No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this Commonwealth who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel, and, if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody and to the said agent of the demanding state.
Cross References. Section 9131 is referred to in sections 9132, 9146 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 91 - Detainers and Extradition
Section 9101 - Agreement on detainers
Section 9102 - Appropriate court
Section 9103 - Enforcement and cooperation
Section 9104 - Second and subsequent offenses
Section 9106 - Duty of warden or other official
Section 9107 - Administrator and information agent
Section 9108 - Transmission of subchapter
Section 9121 - Short title of subchapter
Section 9123 - Duty of Governor with respect to fugitives from justice
Section 9125 - Governor may investigate case
Section 9127 - Extradition of persons not present in demanding state at time of commission of crime
Section 9128 - Issue by Governor of warrant of arrest
Section 9129 - Manner and place of execution
Section 9130 - Authority of arresting officer
Section 9131 - Rights of accused person
Section 9132 - Penalty for noncompliance
Section 9133 - Confinement in jail
Section 9134 - Arrest prior to requisition
Section 9135 - Arrest without a warrant
Section 9136 - Commitment to await requisition
Section 9138 - Extension of time of commitment
Section 9139 - Forfeiture of bail
Section 9140 - Persons under criminal prosecution in this Commonwealth at time of requisition
Section 9141 - Inquiry into guilt or innocence of accused
Section 9142 - Governor may recall warrant or issue another
Section 9143 - Duty of Governor in case of fugitives from this Commonwealth
Section 9144 - Issuance of requisition
Section 9144.1 - Payment of expenses, costs and fees
Section 9145 - Immunity from service of process in certain civil actions
Section 9146 - Written waiver of extradition proceedings
Section 9146.1 - Presigned waiver of extradition
Section 9147 - Nonwaiver by Commonwealth
Section 9148 - Liability to further criminal prosecutions
Section 9161 - Arrest prior to requisition
Section 9162 - Arrest without a warrant
Section 9163 - Commitment to await requisition