(a) General rule.--Any person arrested in this Commonwealth charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in section 9128 (relating to issue by Governor of warrant of arrest) and section 9129 (relating to manner and place of execution) and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this Commonwealth a writing which states that he consents to return to the demanding state. Before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus, as provided in section 9131 (relating to rights of accused person).
(b) Action following waiver.--If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this Commonwealth and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.
(c) Effect of section.--Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this Commonwealth.
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