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MT HB535

Bill

Status

Passed

5/5/2025

Primary Sponsor

Greg Overstreet

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Adds new definitions to Montana's Uniform Criminal Extradition Act, including "governor's warrant of arrest and rendition," "requisition," and "waiver of extradition," and expands "executive authority" to include federally recognized Indian tribes throughout the United States

  • Allows electronic transmission of a copy or abstract of the governor's warrant to expedite service, with the copy having the same legal effect as the original

  • Establishes that a governor's warrant of arrest and rendition is presumed valid, requiring the person to be held in custody without bail unless a court finds: the person is misidentified, not a fugitive, has no pending charges, or documents are facially defective

  • Sets transfer timelines according to the federal Extradition Act (18 U.S.C. 3182) as of December 17, 2024, with timelines tolled if the person faces pending prosecution in Montana

  • Requires persons returned to Montana after extradition to appear before the warrant-issuing judge before bail consideration and makes them liable for restitution of transport costs incurred by governmental entities

Legislative Description

Revise the uniform criminal extradition act

Criminal Procedure

Last Action

Chapter Number Assigned

5/8/2025

Committee Referrals

Judiciary3/6/2025
Judiciary2/18/2025

Full Bill Text

No bill text available