West's Ann.Cal.Penal Code § 1239
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1239. Manner of taking appeal; automatic appeal from death judgment; continuation of representation by counsel
(a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council.
(b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant until completing the additional duties set forth in paragraph (1) of subdivision (e) of Section 1240.1.
CREDIT(S)
(Added by Stats.1982, c. 917, p. 3355, § 4, operative Jan. 1, 1989. Amended by Stats.1988, c. 551, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1240
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1240. State public defender; appointment to represent defendant; conditions; exception
(a) When in a proceeding falling within the provisions of Section 15421 of the Government Code a person is not represented by a public defender acting pursuant to Section 27706 of the Government Code or other counsel and he is unable to afford the services of counsel, the court shall appoint the State Public Defender to represent the person except as follows:
(1) The court shall appoint counsel other than the State Public Defender when the State Public Defender has refused to represent the person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State Public Defender or the attorney who represented the person at his trial when the person requests the latter to represent him on appeal and the attorney consents to the appointment. In unusual cases, where good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private attorney, or nonprofit corporation with which the State Public Defender has contracted to furnish defense services pursuant to Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court may, in its discretion, appoint counsel other than the State Public Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed pursuant to this section, he may exercise the same authority as the State Public Defender pursuant to Chapter 2 (commencing with Section 15420) of Part 7 of Division 3 of Title 2 of the Government Code.
CREDIT(S)
(Added by Stats.1975, c. 1125, p. 2745, § 4, operative July 1, 1976.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1240.1
Effective: January 1, 2004
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1240.1. Counsel on appeal; duties
(a) In any noncapital criminal, juvenile court, or civil commitment case wherein the defendant would be entitled to the appointment of counsel on appeal if indigent, it shall be the duty of the attorney who represented the person at trial to provide counsel and advice as to whether arguably meritorious grounds exist for reversal or modification of the judgment on appeal. The attorney shall admonish the defendant that he or she is not able to provide advice concerning his or her own competency, and that the State Public Defender or other counsel should be consulted for advice as to whether an issue regarding the competency of counsel should be raised on appeal. The trial court may require trial counsel to certify that he or she has counseled the defendant as to whether arguably meritorious grounds for appeal exist at the time a notice of appeal is filed. Nothing in this section shall be construed to prevent any person having a right to appeal from doing so.
(b) It shall be the duty of every attorney representing an indigent defendant in any criminal, juvenile court, or civil commitment case to execute and file on his or her client's behalf a timely notice of appeal when the attorney is of the opinion that arguably meritorious grounds exist for a reversal or modification of the judgment or orders to be appealed from, and where, in the attorney's judgment, it is in the defendant's interest to pursue any relief that may be available to him or her on appeal; or when directed to do so by a defendant having a right to appeal.
With the notice of appeal the attorney shall file a brief statement of the points to be raised on appeal and a designation of any document, paper, pleading, or transcript of oral proceedings necessary to properly present those points on appeal when the document, paper, pleading, or transcript of oral proceedings would not be included in the normal record on appeal according to the applicable provisions of the California Rules of Court. The executing of the notice of appeal by the defendant's attorney shall not constitute an undertaking to represent the defendant on appeal unless the undertaking is expressly stated in the notice of appeal.
If the defendant was represented by appointed counsel on the trial level, or if it appears that the defendant will request the appointment of counsel on appeal by reason of indigency, the trial attorney shall also assist the defendant in preparing and submitting a motion for the appointment of counsel and any supporting declaration or affidavit as to the defendant's financial condition. These documents shall be filed with the trial court at the time of filing a notice of appeal, and shall be transmitted by the clerk of the trial court to the clerk of the appellate court within three judicial days of their receipt. The appellate court shall act upon that motion without unnecessary delay. An attorney's failure to file a motion for the appointment of counsel with the notice of appeal shall not foreclose the defendant from filing a motion at any time it becomes known to him or her that the attorney has failed to do so, or at any time he or she shall become indigent if he or she was not previously indigent.
(c) The State Public Defender shall, at the request of any attorney representing a prospective indigent appellant or at the request of the prospective indigent appellant himself or herself, provide counsel and advice to the prospective indigent appellant or attorney as to whether arguably meritorious grounds exist on which the judgment or order to be appealed from would be reversed or modified on appeal.
(d) The failure of a trial attorney to perform any duty prescribed in this section, assign any particular point or error in the notice of appeal, or designate any particular thing for inclusion in the record on appeal shall not foreclose any defendant from filing a notice of appeal on his or her own behalf or from raising any point or argument on appeal; nor shall it foreclose the defendant or his or her counsel on appeal from requesting the augmentation or correction of the record on appeal in the reviewing court.
(e)(1) In order to expedite certification of the entire record on appeal in all capital cases, the defendant's trial counsel, whether retained by the defendant or court-appointed, and the prosecutor shall continue to represent the respective parties. Each counsel's obligations extend to taking all steps necessary to facilitate the preparation and timely certification of the record of all trial court proceedings.
(2) The duties imposed on trial counsel in paragraph (1) shall not foreclose the defendant's appellate counsel from requesting additions or corrections to the record on appeal in either the trial court or the California Supreme Court in a manner provided by rules of court adopted by the Judicial Council.
CREDIT(S)
(Added by Stats.1982, c. 917, p. 3357, § 6, operative Jan. 1, 1989. Amended by Stats.1988, c. 551, § 2; Stats.1996, c. 1086 (A.B.195), § 5; Stats.2000, c. 287 (S.B.1955), § 17; Stats.2002, c. 784 (S.B.1316), § 551; Stats.2003, c. 62 (S.B.600), § 232.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1241
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1241. Compensation and expenses for court-appointed counsel
In any case in which counsel other than a public defender has been appointed by the Supreme Court or by a court of appeal to represent a party to any appeal or proceeding, such counsel shall receive a reasonable sum for compensation and necessary expenses, the amount of which shall be determined by the court and paid from any funds appropriated to the Judicial Council for that purpose. Claim for the payment of such compensation and expenses shall be made on a form prescribed by the Judicial Council and presented by counsel to the clerk of the appointing court. After the court has made its order fixing the amount to be paid the clerk shall transmit a copy of the order to the State Controller who shall draw his warrant in payment thereof and transmit it to the payee.
CREDIT(S)
(Added by Stats.1955, c. 1350, p. 2436, § 1. Amended by Stats.1965, c. 1410, p. 3326, § 2; Stats.1967, c. 17, p. 848, § 108; Stats.1971, c. 1158, p. 2180, § 1; Stats.1975, c. 1125, p. 2745, § 5, operative July 1, 1976.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1242
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1242. Appeal by people; judgment for defendant unaffected until reversed
EFFECT OF AN APPEAL BY THE PEOPLE. An appeal taken by the people in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1243
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1243. Appeal from conviction; stay of judgment of death; discretion to order stay of other judgments or orders of probation; sex offender registration; certificate
An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all cases where a sentence of death has been imposed, but does not stay the execution of the judgment or order granting probation in any other case unless the trial or appellate court shall so order. The granting or refusal of such an order shall rest in the discretion of the court, except that a court shall not stay any duty to register as a sex offender pursuant to Section 290. If the order is made, the clerk of the court shall issue a certificate stating that the order has been made.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1873-74, c. 614, p. 450, § 75; Stats.1927, c. 629, p. 1062, § 1; Stats.1935, c. 679, p. 1868, § 5; Stats.1945, c. 40, p. 358, § 10; Stats.1951, c. 1674, p. 3855, § 135; Stats.1957, c. 309, p. 954, § 1; Stats.1967, c. 17, p. 849, § 109; Stats.1998, c. 960 (A.B.2680), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1244
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1244. Stay pending appeal; sheriff to retain custody
EFFECT OF AN APPEAL BY THE DEFENDANT. If the certificate provided for in the preceding section is filed, the Sheriff must, if the defendant be in his custody, upon being served with a copy thereof, keep the defendant in his custody without executing the judgment, and detain him to abide the judgment on appeal.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1245
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1245. Stay pending appeal; suspension of further execution; restoration to original custody
If before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a copy of such certificate the defendant must be restored, by the officer in whose custody he is, to his original custody.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 538, p. 701, § 6.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1246
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1246. Record on appeal; rules governing
The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial Council.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 46, p. 9, § 1; Stats.1889, c. 214, p. 324, § 1; Stats.1909, c. 711, p. 1087, § 4; Stats.1927, c. 620, p. 1047, § 1; Stats.1945, c. 40, p. 358, § 11.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1246.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§ 1246.5. Repealed by Stats.1983, c. 463, § 1, operative Jan. 1, 1986
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1247
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§§ 1247 to 1247e. Repealed by Stats.1927, c. 620, p. 1048, §§ 4 to 8; Stats.1951, c. 1674, p. 3855, § 136
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1247e
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1. Appeals, When Allowed and How Taken, and the Effect Thereof (Refs & Annos)
§§ 1247 to 1247e. Repealed by Stats.1927, c. 620, p. 1048, §§ 4 to 8; Stats.1951, c. 1674, p. 3855, § 136
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 9, Ch. 1a, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 9. Appeals in Felony Cases
Chapter 1A. Judicial Council Rules
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1247k
Effective: January 1, 2005
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 1A. Judicial Council Rules (Refs & Annos)
§ 1247k. Power to prescribe rules for practice and procedure on appeal; effective date; conflicting laws
The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in which the records on such appeals shall be made up and filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all laws in conflict therewith shall be of no further force or effect.
