| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 15 MRSA §210, first ¶, as amended by PL 1997, c. 181, §1, is | further amended to read: |
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| | A person arrested upon a Governor's warrant may not be | delivered over to the agent whom the executive authority | demanding the person has appointed to receive the person, unless | the person is first taken before a judge of a court of record in | this State, who shall inform the person of the demand made for | the person's surrender and of the crime with which the person is | charged and that the person has the right to demand and procure | legal counsel. The judge shall inform the person arrested upon | the Governor's warrant of the person's right to waive extradition | in accordance with section 226. If the prisoner or the | prisoner's counsel states that the prisoner may or will contest | extradition, the judge shall fix a reasonable time, not to exceed | 7 days, to allow the person to file a petition contesting | extradition. The petition must be filed in District Court and | state the grounds upon which extradition is contested. When the | petition is filed, notice of it and of the court shall promptly | set a time and place of for the hearing and notice must be given | to the prosecuting attorney of for the county in which the arrest | is made and in which the accused is in custody, to the Attorney | General and to the agent of the demanding state. |
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| | Sec. 2. 15 MRSA §213, sub-§2, as enacted by PL 1977, c. 671, §12, is | amended to read: |
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| | 2. Apprehension by warrant. A warrant issued by a judge or | magistrate pursuant to subsection 1 shall must command the law | enforcement officer to whom it is directed to apprehend the | person named therein in the warrant, wherever he may be found in | this State, and, in accordance with the Maine Rules of Criminal | Procedure, Rule 5, to bring him the person before the same or any | other a judge or magistrate who may be available in or convenient | of access to the place where the arrest may be is made, to answer | the charge on the complaint and affidavit. |
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| | Sec. 3. 15 MRSA §214 is amended to read: |
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| §214. Arrest without warrant; hearing |
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| | The arrest of a person may be lawfully made by an officer or a | private citizen without a warrant, upon reasonable information | that the accused person stands charged in the courts of another | state with a crime punishable by death or imprisonment for a term | exceeding one year; but when so arrested, the accused person must | be taken before a judge or magistrate with all practicable speed | in accordance with the Maine Rules of Criminal Procedure, Rule 5, |
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