Attorney General Opinion WW-0027

February .8; um’ Hon. J. E. Winfree, Chairman : Committee on' Crilninal'Jiulsprudcnae House of.Representatives Austin, Texas Opinion No. w-27’ Rer Effect on extradition proceedings of H. B. ,57,'which,would amend I Art. 662, V,. P.'C., so a8 to reduoe the first offense of wife ahild desertion Dear Mr. Uinfree: .' mlpdemeanor. Your request for an opln~ion reads as follows: and to a would'the reduatlon of the penalty for the firstoffense of'wife and 6hlld desertion from a felony to a misdemeanor, have an adverse effecton extradition proceedings and make~lt.more.dlffl- cult to obtain extradition under the Uniform Re- ciprocal Enforcement of Support Act?" This,opinlon is' limited to the.legal effect on extradition proceedings, and does not purport to comment on the praotlaal-' effect on such prooeedings, if any; which may arise as a result of'reduolng the first offense of wife and child desertion to a mis- demeanor. The seatlon of the Uniform Reciprocal Enforcement of Support Act,pertalnlng to the extradition of persons charged with failure to provide support (Sec. 5, Artbcle 2328b-2, Vernon's Civil Statutes) describes the offense as'a crime. It does not distinguish between a felknv and a.misdemeanor.TheUnlform Criminal Extradition Aot (Articl; 1008a, V. C. d. P.) provides for the inter-state~~retdtic of "any person charged with-treason, felony, or other orime. phasis added.~) "The word 'crime' of itself includes every offense, from the highest to the lowest in grade of offenses, and includes what are called %isdemeanorst as well as treason and felony." .Ex arte Kentucky v. Dennison, U. S. Sup. Ct., 24 How. 66, 16 L. Edm7 X%1). w Hon. J. E. Winfree, page 2: ,(W-27) The use of the word orime in the Uniform Criminal Extradition Act Includes 'misdemeam as extraditable offenses. Ex Es+& Ct. Crim:App. Tex '276's. Y 2d 2'84 (1955) -&%%d cr mew therefore, as used'in'the Unl)or%s Recl~boal'Enforbement upport Aot, inoludes misdemeanors as well,~as felonies. -' I . ., ,., Sea. 24;'Artiole 10088, V. C.,O. Pi, provides the method of paying the,neoessarg'caxpenses' of'the 'state's agent' who re- - turns a fngitive"to Texas; ,Since Artiole 1008a includes a fugi- tive who has aommitted a misdemeanor as swell as one who has cosmiitted a felony, pkynient of the expenses of'the state's agent to return to Texas~one charged"with a misdemeanor is authorized, If allowed by the county oommlssloners court. Sec. 14, Article IOO8a, V. C. C. P., provides that arrest without warranty for purposes of extradition may be made only h the aooused stands charged with a drime punishable by zezi:'or imprisonment for a term exaeeding one (1) year. It is recommended, therefore, that the maximum punishment to be affix- ed to the offense be set at imprisonme~nt for a period In excess of one year in order to facilitate arrest. All states and territorles,'except New'York and the Virgin Islands, have now enacted the Uniform Reclproaal'Enforcement of Support Act. New York and the Vlrgln Islands have adopted The Uniform Support of Dependents Law, "whioh is sufficiently simi- lar to'the Uniform Reoiprocal Enforaement of Support Act to per- mit reaiprocity between those states whiah have adopted either law." Vol. 9A, Uniform Laws Annotated. We hold, therefore, that the reduation of the Penalty for first offense of wife and child desertion from a felony to ~8 misdemeanor will not have an adverse effeot on extradition pro- aeediiigs, as long as the act provides for a punishment exaeeding one year. Hon. J. E. Winfree, page 3: (WU-27) REFrms APPROVED: OPINION COMMITTEE H. Grady Chandler Chairman SUMMARY Reduction of‘penaltg for first offense of wife &nd cihlld'desetition from a felony to a miademetinor ~111 not have ati adverse effect on extradition'prb'- oetidings, as"long tit5 the, 8ct'provides for a punishment exceeding one year. Yours very truly, 'WILL WILSON Attorney General Riley Eugene Fletcher Assistant'