CREDIT(S)
(Added by Stats.1941, c. 562, p. 1945, § 1. Amended by Stats.1943, c. 4, p. 111, § 2, eff. Jan. 14, 1943; Stats.2004, c. 193 (S.B.111), § 143.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 9, Ch. 2, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 9. Appeals in Felony Cases
Chapter 2. Dismissing an Appeal for Irregularity
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1248
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 2. Dismissing an Appeal for Irregularity (Refs & Annos)
§ 1248. Irregularity must be substantial to authorize dismissal
If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 46, p. 10, § 2; Stats.1945, c. 40, p. 358, § 12.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1249
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 2. Dismissing an Appeal for Irregularity (Refs & Annos)
§ 1249. Repealed by Stats.1945, c. 40, p. 359, § 17
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 9, Ch. 3, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 9. Appeals in Felony Cases
Chapter 3. Argument of the Appeal
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1252
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 3. Argument of the Appeal (Refs & Annos)
§ 1252. Restriction on continuances; decisions on rulings adverse to state
On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer period than the ends of justice shall require. On an appeal by a defendant, the appellate court shall, in addition to the issues raised by the defendant, consider and pass upon all rulings of the trial court adverse to the State which it may be requested to pass upon by the Attorney General.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 46, p. 10, § 2; Stats.1927, c. 620, p. 1048, § 2; Stats.1945, c. 40, p. 358, § 13.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1253
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 3. Argument of the Appeal (Refs & Annos)
§ 1253. Affirmance without argument; reversal only after argument
JUDGMENT MAY BE AFFIRMED, BUT CANNOT BE REVERSED WITHOUT ARGUMENT. The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1254
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 3. Argument of the Appeal (Refs & Annos)
§ 1254. Number of counsel to be heard on each side
NUMBER OF COUNSEL TO BE HEARD. Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1255
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 3. Argument of the Appeal (Refs & Annos)
§ 1255. Presence of defendant not required
DEFENDANT NEED NOT BE PRESENT. The defendant need not personally appear in the Appellate Court.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1256
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 3. Argument of the Appeal (Refs & Annos)
§ 1256. District attorney; cooperation with attorney general
It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal.
CREDIT(S)
(Added by Stats.1927, c. 620, p. 1048, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 9, Ch. 4, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 9. Appeals in Felony Cases
Chapter 4. Judgment Upon Appeal
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1258
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1258. Technical errors not affecting substantial rights to be disregarded
COURT TO GIVE JUDGMENT WITHOUT REGARD TO TECHNICAL ERRORS. After hearing the appeal, the Court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1259
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1259. Appeal by defendant; scope of review; questions of law raised by objection; instructions not objected to
Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the lower court, and which affected the substantial rights of the defendant. The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1909, c. 713, p. 1088, § 1; Stats.1939, c. 1016, p. 2801, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1260
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1260. Powers respecting judgment or order appealed from and subsequent proceedings; new trial; remand for further proceedings
The court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or attempted offense or the punishment imposed, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial and may, if proper, remand the cause to the trial court for such further proceedings as may be just under the circumstances.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1949, c. 1309, p. 2297, § 1; Stats.1970, c. 850, p. 1586, § 1; Stats.1978, c. 1166, p. 3772, § 8.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1261
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1261. New trial; county in which held
NEW TRIAL, WHERE TO BE HAD. When a new trial is ordered it must be directed to be had in the Court of the county from which the appeal was taken.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1262
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1262. Reversal, effect as order for new trial; discharge of defendant; exoneration of bail; refund of deposit; return of fine and penalty assessment
If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct. If the appellate court directs a final disposition of the action in the defendant's favor, the court must, if he is in custody, direct him to be discharged therefrom; or if on bail that his bail may be exonerated; or if money or other property was deposited instead of bail, that it be refunded to the defendant or to the person or persons found by the court to have deposited said money or other property on behalf of said defendant. If a judgment against the defendant is reversed and the case is dismissed, or if the appellate court directs a final disposition of the action in defendant's favor, and defendant has theretofore paid a fine in the case, such act shall also be deemed an order of the court that the fine, including any penalty assessment thereon, be returned to defendant.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 657, p. 1815, § 7; Stats.1951, c. 1674, p. 3855, § 137; Stats.1963, c. 1609, p. 3203, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1263
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1263. Affirmance; enforcement of original judgment
JUDGMENT TO BE EXECUTED ON AFFIRMANCE. If a judgment against the defendant is affirmed, the original judgment must be enforced.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1264
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1264. Repealed by Stats.1945, c. 40, p. 359, § 17
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1265
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 9. Appeals in Felony Cases (Refs & Annos)
Chapter 4. Judgment Upon Appeal (Refs & Annos)
§ 1265. Remittitur; loss of appellate jurisdiction; orders to effect execution by trial court; jurisdiction of petition for writ of error coram nobis; bench warrants
(a) After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted. However, if a judgment has been affirmed on appeal no motion shall be made or proceeding in the nature of a petition for a writ of error coram nobis shall be brought to procure the vacation of that judgment, except in the court which affirmed the judgment on appeal. When a judgment is affirmed by a court of appeal and a hearing is not granted by the Supreme Court, the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the defendant in order to carry the judgment into effect, upon a satisfactory showing that other means such as contact by mail, phone, or notification by means of the defendant's counsel have failed to secure the defendant's appearance, the court to which the certificate has been remitted may issue a bench warrant.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1949, c. 1309, p. 2297, § 2; Stats.1967, c. 17, p. 849, § 110; Stats.1992, c. 128 (A.B.2357), § 1, eff. July 7, 1992.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 1, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 1. In What Cases the Defendant May Be Admitted to Bail
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1268
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1268. Admission to bail defined
ADMISSION TO BAIL DEFINED. Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1268a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1268a. Repealed by Stats.1979, c. 873, p. 3044, § 17, operative Dec. 31, 1985; Stats.1985, c. 1432, § 5, operative Dec. 31, 1985
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1269
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1269. Taking of bail defined; entries by the clerk; destruction of bond
The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1955, c. 1348, p. 2427, § 1, eff. June 27, 1955; Stats.1998, c. 931 (S.B.2139), § 398, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1269a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1269a. Order for discharge on bail; necessity; contents; approval of undertaking; formalities; unauthorized release as offense
Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount specified in the indorsement referred to in Section 815a, and where an undertaking is furnished, upon a written order of such court or magistrate approving the undertaking. All such orders must be signed by such court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.
CREDIT(S)
(Added by Stats.1929, c. 299, p. 605, § 1. Amended by Stats.1933, c. 242, p. 750, § 2; Stats.1941, c. 366, p. 1652, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1269b
Effective: January 1, 2004
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1269b. Acceptance of bail; notice of appearance of prisoner; schedule of bail; discharge of prisoner; disposition of bail; forfeiture
(a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff's department or police department of a city who is in charge of a jail or is employed at a fixed police or sheriff's facility and is acting under an agreement with the agency that keeps the jail in which an arrested person is held in custody, an employee of a sheriff's department or police department of a city who is assigned by the department to collect bail, the clerk of the superior court of the county in which the offense was alleged to have been committed, and the clerk of the superior court in which the case against the defendant is pending may approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof.
