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§ 9-124. Waiver of extradition proceedings

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 9. Extradition (Refs & Annos)
MD Code, Criminal Procedure, § 9-124
§ 9-124. Waiver of extradition proceedings
Waiver of issuance and service of warrant and other incidental procedures
(a)(1) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 9-107 and 9-108 of this title, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing that states that the person consents to return to the demanding state.
(2) Before a waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of the right to the issuance and service of a warrant of extradition and the right to obtain a writ of habeas corpus as provided in § 9-110 of this title.
Execution of consent
(b)(1) If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this State and filed therein.
(2) The judge shall:
(i) direct the officer having the person in custody to deliver forthwith the person to a duly accredited agent of the demanding state; and
(ii) deliver or cause to be delivered to the agent a copy of the consent.
Right of accused person to return voluntarily to demanding state
(c)(1) This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state.
(2) This waiver procedure is not an exclusive procedure and does not limit the powers, rights, or duties of the officers of the demanding state or of this State.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 41, § 2-224.
MD Code, Criminal Procedure, § 9-124, MD CRIM PROC § 9-124
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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