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§ 10-368. Conditions of rendition

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part VIII. Interstate Rendition (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-368
Formerly cited as MD FAMILY § 10-356
§ 10-368. Conditions of rendition
Conditions under which the Governor may demand extradition
(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this subtitle or that the proceeding would be of no avail.
Conditions under which the Governor may delay honoring the demand for extradition
(b) If, under this subtitle or a law substantially similar to this subtitle, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
Conditions under which the Governor may decline honoring the demand for extradition
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the plaintiff prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.

Credits

Added as Family Law § 10-345 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-356 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 2008, c. 522, § 1, eff. Oct. 1, 2008. Renumbered as Family Law § 10-368 by Acts 2015, c. 308, § 1, eff. July 1, 2015.
MD Code, Family Law, § 10-368, MD FAMILY § 10-368
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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