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. Permits release of a person pending the extradition hearing upon a showing of "special circumstances" to the court. Requires the court to impose conditions of release that will assure the person's appearance and the safety of the community and any other person. 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. Permits release of a person who has been found extraditable pending appeal upon a showing of "special circumstances" to the court of appeals (current law does not authorize such release). Authorizes the Secretary of State to decline to order the surrender of a person who has been found extraditable if the Secretary determines that the foreign state seeks extradition for a political offense. Prohibits any court from making such a determination. Authorizes 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. Codifies other current practices with respect to hearing and notice requirements for extradition proceedings.

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1 official file

• Introduced in Senate

  summary · EN · 18 September 1981

  Open at official source

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