(b) If a defendant has appeared before a judge of the court on the charge contained in the complaint, indictment, or information, the bail shall be in the amount fixed by the judge at the time of the appearance. If that appearance has not been made, the bail shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail for the county in which the defendant is required to appear, previously fixed and approved as provided in subdivisions (c) and (d).
(c) It is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. The penalty schedule for infraction violations of the Vehicle Code shall be established by the Judicial Council in accordance with Section 40310 of the Vehicle Code.
(d) A court may, by local rule, prescribe the procedure by which the uniform countywide schedule of bail is prepared, adopted, and annually revised by the judges. If a court does not adopt a local rule, the uniform countywide schedule of bail shall be prepared, adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all bailable felony offenses the judges shall consider the seriousness of the offense charged. In considering the seriousness of the offense charged the judges shall assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, including, but not limited to, additional bail for charges alleging facts that would bring a person within any of the following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9of this code, or Section 11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge shall assign an additional amount of required bail for offenses involving large quantities of controlled substances.
(f) The countywide bail schedule shall contain a list of the offenses and the amounts of bail applicable for each as the judges determine to be appropriate. If the schedule does not list all offenses specifically, it shall contain a general clause for designated amounts of bail as the judges of the county determine to be appropriate for all the offenses not specifically listed in the schedule. A copy of the countywide bail schedule shall be sent to the officer in charge of the county jail, to the officer in charge of each city jail within the county, to each superior court judge and commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be discharged from custody as to the offense on which the bail is posted.
All money and surety bonds so deposited with an officer authorized to receive bail shall be transmitted immediately to the judge or clerk of the court by which the order was made or warrant issued or bail schedule fixed. If, in the case of felonies, an indictment is filed, the judge or clerk of the court shall transmit all of the money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his or her release from custody, Sections 1305 and 1306 apply.
CREDIT(S)
(Added by Stats.1945, c. 363, p. 822, § 1. Amended by Stats.1951, c. 1608, p. 3620, § 29; Stats.1955, c. 803, p. 1423, § 1, eff. May 27, 1955; Stats.1955, c. 1348, p. 2428, § 2, eff. June 27, 1955; Stats.1957, c. 2324, p. 4049, § 1; Stats.1959, c. 527, p. 2495, § 1; Stats.1959, c. 715, p. 2697, § 1; Stats.1959, c. 1396, p. 3674, § 1; Stats.1965, c. 138, p. 1090, § 2; Stats.1965, c. 645, p. 1997, § 2; Stats.1969, c. 9, p. 62, § 2, eff. March 6, 1969; Stats.1970, c. 936, p. 1692, § 1; Stats.1971, c. 195, p. 262, § 1; Stats.1973, c. 810, p. 1443, § 1; Stats.1975, c. 672, p. 1466, § 1; Stats.1976, c. 1079, p. 4874, § 55; Stats.1976, c. 808, p. 1860, § 1; Stats.1977, c. 579, p. 1901, § 150; Stats.1977, c. 1257, p. 4786, § 121, eff. Oct. 3, 1977; Stats.1980, c. 618, § 1; Stats.1987, c. 644, § 1; Stats.1988, c. 988, § 1; Stats.1992, c. 696 (A.B.1344), § 90, eff. Sept. 15, 1992; Stats.1998, c; 931 (S.B.2139), § 399, eff. Sept. 28, 1998; Stats.1998, c. 936 (A.B.105), § 14.5, eff. Sept. 28, 1998; Stats.1999, c. 83 (S.B.966), § 152; Stats.2001, c. 176 (S.B.210), § 42; Stats.2003, c. 149 (S.B.79), § 76.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1269c
Effective: January 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1269c. Increase or reduction of bail in schedule; declaration by peace officer; application by defendant; determination by magistrate
If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the defendant, requesting an order setting a higher bail. Except where the defendant is charged with an offense listed in subdivision (a) of Section 1270.1, the defendant, either personally or through his or her attorney, friend, or family member, also may make application to the magistrate for release on bail lower than that provided in the schedule of bail or on his or her own recognizance. The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant's release on his or her own recognizance. If, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the amount of bail set forth in the applicable bail schedule.
CREDIT(S)
(Added by Stats.1973, c. 810, p. 1445, § 3. Amended by Stats.1997, c. 847 (A.B.45), § 2; Stats.2010, c. 176 (S.B.1049), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1269d
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1269d. Repealed by Stats.1979, c. 873, p. 3044, § 17, operative Dec. 31, 1985; Stats.1985, c. 1432, § 5, operative Dec. 31, 1985
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1270
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1270. Release on recognizance; non-capital offense; offense; considerations; public safety; procedure
(a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any person who is released pursuant to this section.
CREDIT(S)
(Added by Stats.1979, c. 873, p. 3039, § 4, operative Jan. 1, 1981. Amended by Stats.1989, c. 514, § 1, eff. Sept. 20, 1989; Stats.1990, c. 1527 (S.B.2184), § 2; Stats.1995, c. 51 (A.B.67), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1270.1
Effective: January 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1270.1. Release on unscheduled bail amount or on own recognizance; serious or violent felonies; notice and hearing; evidence and considerations; statement of reasons; exception for increased bail upon declaration of peace officer
(a) Except as provided in subdivision (e), before any person who is arrested for any of the following crimes may be released on bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or may be released on his or her own recognizance, a hearing shall be held in open court before the magistrate or judge:
(1) A serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, but not including a violation of subdivision (a) of Section 460 (residential burglary).
(2) A violation of Section 136.1 where punishment is imposed pursuant to subdivision (c) of Section 136.1, Section 262, 273.5, or422 where the offense is punished as a felony, or Section 646.9.
(3) A violation of paragraph (1) of subdivision (e) of Section 243.
(4) A violation of Section 273.6 if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(b) The prosecuting attorney and defense attorney shall be given a two-court-day written notice and an opportunity to be heard on the matter. If the detained person does not have counsel, the court shall appoint counsel for purposes of this section only. The hearing required by this section shall be held within the time period prescribed in Section 825.
(c) At the hearing, the court shall consider evidence of past court appearances of the detained person, the maximum potential sentence that could be imposed, and the danger that may be posed to other persons if the detained person is released. In making the determination whether to release the detained person on his or her own recognizance, the court shall consider the potential danger to other persons, including threats that have been made by the detained person and any past acts of violence. The court shall also consider any evidence offered by the detained person regarding his or her ties to the community and his or her ability to post bond.
(d) If the judge or magistrate sets the bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, the judge or magistrate shall state the reasons for that decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. This statement shall be included in the record.
(e) Notwithstanding subdivision (a), a judge or magistrate, pursuant to Section 1269c, may, with respect to a bailable felony offense or a misdemeanor offense of violating a domestic violence order, increase bail to an amount exceeding that set forth in the bail schedule without a hearing, provided an oral or written declaration of facts justifying the increase is presented under penalty of perjury by a sworn peace officer.
CREDIT(S)
(Added by Stats.1988, c. 492, § 1. Amended by Stats.1993-94, 1st Ex.Sess., c. 58 (A.B.59), § 1; Stats.1995, c. 91 (S.B.975), § 130; Stats.1997, c. 557 (S.B.641), § 1; Stats.1999, c. 703 (A.B.1284), § 2; Stats.2003, c. 30 (A.B.1488), § 1; Stats.2010, c. 176 (S.B.1049), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1270.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1270.2. Before conviction; automatic review of order fixing bail
When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review.
CREDIT(S)
(Added by Stats.1986, c. 658, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1270.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1270.5. Capital offenses; nonbailable when proof of guilt evident or presumption thereof great; effect of indictment
A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom.
CREDIT(S)
(Formerly § 1270, enacted in 1872. Renumbered § 1270.5 and amended by Stats.1986, c. 248, § 165.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1271
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1271. Before conviction; bail as of right
IN WHAT CASES DEFENDANT MAY BE ADMITTED TO BAIL BEFORE CONVICTION. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1272
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1272. After conviction and pending probation or appeal; bail as of right; bail discretionary; notice to prosecuting attorney
After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.
