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Session Laws, 2003
Volume 799, Page 641   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

DEFENSE FORCE SHALL SURRENDER WITHOUT UNNECESSARY DELAY AN
INDIVIDUAL APPREHENDED IN ANOTHER STATE TO THE MILITARY OR LAW
ENFORCEMENT FORCE OF:

(I)      THE STATE OF APPREHENSION; OR

(II)     THE UNITED STATES.

(2) THE SURRENDER OF AN INDIVIDUAL APPREHENDED UNDER
PARAGRAPH (1) OF THIS SUBSECTION TO THE MILITARY OR LAW ENFORCEMENT
FORCES OF ANOTHER STATE IS NOT A WAIVER BY THIS STATE OF THE RIGHT TO
EXTRADITE OR PROSECUTE THE INDIVIDUAL FOR A CRIME COMMITTED IN THIS
STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 68.

Throughout this section, the references to a "law enforcement" force or
forces are substituted for the former references to a "police" force or forces
for conformity with other provisions of this title. See, e.g., §§ 13-402 and
13-507 of this title.

In subsection (a) of this section, the former reference to "boundaries" is
deleted as implicit in the reference to service "outside the State".

In subsection (b) of this section, the former references to the Governor's
"discretion" are deleted as implicit in the word "may".

In subsection (b)(2) of this section, the reference to a recall "from the other
state" is added for clarity.

In subsections (c)(1) and (2) and (d)(1) of this section, the former references
to "captured" and "capture" are deleted as implicit in the references to
"apprehended", "apprehend", and "apprehension".

In the introductory language of subsection (c) of this section, the reference
to pursuit "outside" of this State is substituted for the former reference to
pursuit "beyond the borders" of this State for brevity.

In subsection (c)(1) of this section, the former reference to "enemy forces" is
deleted as included in the reference to "enemies".

Also in subsection (c)(1) of this section, the former reference to individuals
apprehended "by such organization, unit, or detachment" is deleted as
surplusage.

In subsection (c)(2) of this section, the reference to "insurrectionists,
saboteurs, or enemies" is substituted for the former reference "such
persons" for clarity.

In the introductory language of subsection (d)(1) of this section, the
reference to an "individual" is substituted for the former reference to "such
persons". See General Revisor's Note to title.

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Session Laws, 2003
Volume 799, Page 641   View pdf image
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