§ 16-112-106 — Service of writ

(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody. (b) If the person upon whom the writ ought to be served conceals himself or herself or refuses admittance to the person attempting the service, it may be served by affixing a copy of the writ in some conspicuous place on the outside either of the dwelling house or jail, or place where the party is confined. (c) Anyone having in his or her custody or under his or her power any person for whose relief a writ of habeas corpus shall have been issued or who is entitled to a writ of habeas corpus to inquire into the cause of his or her detention who shall transfer the person to the custody of another or place the person under the control or power of another, conceal the person, or change the place of the person's confinement with the intent to elude the service of the writ shall be guilty of a Class A misdemeanor and shall pay the party injured five hundred dollars ($500).

Legislative History

Rev. Stat., ch. 73, art. 2, § 2; Rev. Stat., ch. 73, art. 4, §§ 13, 16; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5097, 5098, 5108; Pope's Dig., §§ 6360, 6361, 6371; A.S.A. 1947, §§ 34-1713 -- 34-1715; Acts 2005, No. 1994, § 225.