Arrest; how made; force and restraint
Sec 13-3882. Time of making arrest
Sec 13-3883. Arrest by officer without warrant
Sec 13-3884. Arrest by private person
Sec 13-3885. Arrest of principal by surety; prohibited conduct; violation; classification; definitions
Sec 13-3886. Arrest by telephone or telegram; filing copy of warrant
Sec 13-3887. Method of arrest by officer by virtue of warrant
Sec 13-3888. Method of arrest by officer without warrant
Sec 13-3889. Method of arrest by private person
Sec 13-3890. Fingerprinting at time of arrest; order for fingerprints; retention
Sec 13-3891. Right of officer to break into building
Sec 13-3892. Right of private person to break into building
Sec 13-3893. Right to break door or window to effect release
Sec 13-3894. Right to break into building in order to effect release of person making arrest detained therein
Sec 13-3895. Weapons to be taken from person arrested
Sec 13-3896. Arrest after escape or rescue; method of recapture
Sec 13-3897. Duty of officer after arresting with warrant
Sec 13-3898. Arrest without warrant; magistrate; complaint
Sec 13-3899. Complaint need not be verified
Sec 13-3900. Duty of private person after making arrest
Sec 13-3901. Right of attorney to visit person arrested
Sec 13-3902. Treatment of arrested person
Sec 13-3903. Notice to appear and complaint
Sec 13-3904. Violation of promise to appear; classification
Sec 13-3905. Detention for obtaining evidence of identifying physical characteristics; definition
Sec 13-3906. Processing arrestees; citizenship determination; notice
Sec 13-3907. Arrest with warrant; detention officer; definition
Article 8. Search Warrant
Sec 13-3911. Definition
Sec 13-3912. Grounds for issuance
Sec 13-3913. Conditions precedent to issuance
Sec 13-3914. Examination on oath; affidavits
Sec 13-3915. Issuance; form of warrant; duplicate original warrant; telefacsimile
Sec 13-3916. Service of warrant; breaking and entering to execute
Sec 13-3917. Time of service; exception
Sec 13-3918. Time of execution and return
Sec 13-3919. Receipt for property; definitions
Sec 13-3920. Retention of property
Sec 13-3921. Return of warrant and inventory; copy of inventory
Sec 13-3922. Controverting grounds of issuance; procedure; restoration of property
Sec 13-3923. Filing and transmittal of papers
Sec 13-3924. Unlawful procurement of search warrant without probable cause
Sec 13-3925. Unlawful search or seizure; admissibility of evidence; definitions
Article 9. Search of the Accused
Sec 13-3931. Search of accused by magistrate
Article 10. Disposition of Seized Property in Custody of Magistrate or Peace Officer
Sec 13-3941. Disposition and return of stolen or embezzled property
Sec 13-3942. Delivery of unclaimed stolen or embezzled property to county sheriff
Article 11. Preliminary Hearings
Sec 13-3951. Order of commitment; duty of officer
Sec 13-3952. Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes
Article 12. Bail
Sec 13-3961. Offenses not bailable; purpose; preconviction; exceptions
Sec 13-3961.01. Offenses not bailable; postconviction; exceptions
Sec 13-3962. Admission to bail in certain non-bailable offenses
Sec 13-3963. Admission to bail when arrest occurs in another county
Sec 13-3964. Bail when warrant issued in other county
Sec 13-3965. Procedure when bail not given
Sec 13-3966. Validity of undertaking by minor
Sec 13-3967. Release on bailable offenses before trial; definition
Sec 13-3968. Violation of conditions of release; hearing
Sec 13-3969. Bail bond agent lists; prohibition; rotation; acceptance of bonds
Sec 13-3971. Bail after examination
Sec 13-3972. Restraint before conviction
Sec 13-3974. Exoneration of appearance bond; remission
Article 13. Trials
Sec 13-3981. Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations
Sec 13-3983. Waiver of jury by consent of parties
Sec 13-3984. Procedure where proof shows higher offense; effect
Sec 13-3985. Effect of acquittal on merits
Sec 13-3986. Title of affidavits or depositions
Sec 13-3987. Harmless error
Sec 13-3988. Admissibility of confessions
Sec 13-3989. Admissibility in evidence of eye witness testimony
Sec 13-3989.01. Admissibility; 911 emergency service records and recordings; definition
Sec 13-3989.02. Admissibility; radio traffic records and recordings; definition
Sec 13-3990. Notice of conviction of teachers
Article 14. Procedures on Issue of Insanity of Defendant
Sec 13-3991. Detention of defendant during insanity; restoration to sanity
Sec 13-3992. Expenses of maintenance of insane defendant as county charge
Sec 13-3993. Examination of defendant pleading not guilty by reason of insanity; privilege inapplicability; reports
Sec 13-3994. Commitment; hearing; jurisdiction; definition
Article 16. Costs, Fees, and Disposition of Fines and Forfeitures
Sec 13-4011. Costs of criminal action on removal before trial
Sec 13-4012. Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction
Sec 13-4013. Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation
Sec 13-4014. Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence
Article 17. Insanity or Pregnancy of Person Under Death Sentence
Sec 13-4021. Competency to be executed; definition
Sec 13-4022. Determining competency
Sec 13-4023. Recovery of competency
Sec 13-4024. Untimely or successive motions
Sec 13-4025. Procedure upon discovery that prisoner under death sentence may be pregnant; examination
Sec 13-4026. Proceedings subsequent to examination for pregnancy
Article 18. Appeals
Sec 13-4031. Right of appeal
Sec 13-4032. Appeal by state
Sec 13-4033. Appeal by defendant
Sec 13-4034. Expense of record or transcript upon appeal by indigent as county charge
