Section 10-1303 - Procedures. - Maryland Statutes

§ 10-1303. Procedures.
 

(a)  Duties of Governor.-  

(1) This subsection applies whenever the executive authority of any state: 

(i) Demands of the Governor, a fugitive within the purview of § 10-1302 of this subtitle; and 

(ii) Produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be a fugitive. 

(2) The Governor shall: 

(i) Cause a person subject to this subsection to be apprehended and secured, if found in this State; 

(ii) Cause immediate notice of the apprehension to be given to the executive authority making a demand for the person, or to the agent of the executive authority appointed to receive the fugitive; and 

(iii) Cause the fugitive to be delivered to the agent when the agent appears. 

(b)  Failure of agent to appear.- If an agent does not appear within 30 days from the time of the apprehension, the fugitive may be discharged. 

(c)  Demanding state to pay costs.- All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand for the fugitive shall be paid by the demanding state. 

(d)  Authority of agent.- Any agent so appointed who receives the fugitive into custody shall be empowered to transmit the fugitive to the state from which the fugitive has fled. 

(e)  Reciprocal power.- On application of any person interested, the Governor may demand the return to this State of any fugitive within the purview of this subtitle. 
   
Revisor's Note.

    Chapter 10, Acts of 2001, which enacted the Criminal Procedure Article, also enacted this section, which formerly was Art. 41, § 2-304. It is tabulated for clarity. 
 

In subsections (a) (1) (i) and (2) and (e) of this section, the references to the "Governor" are substituted for the former references to the "executive authority of this State" for brevity. 
 

The only other changes are in style. 
  Defined Terms.

   
 
"Executive authority"                                              § 10-1301

    "Flee"                                                          § 10-1301

    "Person"                                                          § 1-101

    "State"                                                           § 1-101
 

[2001, ch. 10, § 5.]