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Section 9122 – Definitions

§ 9122. Definitions. The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: “Executive authority.” Includes the Governor and any person performing the functions of Governor in a state other than this Commonwealth. “Governor.” Includes any person performing the […]

Section 9123 – Duty of Governor with respect to fugitives from justice

§ 9123. Duty of Governor with respect to fugitives from justice. Subject to the provisions of this subchapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this Commonwealth to have arrested and delivered up […]

Section 9124 – Form of demand

§ 9124. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime) that the accused […]

Section 9125 – Governor may investigate case

§ 9125. Governor may investigate case. When a demand shall be made upon the Governor of this Commonwealth by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this Commonwealth to investigate or assist in […]

Section 9128 – Issue by Governor of warrant of arrest

§ 9128. Issue by Governor of warrant of arrest. If the Governor decides that the demand should be complied with he shall sign a warrant of arrest which shall be sealed with the State seal and be directed to any peace officer or other person whom he may think fit to entrust with the execution […]

Section 9129 – Manner and place of execution

§ 9129. Manner and place of execution. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within this Commonwealth and to command the aid of all peace officers or other persons in the execution of the […]

Section 9130 – Authority of arresting officer

§ 9130. Authority of arresting officer. Every such peace officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their […]

Section 9131 – Rights of accused person

§ 9131. Rights of accused person. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this Commonwealth who shall inform him of the […]

Section 9132 – Penalty for noncompliance

§ 9132. Penalty for noncompliance. Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the warrant of the Governor in willful disobedience to section 9131 (relating to rights of accused person) shall commit a misdemeanor of the third degree.

Section 9133 – Confinement in jail

§ 9133. Confinement in jail. (a) General rule.–The officer or persons executing the Governor’s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city or borough through which he may pass, and the […]

Section 9134 – Arrest prior to requisition

§ 9134. Arrest prior to requisition. Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other state, and, except in cases arising under section 9127 (relating to extradition of persons not […]

Section 9135 – Arrest without a warrant

§ 9135. Arrest without a warrant. The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, […]

Section 9136 – Commitment to await requisition

§ 9136. Commitment to await requisition. If from the examination before the judge or issuing authority it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of […]

Section 9137 – Bail

§ 9137. Bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or issuing authority in this Commonwealth may admit the person arrested to bail by bond with sufficient sureties […]

Section 9138 – Extension of time of commitment

§ 9138. Extension of time of commitment. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or issuing authority may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge or […]

Section 9139 – Forfeiture of bail

§ 9139. Forfeiture of bail. If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or issuing authority by proper order shall declare the bond forfeited and order his immediate arrest without warrant if he be within this Commonwealth. Recovery may be […]