3. As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1909, c. 360, p. 591, § 1; Stats.1971, c. 1790, p. 3856, § 3; Stats.1984, c. 1202, § 1, eff. Sept. 17, 1984.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1272.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1272.1. Release on bail pending appeal; conditions; statement of reasons
Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely to flee. Under this subdivision the court shall consider the following criteria:
(1) The ties of the defendant to the community, including his or her employment, the duration of his or her residence, the defendant's family attachments and his or her property holdings.
(2) The defendant's record of appearance at past court hearings or of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal.
For purposes of this subdivision, a “substantial legal question” means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal by the defendant, the court shall not be required to determine whether it committed error.
In making its decision on whether to grant defendants' motions for bail under subdivision (3) of Section 1272, the court shall include a brief statement of reasons in support of an order granting or denying a motion for bail on appeal. The statement need only include the basis for the order with sufficient specificity to permit meaningful review.
CREDIT(S)
(Added by Stats.1986, c. 621, § 1, eff. Aug. 28, 1986. Amended by Stats.1989, c. 150, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1273
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1273. Nature and conditions of bail; before conviction; after conviction and upon appeal
If the offense is bailable, the defendant may be admitted to bail before conviction:
First--For his appearance before the magistrate, on the examination of the charge, before being held to answer.
Second--To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination.
Third--After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial.
And after conviction, and upon an appeal:
First--If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.
Second--If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1875-76, c. 80, p. 116, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1274
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1274. Bail discretionary; notice of application to district attorney
WHEN BAIL IS MATTER OF DISCRETION, NOTICE OF APPLICATION MUST BE GIVEN TO DISTRICT ATTORNEY. When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1275
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1275. Setting, reducing or denying bail; considerations
(a) In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration.
In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.
(c) Before a court reduces bail below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
CREDIT(S)
(Added by Stats.1927, c. 737, p. 1387, § 1. Amended by Stats.1987, c. 644, § 2; Stats.1988, c. 272, § 1; Stats.1988, c. 547, § 2; Stats.1990, c. 117 (A.B.574), § 1; Stats.1997, c. 34 (A.B.728), § 1; Stats.1998, c. 726 (S.B.55), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1275.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1275.1. Consideration for payment of bail thought to have been feloniously obtained; procedure
(a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs:
(1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph.
(3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person's right to privacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail.
(i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court.
(k) As used in this section, “feloniously obtained” means any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence constituting a felony.
CREDIT(S)
(Added by Stats.1998, c. 726 (S.B.55), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1276
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1276. Bail bonds or undertakings of bail of an admitted surety insurer; acceptance or approval without further acknowledgement; execution and issuance by one person
(a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent of the insurer under penalty of perjury and issued in the name of the insurer by a person authorized to do so by an unrevoked power of attorney on file in the office of the clerk of the county in which the court or magistrate is located.
(b) One person may both execute and issue the bail bond or undertaking of bail if qualified as provided in this section.
CREDIT(S)
(Added by Stats.1982, c. 517, p. 2406, § 316.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1276.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 1. In What Cases the Defendant May Be Admitted to Bail (Refs & Annos)
§ 1276.5. Disclosure statement by bail bond licensee; copies of statement and lien instrument; reconveyance, discharge certificate, or release; violations, liability
(a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond licensee shall provide the property owner with a written disclosure statement in the following form:
“DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT UNTIL YOU READ AND UNDERSTAND IT!
THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!”
(b) The disclosure required in subdivision (a) shall be made in 14-point bold type by either of the following means:
(1) A separate and specific document attached to or accompanying the application.
(2) A clear and conspicuous statement on the face of the application.
(c) The property owner shall be given a completed copy of the disclosure statement and of the note and deed of trust or other instrument creating the lien against real property prior to the execution of any instrument creating a lien against real property. The failure to fully comply with subdivision (a) or (b), or this subdivision, shall render the deed of trust or other instrument creating the lien against real property voidable.
(d) Within 30 days after notice is given by any individual, agency, or entity to the surety or bail bond licensee of the expiration of the time for appeal of the order exonerating the bail bond, or within 30 days after the payment in full of all moneys owed on the bail bond obligation secured by any lien against real property, whichever is later in time, the bail bond licensee shall deliver to the property owner a fully executed and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property to secure performance of the conditions of the bail bond. If a timely notice of appeal of the order exonerating the bail bond is filed with the court, that 30-day period shall begin on the date the determination of the appellate court affirming the order exonerating the bail bond becomes final. Upon the reconveyance, the licensee shall deliver to the property owner the original note and deed of trust, security agreement, or other instrument which secures the bail bond obligation. If the licensee fails to comply with this subdivision, the property owner may petition the superior court to issue an order directing the clerk of the superior court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the licensee has failed to comply with this subdivision.
(e) The violation of this section shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three hundred dollars ($300). The property owner shall be entitled, if he or she prevails, to recover court costs and reasonable attorney's fees as determined by the court in any action brought to enforce this section.
CREDIT(S)
(Added by Stats.1991, c. 838 (A.B.1052), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 2, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 2. Bail Upon Being Held to Answer Before Indictment
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1277
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1277. Authority to admit to bail; committing magistrates; magistrates having habeas corpus jurisdiction
WHAT MAGISTRATES MAY ADMIT TO BAIL. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1278
Effective: January 1, 2005
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1278. Undertaking; contents; sureties; form
(a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:
An order having been made on the __________ day of __________, 20____, by __________, a judge of the __________ Court of __________ County, that __________ be held to answer upon a charge of (stating briefly the nature of the offense), upon which he or she has been admitted to bail in the sum of __________ dollars ($__________); we, __________ and __________, of __________ (stating their place of residence and occupation), hereby undertake that the above-named __________ will appear and answer any charge in any accusatory pleading based upon the acts supporting the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation, or if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of __________ dollars ($__________) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties), and the defendant if he or she be a party to the bond, for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306.
(b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1927, c. 738, p. 1387, § 1; Stats.1951, c. 1608, p. 3616, § 17; Stats.1957, c. 1974, p. 3520, § 1; Stats.1959, c. 1188, p. 3272, § 1; Stats.1969, c. 1259, p. 2461, § 3; Stats.1987, c. 828, § 81; Stats.1998, c. 931 (S.B.2139), § 400, eff. Sept. 28, 1998; Stats.2004, c. 104 (S.B.761), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1279
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1279. Qualifications of bail
The qualifications of bail are as follows:
1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered;
2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution, except that if any of the sureties is not worth the amount specified in the undertaking, exclusive of property exempt from execution, but owns any equity in real property, a hearing must be held before the magistrate to determine the value of such equity. Witnesses may be called and examined at such hearing and if the magistrate is satisfied that the value of the equity is equal to twice the amount of the bond such surety is justified. In any case, the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1931, c. 1172, p. 2481, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1280
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1280. Justification of bail
BAIL, HOW TO JUSTIFY. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1280a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1280a. Justification of bail; affidavits; contents
All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the real property described in the affidavit immediately upon the recordation of the affidavit with the county recorder pursuant to Section 1280b, and the legal description and assessor's parcel numbers of the real estate owned by the bail, which is scheduled as showing that they each possess the qualifications provided in the preceding sections, the affidavit shall also show all encumbrances upon the real estate known to affiants and shall show the number of bonds, if any, on which each bail has qualified, within one year before the date of the affidavit, together with the amount of each such bond, the date on which, the county in which, and the name of the principal for whom each bond was executed.
The affidavit shall also state the amount of each bail's liability on bonds executed in previous years and not exonerated at the date of the execution of the affidavit and be signed and acknowledged by the owner of the real property.
CREDIT(S)
(Added by Stats.1923, c. 194, p. 435, § 1. Amended by Stats.1947, c. 684, p. 1719, § 1; Stats.1986, c. 771, § 1; Stats.1987, c. 828, § 82.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1280b
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1280b. Justification of bail; filing affidavits; recording certified copies
It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the justification of bail, by delivering or mailing them to the clerk of the court. Certified copies of the affidavits for justification of bail involving equity in real property may upon the written order of the judge or magistrate be recorded with the county recorder.
