LD 1265
pg. 1
LD 1265 Title Page An Act to Clarify the Criminal Extradition Laws Page 2 of 2
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LR 2079
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §210, first ¶, as amended by PL 1997, c. 181, §1, is
further amended to read:

 
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.

 
Sec. 2. 15 MRSA §213, sub-§2, as enacted by PL 1977, c. 671, §12, is
amended to read:

 
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.

 
Sec. 3. 15 MRSA §214 is amended to read:

 
§214. Arrest without warrant; hearing

 
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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