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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9140 (2026)

 Persons under criminal prosecution in this Commonwealth at time of requisition.

✓ current as of May 2026
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§ 9140.  Persons under criminal prosecution in this Commonwealth at time of requisition.

If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor in his discretion either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this Commonwealth.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2009–2025 · leading case: Rivera v. Algarin, 350 F. App'x 703 (3rd Cir. 2009).
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Rivera v. Algarin, 350 F. App'x 703 (3rd Cir. 2009). “See 42 Pa.C.S. § 9140 ("If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor .”
Flynn v. Acting Warden of Allegheny Cnty. Jail (W.D. Pa. 2025). “at 42 Pa. Cons. Stat. § 9140 , also granted authority “to any Pennsylvania law enforcement, corrections or prosecuting official(s) the right to dispose of all charges pending in the Commonwealth of Pennsylvania prior to serving this warrant and/or transferring [Flynn] from…”
Flynn v. Acting Warden of Allegheny Cnty. Jail (W.D. Pa. 2025). “at 42 Pa. Cons. Stat. § 9140 , also granted authority “to any Pennsylvania law enforcement, corrections or prosecuting official(s) the right to dispose of all charges pending in the Commonwealth of Pennsylvania prior to serving this warrant and/or transferring [Flynn] from…”
Rivera v. Algarin, 350 F. App'x 703 (3rd Cir. 2009). “See 42 Pa.C.S. § 9140 ("If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor .”
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