1     
EXTRADITION TOLLING AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the tolling for an extradition waiver if a defendant is subject to
10     criminal charges in this state.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a defendant's waiver of extradition to be tolled while a defendant is subject
14     to criminal charges in this state.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          77-30-19, as enacted by Laws of Utah 1980, Chapter 15
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 77-30-19 is amended to read:
25          77-30-19. Procedure if prosecution pending in this state.
26          (1) If a criminal prosecution has been instituted against [such person] a defendant
27     under the laws of this state and is still pending, the governor[, in his discretion,] may either
28     surrender [him] the defendant on demand of the executive authority of another state or hold
29     [him until he] the defendant until the defendant has been tried and [discharged or] either
30     convicted and [punished] sentenced, or acquitted in this state.
31          (2) The period of time for extradition shall be tolled when local charges are pending in
32     this state. The defendant's waiver is unenforceable until the defendant is timely tried and either
33     convicted and sentenced, or acquitted in this state.