Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 9123 (2026)
Duty of Governor with respect to fugitives from justice.
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§ 9123. Duty of Governor with respect to fugitives from justice.
Subject to the provisions of this subchapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this Commonwealth 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 Commonwealth.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1990–2021 · leading case: Commonwealth v. Livengood, 901 A.2d 556 (Pa. Super. Ct. 2006).
Commonwealth v. Livengood, 901 A.2d 556 (Pa. Super. Ct. 2006). “Hence, the Governor of West Virginia did not invoke section 9127; rather, he sought to extradite Appellant pursuant to 42 Pa. C.S. § 9123. Unlike section 9127, section 9123 provides that “it is the duty of the Governor of this Commonwealth to have arrested and delivered up to…”
Rivera v. Algarin, 350 F. App'x 703 (3d Cir. 2009). “As the District Court correctly observed, there is no dispute that Florida’s extradition demand was facially valid. See 42 Pa.C.S.”
Com. v. Plowden, T., No. 143 WDA 2015 (Pa. Super. Ct. Apr. 8, 2016). “42 Pa.C.S. § 9123. The New York UCEA statute mimics this language.”
Com. v. Phillips, C., No. 1761 WDA 2019 (Pa. Super. Ct. June 10, 2021). “See 42 Pa.C.S. § 9123 (“[I]t is the duty of the Governor of this Commonwealth 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…”
Rivera v. Algarin, 350 F. App'x 703 (3d Cir. 2009). “As the District Court correctly observed, there is no dispute that Florida’s extradition demand was facially valid. See 42 Pa.C.S.”
Commonwealth v. Fucci, 581 A.2d 634 (Pa. Super. Ct. 1990). “§§ 9121-9148, under which the person to be extradited is “any person charged in that state with treason, felony or other crime, who had fled from justice and is found in this Common *620 wealth.”
Commonwealth v. Nation, 598 A.2d 306 (Pa. Super. Ct. 1991). “Pursuant to the Uniform Criminal Extradition Act, 42 Pa.C.S. § 9121 et seq., (“the Act”), the Commonwealth must establish the identity of the alleged fugitive by a preponderance of the evidence; this is a necessary prerequisite to extradition.”
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