H.B. 270

1

AMENDMENTS TO EXTRADITION STATUTE
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott L Wyatt
5 Senate Sponsor: Darin G. Peterson
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 77, Chapter 30, Extradition, regarding persons in Utah who
10 have violated a parole or probation agreement entered into with another state.
11 Highlighted Provisions:
12 This bill:
13 . provides that a person in Utah who has violated a probation, parole, bail, or other
14 release agreement the person entered into with another state may be delivered to the
15 demanding state without the need for a governor's warrant of extradition;
16 . provides that Utah may, prior to returning the person to the demanding state, try the
17 person for any offenses the person committed in Utah; and
18 . clarifies that the person may return voluntarily to the demanding state.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 77-30-26.5, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 77-30-26.5 is enacted to read:
29 77-30-26.5. Person who has violated parole or probation agreement with
30 demanding state.
31 (1) A law enforcement agency that is holding a person subject to extradition based on
32 having allegedly violated the terms of the person's probation, parole, bail, or other terms of
33 release in the demanding state shall immediately deliver the person to the authorized agent of
34 the demanding state. A governor's warrant is not required in order to return the person if:
35 (a) the person has previously signed a waiver of extradition as a term of the person's
36 probation, parole, bail, or other terms of release in the demanding state;
37 (b) the law enforcement agency holding the person has received:
38 (i) an authenticated copy of the prior waiver of extradition signed by the person; and
39 (ii) a photograph and fingerprints identifying the person as the person who signed the
40 waiver.
41 (2) Utah may, prior to delivering a person to the demanding state, prosecute the person
42 for any criminal offense committed in Utah.
43 (3) This section does not affect or limit:
44 (a) the right of the person sought by the demanding state to return to the demanding
45 state voluntarily and without governmental action;
46 (b) the authority of the law enforcement or parole officers of Utah or the demanding
47 state; or
48 (c) any procedures regarding waiver of extradition under Title 77, Chapter 30,
49 Extradition.




Legislative Review Note
as of 1-15-07 5:10 PM

Office of Legislative Research and General Counsel