CREDIT(S)
(Added by Stats.1923, c. 194, p. 436, § 2. Amended by Stats.1947, c. 684, p. 1720, § 2; Stats.1986, c. 771, § 2; Stats.1988, c. 676, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1280.1
Effective: January 1, 2002
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1280.1. Justification of bail; affidavit constituting attachment lien; order for release of undertaking; judgment lien on bail forfeiture and summary judgment
(a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500, 488.510 and 489.310 of the Code of Civil Procedure in the amount of the bail undertaking, until exonerated, released, or otherwise discharged. Any release of the undertaking shall be effected by an order of the court, filed with the clerk of the court, with a certified copy of the order recorded in the office of the county recorder.
(b) If the bail is forfeited and summary judgment is entered, pursuant to Sections 1305 and 1306, the lien shall have the force and effect of a judgment lien, by recordation of an abstract of judgment, which, may be enforced and satisfied pursuant to Section 1306 as well as through the applicable execution process set forth in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.
CREDIT(S)
(Added by Stats.1986, c. 771, § 3. Amended by Stats.1988, c. 676, § 2; Stats.2001, c. 854 (S.B.205), § 45.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1281
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1281. Discharge of defendant upon allowance of bail and execution and approval of undertaking
Upon the allowance of bail and the execution and approval of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant must be discharged.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1927, c. 733, p. 1385, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1281a
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 2. Bail Upon Being Held to Answer Before Indictment (Refs & Annos)
§ 1281a. Felony cases; authority of superior court to justify and approve bail; discharge of defendants
A judge of the superior court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve bail in the said cause, and may execute an order for the release of the defendant which shall authorize the discharge of the defendant by any officer having said defendant in custody.
CREDIT(S)
(Added by Stats.1925, c. 444, p. 953, § 1. Amended by Stats.1977, c. 1257, p. 4787, § 122, eff. Oct. 3, 1977; Stats.1998, c. 931 (S.B.2139), § 401, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 552.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1284
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1284. Noncapital offense; taking defendant before magistrate to give bail
When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail. If the defendant appears before such magistrate without the bench warrant having been served upon him, the magistrate shall deliver him into the custody of the sheriff for the purpose of immediate booking and the recording of identification data, whereupon the sheriff shall deliver the defendant back before the magistrate for the purpose of giving bail.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 26, § 93; Stats.1961, c. 2198, p. 4544, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1285
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1285. Capital offense; delivery of defendant into custody
If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 26, § 94.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1286
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1286. Capital offense; sheriff to hold defendant; bail on habeas corpus
BAIL ON HABEAS CORPUS. When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of habeas corpus.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1287
Effective: January 1, 2005
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1287. Undertaking; contents of undertaking; sureties; form
(a) The bail shall be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form:
An indictment having been found on the __________ day of __________, 20____, in the Superior Court of the County of __________, charging __________ with the crime of __________ (designating it generally) and he or she having been admitted to bail in the sum of __________ dollars ($__________), we, __________ and __________, of __________ (stating their place of residence and occupation), hereby undertake that the above-named __________ will appear and answer any charge in any accusatory pleading based upon the acts supporting the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself or herself amenable to the orders and process of the court, and, if convicted, will appear for pronouncement of judgment or grant of probation; or, if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of __________ dollars ($__________) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties, and the defendant if he or she be a party to the bond), for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306.
(b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1927, c. 739, p. 1388, § 1; Stats.1957, c. 1974, p. 3521, § 2; Stats.1959, c. 1188, p. 3273, § 2; Stats.1969, c. 1259, p. 2462, § 4; Stats.1987, c. 828, § 83; Stats.2004, c. 104 (S.B.761), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1288
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1288. Application of other sections
The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-1874, c. 614, p. 450, § 76; Stats.1925, c. 434, p. 943, § 1; Stats.1927, c. 736, p. 1386, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1289
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 3. Bail Upon an Indictment Before Conviction
§ 1289. Increase or reduction of bail; showing of cause; notice of application for reduction
After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the Court may order the defendant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the application must be served upon the District Attorney.
CREDIT(S)
(Added by Code Am.1873-74, c. 614, p. 450, § 77. Amended by Code Am.1880, c. 47, p. 26, § 95; Stats.1979, c. 873, p. 3039, § 8, operative Jan. 1, 1981.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1291
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 4. Bail on Appeal
§ 1291. Authority to admit to bail; trial magistrates; magistrates having habeas corpus jurisdiction
In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any Magistrate having the power to issue a writ of habeas corpus, or by the Magistrate before whom the trial was had.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1877-78, c. 89, p. 122, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1292
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 4. Bail on Appeal
§ 1292. Qualifications of bail; procedure; conditions of undertaking; provisions applicable
QUALIFICATIONS OF BAIL AND HOW PUT IN, AND CONDITION OF UNDERTAKING. The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, [FN1] except that the undertaking must be conditioned as prescribed in Section 1273, for undertakings of bail on appeal.
CREDIT(S)
(Enacted in 1872.)
[FN1] Sections 1277 to 1281a.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1295
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5. Deposit Instead of Bail
§ 1295. Deposit in lieu of bail; discharge from custody; general assistance checks
(a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a defendant for having committed a misdemeanor, instead of giving bail may deposit, with the clerk of the court in which the defendant is held to answer or notified to appear for arraignment, the sum mentioned in the order or, if no order, in the schedule of bail previously fixed by the judges of the court, and, upon delivering to the officer in whose custody defendant is a certificate of the deposit, the defendant must be discharged from custody.
(b) Where more than one deposit is made with respect to any charge in any accusatory pleading based upon the acts supporting the original charge as a result of which an earlier deposit was made, the defendant shall receive credit in the amount of any earlier deposit.
(c) The clerk of the court shall not accept a general assistance check for this deposit or any part thereof.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1937, c. 509, p. 1498, § 1; Stats.1945, c. 1186, p. 2238, § 1; Stats.1953, c. 820, p. 2124, § 1; Stats.1955, c. 803, p. 1424, § 2, eff. May 27, 1955; Stats.1955, c. 1348, p. 2428, § 3, eff. June 27, 1955; Stats.1957, c. 2324, p. 4052, § 8; Stats.1969, c. 1259, p. 2462, § 5; Stats.1996, c. 51 (A.B.178), § 1; Stats.1997, c. 17 (S.B.947), § 104.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1295.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5. Deposit Instead of Bail
§ 1295.5. Repealed by Stats.1961, c. 1875, p. 3975, § 1
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1296
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5. Deposit Instead of Bail
§ 1296. Substitution of deposit for bail; exoneration of bail
MAY, AFTER BAIL IS GIVEN AND BEFORE FORFEITURE. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1297
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5. Deposit Instead of Bail
§ 1297. Receipt for deposit; application of deposit by defendant to fine and costs; refund
When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, under the direction of the court, if the defendant be the depositor, apply the money in satisfaction thereof, and after satisfying restitution to the victim or the Restitution Fund, fines, and costs, shall refund the surplus, if any, to the defendant. If the person to whom the receipt for the deposit was issued was not the defendant, the deposit after judgment shall be returned to that person within 10 days after the person claims it by submitting the receipt, and, if a claim is not made within 10 days of the exoneration of bail, the clerk shall immediately notify the depositor of the exoneration of bail.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 657, p. 1815, § 8; Stats.1937, c. 509, p. 1498, § 2; Stats.1941, c. 780, p. 2323, § 1; Stats.1963, c. 1355, p. 2883, § 1; Stats.1979, c. 873, p. 3040, § 9, operative Jan. 1, 1981; Stats.1982, c. 1376, § 2, eff. Sept. 24, 1982; Stats.1963, c. 1355, p. 2883, § 1, operative Jan. 1, 1986; Stats.1995, c. 313 (A.B.817), § 11, eff. Aug. 3, 1995.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1298
Effective: January 1, 2009
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5. Deposit Instead of Bail
§ 1298. Deposit of state or federal bonds or real estate equity in lieu of bail; determination of value of equity; allowance; sale of bonds or equity and application of proceeds
In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and these bonds shall be treated in the same manner as a deposit of money or the defendant or any other person may give as security any equity in real property which he or she owns, provided that no charge is made to the defendant or any other person for the giving as security of any equity in real property. A hearing, at which witnesses may be called or examined, shall be held before the magistrate to determine the value of the equity and if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail. The clerk shall, under order of the court, when occasion arises therefor, sell the bonds or the equity and apply the proceeds of the sale in the manner that a deposit of cash may be required to be applied.
