Summary: H.R.6046 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House amended, Part I (06/24/1982)

(Reported to House from the Committee on the Judiciary with amendment, H.Rept. 97-627(Part I))

Extradition Act of 1982 - Amends the Federal criminal code to set forth new procedures governing the extradition of persons 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.)

Establishes criteria for use by the Secretary of State in determining which of several complaints for the same person to honor.

Permits the filing of a complaint in the District of Columbia Federal Court if the location of the person is unknown.

Allows the Attorney General to request issuance of a summons rather than an arrest warrant.

Requires the court to order the person detained during the first ten days following his arrest, unless such person shows by the preponderance of the evidence that: (1) he or she presents no substantial risk of flight; (2) he or she does not endanger any person or the community; or (3) no foreign treaty relationship will be jeopardized.

Requires the prehearing release of a person if the evidence and documents required by treaty are not filed with the court within 60 days of the arrest.

Sets forth general standards for prehearing release of persons arrested for purposes of extradition. Requires the release of such persons unless the Government shows by the preponderance of the evidence that release will not: (1) assure such person's appearance; (2) assure the safety of another person or the community; or (3) carry out U.S. treaty obligations.

Permits the Attorney General to appeal a decision of release or seek the revocation of release.

Provides for waiver of the extradition hearing and consent to removal.

Entitles persons subject to extradition hearings to representation by counsel and indigents to appointment of counsel.

Amends the "dual criminality requirement" to require that at least one of the alleged crimes for which extradiction is sought be punishable by more than one year's imprisonment, or in the case of a person already convicted, that more than 180 days of the sentence remain to be served, in one of the states. Requires additionally that the offense would be punishable under Federal law, the majority of State laws, or in the State where the fugitive is found.

Authorizes the Federal court, as under current law, to determine whether the foreign state seeks extradition of a person for a "political offense." Requires the person to establish the political offense exception by a preponderance of the evidence. Requires the court to determine whether the person is otherwise extraditable before receiving any such evidence.

Continues current law permitting the Secretary of State to determine whether extradition is sought on account of the person's political opinions, race, religion, or nationality.

Permits either party to appeal the findings of the district court on a complaint of extradition to the U.S. court of appeals. (Neither side may appeal under current law.)

Requires detention pending appeal of a person found extraditable unless such person establishes that the probability of success on appeal is great and that: (1) he or she presents no substantial risk of flight and does not endanger any person or the community; and (2) no foreign treaty relationship will be jeopardized.

Authorizes the United States to cooperate in the transit of persons through the United States for extradition from one foreign state to another.

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.

Charges the U.S. Supreme Court with prescribing rules governing extradition practice and procedure.