Extradition Act of 1984

(Measure failed of passage in House under suspension of the rules, roll call #386 (103-307))

Extradition Act of 1984 - Amends the Federal criminal code to set forth new procedures governing the extradition of persons from the United States for alleged criminal activity.

Authorizes only the Attorney General to initiate an extradition complaint. (Current law permits any authority of a foreign government to do so.)

Establishes criteria for use by the Secretary of State in determining which of several complaints for the same person to honor.

Permits the filing of a complaint in U.S. District Court for the District of Columbia if the location of the person is unknown.

Allows the Attorney General to request issuance of a summons rather than an arrest warrant.

Requires the court to order the person detained during the first ten days following his arrest, unless such person shows by the preponderance of the evidence that: (1) he or she presents no substantial risk of flight; and (2) he or she does not endanger any person or the community. Requires the court to consider whether a detention order will jeopardize a foreign treaty relationship.

Requires the prehearing release of a person if the evidence and documents required by treaty are not filed with the court within 60 days of the arrest.

Sets forth general standards for prehearing release of persons arrested for purposes of extradition. Requires the release of such persons unless the Government shows by the preponderance of the evidence that release will not: (1) assure such person's appearance; or (2) assure the safety of another person or the community.

Permits the Attorney General to appeal a decision of release or seek the revocation of release.

Provides for waiver of the extradition hearing and consent to removal.

Entitles persons subject to extradition hearings to representation by counsel and indigents to appointment of counsel.

Amends the "dual criminality requirement" to require that the alleged crime for which extradition is sought be punishable by more than one year's imprisonment, or in the case of a person already convicted, that more than 180 days of the sentence remain to be served in one of the States. Requires additionally that the offense would be punishable under Federal law, the majority of State laws, or in the State where the fugitive is found.

Authorizes the district court, as under current law, to determine whether the foreign state seeks extradition of a person for a "political offense." Adds to political offense prosecution or punishment because of race, religion, sex, nationality, or membership in a particular social group. Requires the person to establish an exception by a preponderance of the evidence. Allows as a defense, if the showing can be made, that as a result of extradition such person would be subjected to fundamental unfairness. Requires the court to determine whether the person is otherwise extraditable before receiving any such evidence. Requires the Federal Government to disclose to the court, unless disclosure is prohibited by law, any information it has that would tend to establish the validity of such a defense.

Permits either party to appeal the findings of the district court on a complaint of extradition to the U.S. court of appeals. (Neither side may appeal under current law.)

Requires detention pending appeal of a person found extraditable unless such person establishes that the probability of success on appeal is great and that: (1) he or she presents no substantial risk of flight and does not endanger any person or the community; and (2) no foreign treaty relationship will be jeopardized.

Authorizes the United States to cooperate in the transit of persons through the United States for extradition from one foreign state to another.

Permits the temporary extradition to the United States of a person whose delivery has been conditioned by a foreign state on such person's return to its custody.

Charges the U.S. Supreme Court with prescribing rules governing extradition practice and procedure.