CREDIT(S)
(Added by Stats.1919, c. 159, p. 240, § 1. Amended by Stats.1931, c. 1172, p. 2482, § 2; Stats.1937, c. 509, p. 1498, § 3; Stats.1951, c. 1608, p. 3616, § 18; Stats.1982, c. 229, § 1; Stats.1995, c. 56 (S.B.517), § 1; Stats.2008, c. 699 (S.B.1241), § 14.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 5.5, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 5.5. Bail Fugitive Recovery Persons Act
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299. Short title
This article shall be known as the Bail Fugitive Recovery Persons Act.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.01
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.01. Definitions
For purposes of this article, the following terms shall have the following meanings:
(a) “Bail fugitive” means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.
(b) “Bail” means a person licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.
(c) “Depositor of bail” means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.
(d) “Bail fugitive recovery person” means a person who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.02
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.02. Persons authorized to apprehend, detain, or arrest a bail fugitive; requirements
(a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.
(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(4) Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(5) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.04
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.04. Additional requirements
(a) A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
(3) The person shall have completed a minimum of 20 hours of classroom education certified pursuant to Section 1810.7 of the Insurance Code.
(4) The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.
(b) Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.05
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.05. Compliance with all applicable laws
In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to that apprehension.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.06
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.06. Documentation of authority to apprehend
Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail as prescribed in Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized by Section 1299.02 to apprehend a bail fugitive and any fictitious name, if applicable; the address of the principal office of the individual authorized by Section 1299.02 to apprehend a bail fugitive; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual authorized by Section 1299.02 to apprehend a bail fugitive.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.07
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.07. Individual authorized to apprehend a bail fugitive; representing himself or herself as being a law enforcement officer
(a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent himself or herself in any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents himself or herself as belonging to any part or department of a federal, state, or local government. Any uniform shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear or otherwise use a badge that represents himself or herself as belonging to any part or department of the federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents himself or herself as belonging to any federal, state, or local government.
(e) An individual authorized by Section 1299.02 to apprehend a bail fugitive may wear a jacket, shirt, or vest with the words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest and in a contrasting color to that of the jacket, shirt, or vest.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.08
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.08. Notification to local police or sheriff of intent to apprehend a bail fugitive
(a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours before attempting to apprehend the bail fugitive, notify the local police department or sheriff's department of the intent to apprehend a bail fugitive in that jurisdiction by doing all of the following:
(1) Indicating the name of an individual authorized by Section 1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by Section 1299.02 to apprehend a bail fugitive will be entering the jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail fugitive.
(b) If an exigent circumstance does arise and prior notification is not given as provided in subdivision (a), an individual authorized by Section 1299.02 to apprehend a bail fugitive shall notify the local police department or sheriff's department immediately after the apprehension, and upon request of the local jurisdiction, shall submit a detailed explanation of those exigent circumstances within three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by Section 1299.02 to apprehend a bail fugitive from making or attempting to make a lawful arrest of a bail fugitive on bond pursuant to Section 1300 or 1301. The fact that a bench warrant is not located or entered into a warrant depository or system shall not affect a lawful arrest of the bail fugitive.
(d) For the purposes of this section, notice may be provided to a local law enforcement agency by telephone prior to the arrest or, after the arrest has taken place, if exigent circumstances exist. In that case the name or operator number of the employee receiving the notice information shall be obtained and retained by the bail, depositor of bail, or bail fugitive recovery person.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.09
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.09. Forcible entry onto premises
An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.10
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.10. Firearms or other weapons
An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the state.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.11
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.11. Violations of act; penalties
Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by Section 1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.12
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§ 1299.12. Construction with private investigator licensing laws
Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
CREDIT(S)
(Added by Stats.2012, c. 747 (A.B.2029), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.13
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§§ 1299.13, 1299.14. Repealed by Stats.2004, c. 166 (A.B.2238), § 1, operative Jan. 1, 2010
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1299.14
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 5.5. Bail Fugitive Recovery Persons Act (Refs & Annos)
§§ 1299.13, 1299.14. Repealed by Stats.2004, c. 166 (A.B.2238), § 1, operative Jan. 1, 2010
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 6, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 6. Exoneration
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1300
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 6. Exoneration (Refs & Annos)
§ 1300. Persons authorized to surrender defendant; exoneration of bail or deposit; method of surrender; penalty for surrender without good cause
(a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified copy of the certificate of deposit where a deposit is made, or an affidavit given by the bail licensee or surety company listing all that specific information that would be included on a certified copy of an undertaking of bail, must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall make reasonable effort to give notice to the defendant's last attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he has been surrendered. The court shall advise the defendant of his right to move the court for an order permitting the withdrawal of any previous waiver of time and shall advise him of the authority of the court, as provided in subdivision (b), to order return of the premium paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, with a copy of the undertaking, or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated. However, if the defendant is released on his own recognizance or on another bond before the issuance of such an order, the court shall order that the bail or deposit be exonerated without prejudice to the court's authority under subdivision (b). On filing the order and papers used on the application, they are exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return to the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1937, c. 509, p. 1499, § 4; Stats.1970, c. 1027, p. 1835, § 1; Stats.1971, c. 1659, p. 3574, § 1; Stats.1972, c. 1090, p. 2038, § 1; Stats.1979, c. 873, p. 3040, § 10, operative Jan. 1, 1981; Stats.1972, c. 1090, p. 2038, § 1, operative Jan. 1, 1986; Stats.1998, c. 223 (A.B.2083), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1301
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 6. Exoneration (Refs & Annos)
§ 1301. Arrest by bail or depositor for purpose of surrender
For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.
Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant's arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1937, c. 509, p. 1499, § 5; Stats.1965, c. 1859, p. 4301, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1302
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 6. Exoneration (Refs & Annos)
§ 1302. Return of deposit on surrender; certificate; notice to district attorney
If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom the commitment was directed, in the manner provided in Sections 1300 and 1301, the court shall order a return of the deposit to the defendant or to the person or persons found by the court to have deposited said money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 657, p. 1815, § 9; Stats.1987, c. 828, § 84.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1303
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 6. Exoneration (Refs & Annos)
§ 1303. Dismissal of proceeding; time for exoneration; application of bail to public offense
If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal. If, within such period, the defendant is arrested and charged with a public offense arising out of the same act or omission upon which the action or proceeding was based, the bail shall be applied to the public offense. If an undertaking of bail is on file, the clerk of the court shall promptly mail notice to the surety on the bond and the bail agent who posted the bond whenever the bail is applied to a public offense pursuant to this section.
CREDIT(S)
(Added by Stats.1971, c 1790, p. 3855, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1304
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 6. Exoneration (Refs & Annos)
§ 1304. Exoneration; lapse of time
Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is released on his or her own recognizance shall be exonerated two years from the effective date of the initial bond, provided that the court is informed in writing at least 60 days prior to 2 years after the initial bond of the fact that the bond is to be exonerated, or unless the court determines otherwise and informs the party executing the bail of the reasons that the bail is not exonerated.
CREDIT(S)
(Added by Stats.1984, c. 284, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305. Nonappearance of defendant; jurisdiction; vacation of forfeiture and exoneration of bond
(a) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following:
(1) Arraignment.
(2) Trial.
(3) Judgment.
(4) Any other occasion prior to the pronouncement of judgment if the defendant's presence in court is lawfully required.
(5) To surrender himself or herself in execution of the judgment after appeal.
However, the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment.
(b) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court's file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing.
If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section.
The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply:
(1) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture.
(2) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond.
(3) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond.
(c)(1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety's or depositor's obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety's or depositor's obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail.
(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met:
(A) The bail is given prior notice of the reinstatement.
(B) The bail has not surrendered the defendant.
(d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met:
(1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities.
(2) The absence of the defendant is without the connivance of the bail.
(e) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met:
(1) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities.
(2) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period.
(3) The absence of the defendant is without the connivance of the bail.
The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties.
(i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges.
