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

 
and complaint must be made against him the person under oath
setting forth the ground for the arrest as in section 213.
Thereafter his the person's answer shall must be heard as if he the
person had been arrested on a warrant.

 
Sec. 4. 15 MRSA §215, first ¶, as enacted by PL 1977, c. 671, §13, is
amended to read:

 
The judge or magistrate shall conduct an examination of the
person arrested pursuant to section 213 or 214 at the person's
initial appearance in accordance with the Maine Rules of Criminal
Procedure, Rule 5 or within a reasonable time not to exceed 30
days if the person has not been admitted to bail as provided in
section 216. If, from the examination by the judge or magistrate
of the complaint, affidavits in support thereof, formal charging
documents or judgments supplied by the demanding state or any
other evidence, including reliable hearsay evidence, which that
may be presented, it appears that the person held is the person
charged with having committed the crime alleged and that there is
probable cause to believe that he the person committed the crime,
and that he the person is a fugitive from justice, the judge or
magistrate shall continue the case and may commit the person to
jail, by a warrant specifying the accusation, for any time not
exceeding 60 days which that will enable the arrest of the
accused person to be made under a warrant of the Governor on a
requisition of the executive authority of the state having
jurisdiction of the offense.

 
Sec. 5. 15 MRSA §215, last ¶, as enacted by PL 1977, c. 671, §13, is
repealed.

 
SUMMARY

 
This bill amends the criminal extradition laws by requiring a
judge to inform the person arrested of the person's right to
waive extradition. The bill also requires a judge or magistrate
to conduct an examination of the person arrested at the time of
the person's initial appearance in court.


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