                                 CODE OF VIRGINIA

CONDITIONS OF RENDITION (§ 20-88.80)

A. Before making a demand that the governor of another state surrender an
individual charged criminally in the Commonwealth with having failed to provide
for the support of an obligee, the Governor of the Commonwealth may require a
prosecutor of the Commonwealth to demonstrate that at least 60 days previously
the obligee had initiated proceedings for support pursuant to this chapter or
that the proceeding would be of no avail.

B. If, under this chapter or a law substantially similar to this chapter, the
governor of another state makes a demand that the Governor of the Commonwealth
surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of support
is owed, the Governor may require a prosecutor to investigate the demand and
report whether a proceeding for support has been initiated or would be
effective. If it appears that a proceeding would be effective but has not been
initiated, the Governor may delay honoring the demand for a reasonable time to
permit the initiation of a proceeding.

C. If a proceeding for support has been initiated and the individual whose
rendition is demanded prevails, the Governor may decline to honor the demand. If
the petitioner prevails and the individual whose rendition is demanded is
subject to a support order, the Governor may decline to honor the demand if the
individual is complying with the support order.

HISTORY: 1994, c. 673; 2005, c. 754.