(j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property, any of whom may appear in person or through an attorney.
(k) In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to subdivision (f), (g), or (j), as a condition precedent to granting the motion.
CREDIT(S)
(Added by Stats.1993, c. 524 (A.B.734), § 2. Amended by Stats.1994, c. 649 (A.B.3059), § 1; Stats.1995, c. 434 (S.B.1245), § 1; Stats.1996, c. 94 (A.B.2491), § 1; Stats.1998, c. 223 (A.B.2083), § 2; Stats.1999, c. 570 (A.B.476), § 2; Stats.2012, c. 129 (S.B.989), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.1. Continuance; excuse for nonappearance
If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court has reason to believe that sufficient excuse may exist for the failure to appear, the court may continue the case for a period it deems reasonable to enable the defendant to appear without ordering a forfeiture of bail or issuing a bench warrant.
If, after the court has made the order, the defendant, without sufficient excuse, fails to appear on or before the continuance date set by the court, the bail shall be forfeited and a warrant for the defendant's arrest may be ordered issued.
CREDIT(S)
(Added by Stats.1993, c. 524 (A.B.734), § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.2. Assessment as condition for discharge; notice to surety or depositor and bail agent; time for payment
If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the clerk of the court shall within 30 days mail notice thereof to the surety or depositor at the address of its principal office, mail a copy to the bail agent whose name appears on the bond, and shall execute a certificate of mailing and place it in the court's file in the case. The time limit for payment shall in no event be less than 30 days after the date of mailing of the notice.
If the assessment has not been paid by the date specified, the court shall determine if a certificate of mailing has been executed, and if none has, the court shall cause a notice to be mailed to the surety, depositor, or bail agent whose name appears on the bond, and the surety, depositor, or bail agent whose name appears on the bond shall be allowed an additional 30 days to pay the assessment.
CREDIT(S)
(Added by Stats.1988, c. 1294, § 1. Amended by Stats.1995, c. 56 (S.B.517), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.3. Recovery of costs; motion to vacate forfeiture; collection on summary judgment
The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs incurred in successfully opposing a motion to vacate the forfeiture and in collecting on the summary judgment prior to the division of the forfeited bail money between the cities and counties in accordance with Section 1463.
CREDIT(S)
(Added by Stats.1993, c. 524 (A.B.734), § 5. Amended by Stats.1994, c. 170 (S.B.1649), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.4
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.4. Motion for extension of time; written notice to prosecuting agency
Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180-day period provided in that section. The motion shall include a declaration or affidavit that states the reasons showing good cause to extend that period. The court, upon a hearing and a showing of good cause, may order the period extended to a time not exceeding 180 days from its order. A motion may be filed and calendared as provided in subdivision (i) of Section 1305. In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to this section as a condition precedent to granting the motion.
CREDIT(S)
(Added by Stats.1996, c. 354 (S.B.1571), § 1. Amended by Stats.1999, c. 570 (A.B.476), § 3; Stats.2012, c. 129 (S.B.989), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.5
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.5. Appeal from superior court order on motion to vacate a bail forfeiture
Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:
(a) If the amount in controversy exceeds twenty-five thousand dollars ($25,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.
(b) Except as provided in subdivision (c), if the amount in controversy does not exceed twenty-five thousand dollars ($25,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.
(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case.
CREDIT(S)
(Added by Stats.2012, c. 470 (A.B.1529), § 49.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1305.6
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1305.6. Person arrested on same case and in continuous custody; discretion to vacate forfeiture and exonerate bond; time for motion; notice
(a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and exonerate the bond if both of the following conditions are met:
(1) The person was arrested on the same case within the county where the case is located, within the 180-day period.
(2) The person has been in continuous custody from the time of his or her arrest until the court appearance on that case.
(b) Upon a showing of good cause, a motion brought pursuant to paragraph (3) of subdivision (c) of Section 1305 may be filed within 20 days from the mailing of the notice of entry of judgment under Section 1306.
(c) In addition to any other notice required by law, the moving party shall give the applicable prosecuting agency written notice of the motion to vacate the forfeiture and exonerate the bond under this section at least 10 court days before the hearing.
CREDIT(S)
(Added by Stats.2012, c. 812 (A.B.1824), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1306
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1306. Enforcement of forfeiture; summary judgment; condition of relief from bail forfeitures; effect of dismissal of charge after default; appeal by surety or bondsman; appellate jurisdiction; demand for payment; limitations
(a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman is bound. The judgment shall be the amount of the bond plus costs, and notwithstanding any other law, no penalty assessments shall be levied or added to the judgment.
(b) If a court grants relief from bail forfeiture, it shall impose a monetary payment as a condition of relief to compensate the people for the costs of returning a defendant to custody pursuant to Section 1305, except for cases where the court determines that in the best interest of justice no costs should be imposed. The amount imposed shall reflect the actual costs of returning the defendant to custody. Failure to act within the required time to make the payment imposed pursuant to this subdivision shall not be the basis for a summary judgment against any or all of the underlying amount of the bail. A summary judgment entered for failure to make the payment imposed under this subdivision is subject to the provisions of Section 1308, and shall apply only to the amount of the costs owing at the time the summary judgment is entered, plus administrative costs and interest.
(c) If, because of the failure of any court to promptly perform the duties enjoined upon it pursuant to this section, summary judgment is not entered within 90 days after the date upon which it may first be entered, the right to do so expires and the bail is exonerated.
(d) A dismissal of the complaint, indictment, or information after the default of the defendant shall not release or affect the obligation of the bail bond or undertaking.
(e) The district attorney or county counsel shall:
(1) Demand immediate payment of the judgment within 30 days after the summary judgment becomes final.
(2) If the judgment remains unpaid for a period of 20 days after demand has been made, shall forthwith enforce the judgment in the manner provided for enforcement of money judgments generally. If the judgment is appealed by the surety or bondsman, the undertaking required to be given in these cases shall be provided by a surety other than the one filing the appeal. The undertaking shall comply with the enforcement requirements of Section 917.1 of the Code of Civil Procedure. Notwithstanding Sections 85, 580, 904. 1, and 904.2 of the Code of Civil Procedure, jurisdiction of the appeal, and treatment of the appeal as a limited civil case or an unlimited civil case, is governed by Section 1305.5.
(f) The right to enforce a summary judgment entered against a bondsman pursuant to this section shall expire two years after the entry of the judgment.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 539, p. 702, § 2; Stats.1927, c. 734, p. 1385, § 1; Stats.1929, c. 849, p. 1872, § 1; Stats.1959, c. 2005, p. 4646, § 1; Stats.1965, c. 1926, p. 4449, § 2; Stats.1967, c. 109, p. 1028, § 2; Stats.1969, c. 1194, p. 2329, § 3; Stats.1977, c. 889, p. 2662, § 3.5; Stats.1978, c. 82, p. 217, § 1, eff. April 7, 1978; Stats.1981, c. 226, § 1; Stats.1982, c. 497, p. 2206, § 139, operative July 1, 1983; Stats.1984, c. 1146, § 2; Stats.1987, c. 173, § 1; Stats.1987, c. 1303, § 2, eff. Sept. 28, 1987; Stats.1990, c. 1073 (A.B.3914), § 3; Stats.1991, c. 90 (A.B.1297), § 25, eff. June 30, 1991; Stats.1991, c. 613 (A.B.195), § 7; Stats.1995, c. 56 (S.B.517), § 3; Stats.2012, c. 470 (A.B.1529), § 50.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1306.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1306.1. Inapplicability of Sections 1305, 1306 to certain traffic cases
The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to Section 40512 of the Vehicle Code in those cases arising under Section 40500 of the Vehicle Code.
CREDIT(S)
(Added by Stats.1965, c. 1926, p. 4450, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1307
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1307. Forfeited money deposit; payment to county treasurer
If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 180 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 539, p. 702, § 3; Stats.1939, c. 399, p. 1731, § 1; Stats.1965, c. 1926, p. 4450, § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1308
Effective: January 1, 2000
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1308. Judgment debtors under unpaid summary judgment; eligibility as surety on bail; notice of entry of summary judgment
(a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered pursuant to Section 1306 remains unpaid after the expiration of 30 days after service of the notice of the entry of the summary judgment, provided that, if during the 30 days an action or proceeding available at law is initiated to determine the validity of the order of forfeiture or summary judgment rendered on it, this section shall be rendered inoperative until that action or proceeding has finally been determined, provided that, if an appeal is taken, an appeal bond is posted in compliance with Section 917.1 of the Code of Civil Procedure.
