Committee hears bill to modernize Montana extradition law
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Summary
House Bill 535 would update Montana’s extradition statute, clarifying types of warrants and the meaning of waiving extradition. Supporters said the change removes ambiguities that have caused inconsistent practice among sheriffs, county attorneys and judges.
House Bill 535 would modernize Montana’s extradition statute — much of which dates to 1947 — by clarifying terminology and procedural gaps that have generated confusion among law enforcement, county attorneys and judges, the governor’s office told the Judiciary Committee.
Anita Milanovich of the governor’s office said recurring problems arise because the current statute mixes different types of governor’s warrants (requisition, arrest and rendition) without explicitly stating which sections apply to which warrant. The bill adds definitions for requisition and rendition warrants and clarifies that a defendant who waives extradition does not automatically remove the need to hold and transport the fugitive; the waiver simply removes the contested extradition hearing.
The Montana Sheriffs and Peace Officers Association and the County Attorneys Association testified in favor, calling the bill “common sense” and urging the committee to pass the modernization.
No opponents appeared in committee and the sponsor waived closing remarks; the bill will proceed for further consideration.