House Introduced Bill 6042

HOUSE BILL No. 6042

May 9, 2002, Introduced by Reps. Cameron Brown, Richardville, Birkholz, Vear, Van Woerkom, Voorhees, Patterson, Richner,
Meyer, Pappageorge, Julian, Middaugh, Faunce and Lemmons and referred to the Committee on Criminal Justice.

A bill to amend 1937 PA 144, entitled

"Uniform criminal extradition act,"

by amending sections 6, 15, 16, 18, and 25 (MCL 780.6, 780.15,

780.16, 780.18, and 780.25) and by adding section 23a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 6. Issue of governor's warrant of arrest; its

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recitals. If the governor decides that the demand should be com-

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plied with, he OR SHE shall sign a warrant of arrest, which shall

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be sealed with the state seal, and be directed to any peace offi-

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cer or other person whom he may think WHO THE GOVERNOR DETER-

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MINES IS fit to entrust with the execution thereof OF THE

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WARRANT. The warrant must SHALL substantially recite the facts

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necessary to the validity of its issuance. IF THE PERSON WAS

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RELEASED ON BAIL, THE COURT SHALL IMMEDIATELY REVOKE BAIL AND

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SHALL NOT RELEASE THE PERSON ON BAIL BUT SHALL DETAIN THE PERSON

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SUBJECT ONLY TO HABEAS CORPUS REVIEW.

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Sec. 15. Bail; in what cases; condition of bond. Unless

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the offense with which the prisoner is charged is shown to be an

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offense punishable by death, or BY life imprisonment, OR BY

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IMPRISONMENT FOR 20 YEARS OR MORE under the laws of the state in

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which it was committed OR IS FOR ESCAPING FROM CUSTODY OR

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CONFINEMENT, a judge or magistrate in this state may admit the

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person arrested to bail by bond, with sufficient sureties, and in

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such sum as he deems AN AMOUNT THAT, AFTER REVIEWING THE

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PERSON'S CRIMINAL HISTORY, THE JUDGE OR MAGISTRATE CONSIDERS

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proper, conditioned for his THE PERSON'S appearance before

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him THE COURT at a time specified in such THE bond, and for

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his THE PERSON'S surrender, to be arrested upon the warrant of

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the governor of this state.

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Sec. 16. Extension of time of commitment, adjournment. If

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the accused is not arrested under warrant of the governor by the

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expiration of the time specified in the warrant or bond, a judge

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or magistrate may discharge him THE ACCUSED or may recommit

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him THE ACCUSED for a further period ADDITIONAL PERIODS not

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to exceed A TOTAL EXTENSION OF 60 days, or a judge or magistrate

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judge may again take bail for his THE ACCUSED'S appearance

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and surrender, as provided in section 15, but within a period not

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to exceed 60 days after the date of such ANY new bond.

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Sec. 18. Persons under criminal prosecution in this state

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at time of requisition. If a criminal prosecution has been

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instituted against such A person under the laws of this state

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and is still pending, the governor , in his discretion, either

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may surrender him THE PERSON on demand of the executive author-

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ity of another state or hold him THE PERSON until he OR SHE has

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been tried and discharged or convicted and punished in this

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state. IF A CRIMINAL PROSECUTION HAS BEEN INSTITUTED UNDER THE

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LAWS OF THIS STATE AGAINST A PERSON CHARGED UNDER SECTION 13, THE

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RESTRICTIONS ON THE LENGTH OF COMMITMENT SPECIFIED IN SECTIONS 14

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AND 16 ARE NOT APPLICABLE DURING THE PERIOD THAT THE CRIMINAL

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PROSECUTION IS PENDING IN THIS STATE.

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SEC. 23A. THE COURT MAY ORDER AN INDIVIDUAL WHO IS EXTRA-

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DITED TO THIS STATE FOR COMMITTING A CRIME AND WHO IS CONVICTED

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OF THAT CRIME TO PAY THE ACTUAL AND REASONABLE COSTS OF THAT

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EXTRADITION, INCLUDING, BUT NOT LIMITED TO, ALL OF THE

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FOLLOWING:

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(A) TRANSPORTATION COSTS.

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(B) THE SALARIES OR WAGES OF LAW ENFORCEMENT AND PROSECUTION

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PERSONNEL, INCLUDING OVERTIME PAY, FOR PROCESSING THE EXTRADITION

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AND RETURNING THE INDIVIDUAL TO THIS STATE.

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Sec. 25. Written waiver of extradition proceedings. Any

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person arrested in this state charged with having committed any

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crime in another state or alleged to have escaped from confine-

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ment, or broken the terms of his OR HER bail, probation, or

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parole may waive the issuance and service of the warrant provided

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for in sections 6 and 7 and all other procedure incidental to

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extradition proceedings, by executing or subscribing in the pres-

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ence of a judge of any court of record within this state a

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writing which THAT states that he OR SHE consents to return to

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the demanding state. : Provided, however, That HOWEVER, before

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such THE waiver shall be IS executed or subscribed by
such

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THE person, it shall be the duty of such THE judge to SHALL

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inform such THE person of his OR HER rights to the issuance and

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service of a warrant of extradition and to obtain a writ of

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habeas corpus as provided for in section 9.

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If and when such WHEN A PERSON'S consent has been duly

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executed, it shall forthwith PROMPTLY be forwarded to AND FILED

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IN the office of the governor of this state. and filed therein.

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The judge shall direct the officer having such THE person in

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custody to PROMPTLY deliver forthwith such THE person to the

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duly accredited agent or agents of the demanding state, and

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shall deliver or cause to be delivered to such THAT agent or

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agents a copy of such THE PERSON'S consent.

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IF A WAIVER IS EXECUTED, THE JUDGE SHALL REMAND THE PERSON

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TO CUSTODY WITHOUT BAIL. THE ORDER SHALL DIRECT THE OFFICER

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HAVING THE PERSON IN CUSTODY TO DELIVER THE PERSON TO THE DULY

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AUTHORIZED AGENT OF THE DEMANDING STATE TOGETHER WITH A COPY OF

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THE ORDER AND THE WAIVER.

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