Extradition Act of 1981

Summary

Extradition Act of 1981 - Amends the Federal criminal code to set forth new procedures governing the extradition of persons to and from the United States for alleged criminal activity. Authorizes only the Attorney General to initiate an extradition complaint. (Current law permits any authority of a foreign government to do so.) Allows the Attorney General to request issuance of a summons rather than an arrest warrant. Requires the release of a person pending the extradition hearing if the evidence and documents required by the applicable treaty have not been filed with the court within 60 days of the arrest. Provides for waiver of the extradition hearing and consent to removal. Permits either party to appeal the findings of the district court on a complaint of extradition to the U.S. court of appeals. Requires the appeal to be heard as soon as practicable. Disallows a habeas corpus petition or other appeal unless the court finds grounds that could not previously have been presented. Authorizes the holding of the individual pending an appeal by the Attorney General upon a showing that the person presents a risk of flight or poses a danger to the community, and that the probability of the appeal's success is high. Authorizes the Secretary of State to determine whether the: (1) foreign state seeks extradition for the purpose of punishing the person on account of political opinions, race, religion, or nationality; and (2) extradition would be incompatible with humanitarian considerations. Authorizes the court to determine whether the foreign state seeks extradition of a person for a political offense. Specifies principles which the court shall follow in making this determination. Authorizes the Secretary of State, upon an order of extradition by the court, to order the surrender of the person to the foreign authorities or to condition surrender on any conditions necessary to comply with an applicable treaty or in the interest of justice. Permits the temporary extradition to the United States of a person whose delivery has been conditioned by a foreign state on such person's return to its custody.

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1 official file

• Introduced in House

  summary · EN · 15 December 1981

  Open at official source

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