SENATE BILL NO. 1163

A bill to amend 1937 PA 144, entitled

"Uniform criminal extradition act,"

by amending sections 1, 2, 3a, 5, and 12 (MCL 780.1, 780.2, 780.3a, 780.5, and 780.12).

the people of the state of michigan enact:

Sec. 1. Definitions. Where appearing As used in this act: , the term "governor" includes

(a) "Executive authority" means the governor, and any person performing the functions of governor in a state other than this state.

(b) "Governor" means any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state,"

(c) "Legally protected health activity" means seeking, providing, receiving, or referring for reproductive health services; assisting in seeking, providing, or receiving reproductive health services; providing material support for traveling to receive reproductive health services; or other similar conduct, that is not unlawful in this state, including under any theory of vicarious, joint, several, or conspiracy liability, to the extent the activity is not in violation of the state constitution of 1963 or other law of this state, and if the provider is physically present in this state.

(d) "Reproductive health services" means all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the state constitution of 1963 and the laws of this state, whether provided in person or by means of telehealth or telehealth services, which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management or the termination of a pregnancy, and self-managed terminations.

(e) "State", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.

Sec. 2. Fugitives from justice; duty of governor. Subject to the provisions of this act, the provisions of the constitution Constitution of the United States controlling, and any and all acts of congress Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. Nothing in this section limits any person's right to move freely between states or to enjoy the privileges and immunities of this state, and no person shall be arrested or delivered up to the executive authority of any other state of the United States for acts committed in this state or services received in this state involving a legally protected health activity.

Sec. 3a. (1) The Subject to subsection (2), the governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 3 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent shall apply to such those cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom, and the requirements contained in subdivisions (d) and (e) of section 3 of this act section 3(2)(d) and (e) shall not apply to such those cases.

(2) Nothing in this section limits any person's right to move freely between states or to enjoy the privileges and immunities of this state, and no person shall be surrendered to the executive authority of any other state for acts involving a legally protected health activity.

Sec. 5. (1) Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion. When it is desired to have returned to this state a person charged in this state with a crime, and such the person is imprisoned or is held under criminal proceedings then pending against him the person in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such the person before the conclusion of such proceedings or his the person's term of sentence in such the other state, upon condition that such the person be returned to such the other state at the expense of this state as soon as the prosecution in this state is terminated.

(2) The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 22 of this act with having violated the laws of the state whose executive authority is making the demand, even though such the person left the demanding state involuntarily except that a person may not be surrendered for acts committed in this state or services received in this state involving a legally protected health activity.

Sec. 12. Arrest prior to requisition. Whenever any person within this state shall be is charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state other than a crime arising from acts committed in this state or services received in this state involving a legally protected health activity and , except in cases arising under section 3a, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his the person's bail, probation, or parole, or whenever a complaint shall have has been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such the other state and that the accused has been charged in such the other state with the commission of the crime , and , except in cases arising under section 3a, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his the person's bail, probation, or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him the peace officer to apprehend the person named therein, wherever he the person may be found in this state, and to bring him the person before the same or any other judge, magistrate, or court who or which may be that is available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall must be attached to the warrant.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1164.____ or House Bill No.____ (request no. 03429'23) of the 102nd Legislature is enacted into law.