Sec 13-4036. Power of supreme court on appeal from judgment of conviction
Sec 13-4037. Power of supreme court to correct and reduce sentence upon appeal by defendant
Sec 13-4038. Power of supreme court on appeal by state
Sec 13-4039. Failure of appellant to prosecute appeal; effect
Sec 13-4040. Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception
Sec 13-4041. Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement
Sec 13-4042. Appellate proceedings; request for extension; victim notification
Article 19. Entry of Clearance on Records
Sec 13-4051. Entry on records; stipulation; court order
Article 20. Competency and Privileges
Sec 13-4061. Competency of witness
Sec 13-4062. Anti-marital fact privilege; other privileged communications
Sec 13-4063. Competency of female concerned in certain offenses; effect of marriage to accused
Sec 13-4064. Order compelling person to testify or produce evidence; immunity from use of such evidence; contempt
Sec 13-4065. Prohibition on psychological or psychiatric examination to determine credibility
Sec 13-4066. Privileged communication; sex offender treatment; exception
Article 21. Attendance of Witnesses
Sec 13-4071. Subpoena; issuance; duty of clerk
Sec 13-4072. Service of subpoena
Sec 13-4073. Refusal to attend, be sworn or testify as contempt; civil liability
Sec 13-4074. Attendance of witness; liability for non-attendance
Sec 13-4075. Removal of prisoner to attend as witness; procedure; duty of sheriff
Sec 13-4077. Allowance of expenses of out of county or indigent witness
Article 22. Material Witnesses
Sec 13-4081. Undertaking by witnesses
Sec 13-4082. When further security may be required
Sec 13-4083. Procedure when witness does not give security
Sec 13-4084. Undertaking by witnesses in other courts
Sec 13-4085. Release or detention of material witness; depositions
Article 23. Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings
Sec 13-4091. Definitions
Sec 13-4092. Summoning witness in this state to testify in another state
Sec 13-4093. Witness from another state summoned to testify in this state
Sec 13-4094. Exemption from arrest and service of process
Sec 13-4095. Uniformity of interpretation
Sec 13-4096. Short title
Article 24. Deposition of Witness Within the State
Sec 13-4101. Witness for defendant
Sec 13-4102. Grounds for examination; application
Sec 13-4103. Order for examination; notice; proof of service
Sec 13-4104. Attendance of witness; testimony; transmittal
Sec 13-4105. Use of deposition at trial; objection to testimony
Article 25. Deposition of Witness Without the State
Sec 13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial
Sec 13-4112. Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission
Sec 13-4113. Duty of commissioner in executing commission; attachment of section to commission
Sec 13-4114. Receipt and filing of commission; inspection
Sec 13-4115. Use of deposition at trial; objection to testimony
Sec 13-4116. Delivery of commission by agent; inability of agent to deliver
Article 26. Habeas Corpus
Sec 13-4121. Prosecution of writ
Sec 13-4122. Application for writ
Sec 13-4123. Granting of writ; remand of prisoner
Sec 13-4124. Granting writ; time; bail
Sec 13-4125. Direction of writ
Sec 13-4126. Delivery and service of writ
Sec 13-4127. Compelling obedience to writ
Sec 13-4128. Return to writ
Sec 13-4129. Production of prisoner; exception
Sec 13-4130. Hearing on return
Sec 13-4131. Discharge of prisoner
Sec 13-4132. Discharge of prisoner held on process
Sec 13-4133. Effect of defect in form
Sec 13-4134. Defective process or commitment; re-examination
Sec 13-4135. Writ to admit to bail
Sec 13-4136. Remand of prisoner
Sec 13-4137. Custody pending judgment
Sec 13-4138. Disobedience of writ for defect of form
Sec 13-4139. Finality of discharge; exceptions
Sec 13-4140. Warrant for immediate production of person restrained or restraining; grounds
Sec 13-4141. Execution of warrant; return and hearing
Sec 13-4142. Issuance, service and return of writ or process; time; manner; duty of clerk
Sec 13-4143. Charging fee in habeas corpus prohibited
Sec 13-4144. Form of writ
Sec 13-4145. Disobedience of command of writ; classification
Sec 13-4147. Avoidance of command of writ; classification
Article 27. Crime Victim Accounts
Sec 13-4201. Definitions
Sec 13-4202. Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition
Article 28. Retention and Preservation of Biological Evidence
Sec 13-4221. Preservation of biological evidence; retention period; definitions
Article 29. Post-Conviction Relief
Sec 13-4231. Scope of post-conviction relief
Sec 13-4232. Preclusion of post-conviction relief; exceptions; proof
Sec 13-4233. Nature of proceeding and relation to other remedies
Sec 13-4234. Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay
Sec 13-4234.01. Post-conviction relief proceedings; request for extension; victim notification
Sec 13-4235. Contents of petition
Sec 13-4236. Additional pleadings; summary disposition; amendments
Sec 13-4237. Informal conference
Sec 13-4238. Evidentiary hearing
Sec 13-4239. Review
Sec 13-4240. Postconviction deoxyribonucleic acid testing
Article 30. Child Witnesses
Sec 13-4251. Applicability; definition
Sec 13-4252. Recording of testimony
Sec 13-4253. Out of court testimony; televised; recorded
Article 31. Complaints
Sec 13-4261. Law enforcement officer; affidavit; definition
Article 32. Cold Cases
Sec 13-4271. Cold case register; law enforcement agencies; definition
Article 33. Authority to Seize Animals
Sec 13-4281. Animal seizure; notification; forfeiture; bond; hearing; exceptions