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MT HB535
Bill
Status
5/5/2025
Primary Sponsor
Greg Overstreet
Click for details
AI Summary
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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
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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
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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
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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
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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