46-30-101. Definitions, MCA

Montana Code Annotated 2025

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 30. UNIFORM CRIMINAL EXTRADITION ACT

Part 1. General Provisions

Definitions

46-30-101. Definitions. As used in this chapter, the term:

(1) "executive authority" includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a federally recognized Indian tribe within the United States;

(2) "governor" includes any person performing the functions of governor by authority of the law of this state;

(3) "governor's warrant of arrest and rendition" refers to the warrant issued by the governor authorizing the extradition of the person to another state;

(4) "requisition" refers to the formal, written extradition demand in the form of a warrant issued by the governor or by the executive authority of a demanding state;

(5) "state", when referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the United States;

(6) "waiver of extradition" means a written agreement stipulating the person's consent to be transported to a demanding state through a voluntary waiver of the person's right to provisions relating to bail, the issuance and service of the governor's warrant of arrest and rendition, and the right to obtain a writ of habeas corpus.

History: En. 95-3101 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3101; amd. Sec. 1, Ch. 379, L. 1991; amd. Sec. 1770, Ch. 56, L. 2009; amd. Sec. 3, Ch. 455, L. 2025.