(b) The clerk of the court in which the judgment is rendered shall serve notice of the entry of judgment upon the judgment debtor within five days after the date of the entry of the summary judgment.
CREDIT(S)
(Added by Stats.1929, c. 383, p. 701, § 1. Amended by Stats.1978, c. 82, p. 217, § 2, eff. April 7, 1978; Stats.1987, c. 173, § 1; Stats.1996, c. 94 (A.B.2491), § 2; Stats.1999, c. 570 (A.B.476), § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1309
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
§ 1309. Repealed by Stats.1998, c. 931 (S.B.2139), § 402, eff. Sept. 28, 1998
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1310
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1310. Circumstances authorizing recommitment
The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his or her commitment to the officer to whose custody he or she was committed at the time of giving bail, and his or her detention until legally discharged, in the following cases:
(a) When, by reason of his or her failure to appear, he or she has incurred a forfeiture of his or her bail, or of money deposited instead thereof.
(b) When it satisfactorily appears to the court that his or her bail, or either of them, are dead or insufficient, or have removed from the state.
(c) Upon an indictment being found or information filed in the cases provided in Section 985.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 27, § 96; Stats.1987, c. 828, § 85.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1311
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1311. Order for recommitment; contents
The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, marshal, or policeman in this state, and committed to the officer in whose custody he or she was at the time he or she was admitted to bail, to be detained until legally discharged.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1996, c. 872 (A.B.3472), § 120.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1312
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1312. Arrest on order for recommitment
DEFENDANT MAY BE ARRESTED IN ANY COUNTY. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be indorsed by a magistrate of that county.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1313
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1313. Commitment for nonappearance for judgment upon conviction
IF FOR FAILURE TO APPEAR FOR JUDGMENT, DEFENDANT MUST BE COMMITTED. If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1314
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1314. Bail on order for recommitment
IF FOR OTHER CAUSE, BE ADMITTED TO BAIL. If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which must be specified in the order.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1315
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1315. Bail on order for recommitment; magistrates authorized to take bail
BAIL IN SUCH CASE, BY WHOM TAKEN. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the Court.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1316
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1316. Bail on order for recommitment; form of undertaking
FORM OF THE UNDERTAKING. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form:
An order having been made on the ______ day of ______, A.D. eighteen ______, by the Court (naming it), that A.B. be admitted to bail in the sum of ______ dollars, in an action pending in that Court against him in behalf of the people of the State of California, upon an (information, presentment, indictment, or appeal, as the case may be), we, C.D. and E.F., of (stating their places of residence and occupation), hereby undertake that the above named A.B. will appear in that or any other Court in which his appearance may be lawfully required upon that (information, presentment, indictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ______ dollars (insert the sum in which the defendant is admitted to bail).
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1317
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail
§ 1317. Bail on order for recommitment; qualifications; procedure; provisions applicable
BAIL MUST POSSESS WHAT QUALIFICATIONS, AND HOW PUT IN. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter. [FN1]
CREDIT(S)
(Enacted in 1872.)
[FN1] Sections 1277 to 1281a.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 9, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 9. Procedure Relating to Release on Own Recognizance
DURATION OF ARTICLE
<Article 9, added by Stats.1979, c. 873, § 12, remains in full force and effect following the repeal by Stats.1988, c. 403, § 5, of provisions relating to the duration of the article. See Historical and Statutory Notes under Penal Code § 1268a.>
<Former Article 9, “Release on Own Recognizance,” added by Stats.1959, c. 1340, § 1, was repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981. Provisions which would have made that repeal temporary were repealed by Stats.1988, c. 403, § 5. See Historical and Statutory Notes under Penal Code § 1268a.>
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§ 1318. Release agreement; necessity; filing; signature; contents
(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(1) The defendant's promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
(2) The defendant's promise to obey all reasonable conditions imposed by the court or magistrate.
(3) The defendant's promise not to depart this state without leave of the court.
(4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.
CREDIT(S)
(Added by Stats.1979, c. 873, p. 3042, § 12, operative Jan. 1, 1981. Amended by Stats.1985, c. 1432, § 1; Stats.1988, c. 403, § 4.)
DURATION OF SECTION
<Section 1318, added by Stats.1979, c. 873, § 12, remains in full force and effect following the repeal by Stats.1988, c. 403, § 5, of provisions relating to the duration of the section. See Historical and Statutory Notes under Penal Code § 1268a.>
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§ 1318.1. Investigative staff; violent felony cases; reports; salaries
(a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance.
(b) Whenever a court has employed an investigative staff pursuant to subdivision (a), an investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on his or her own recognizance. The report shall include all of the following:
(1) Written verification of any outstanding warrants against the defendant.
(2) Written verification of any prior incidents where the defendant has failed to make a court appearance.
(3) Written verification of the criminal record of the defendant.
(4) Written verification of the residence of the defendant during the past year.
After the report is certified pursuant to this subdivision, it shall be submitted to the court for review, prior to a hearing held pursuant to Section 1319.
(c) The salaries of the staff are a proper charge against the county.
CREDIT(S)
(Added by Stats.1979, c. 873, p. 3042, § 12, operative Jan. 1, 1981. Amended by Stats.1985, c. 1432, § 2; Stats.1992, c. 1009 (A.B.3621), § 2.)
DURATION OF SECTION
<Section 1318.1, added by Stats.1979, c. 873, § 12, remains in full force and effect following the repeal by Stats.1988, c. 403, § 5 of provisions relating to the duration of the article. See Historical and Statutory Notes under Penal Code § 1268a.>
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1318.2, 1318.4. Repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1318.2, 1318.4. Repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1318.6, 1318.8. Repealed by Stats.1982, c. 1376, § 8, operative Dec. 31, 1985
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1318.8
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1318.6, 1318.8. Repealed by Stats.1982, c. 1376, § 8, operative Dec. 31, 1985
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1319
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§ 1319. Persons arrested for violent felony; hearing; statement of reasons for decision; violent felony defined
(a) No person arrested for a violent felony , as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge, and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter. In all cases, these provisions shall be implemented in a manner consistent with the defendant's right to be taken before a magistrate or judge without unreasonable delay pursuant to Section 825.
(b) A defendant charged with a violent felony, as described in subdivision (c) of Section 667.5, shall not be released on his or her own recognizance where it appears, by clear and convincing evidence, that he or she previously has been charged with a felony offense and has willfully and without excuse from the court failed to appear in court as required while that charge was pending. In all other cases, in making the determination as to whether or not to grant release under this section, the court shall consider all of the following:
(1) The existence of any outstanding felony warrants on the defendant.
(2) Any other information presented in the report prepared pursuant to Section 1318.1. The fact that the court has not received the report required by Section 1318.1, at the time of the hearing to decide whether to release the defendant on his or her own recognizance, shall not preclude that release.
(3) Any other information presented by the prosecuting attorney.
(c) The judge or magistrate who, pursuant to this section, grants or denies release on a person's own recognizance , within the time period prescribed in Section 825, shall state the reasons for that decision in the record. This statement shall be included in the court's minutes. The report prepared by the investigative staff pursuant to subdivision (b) of Section 1318.1 shall be placed in the court file for that particular matter.
CREDIT(S)
(Added by Stats.1986, c. 543, § 1, eff. Aug. 21, 1986. Amended by Stats.1992, c. 1009 (A.B.3621), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1319.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1319.2 to 1319.4. Repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1319.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§§ 1319.2 to 1319.4. Repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1319.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§ 1319.5. Persons arrested for commission of new offense not to be released on recognizance without a hearing
(a) No person described in subdivision (b) who is arrested for a new offense may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.
(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony parole.
(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.
CREDIT(S)
(Added by Stats.1998, c. 520 (S.B.1480), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1319.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 9. Procedure Relating to Release on Own Recognizance (Refs & Annos)
§ 1319.6. Repealed by Stats.1979, c. 873, § 11, operative Jan. 1, 1981
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 1, Art. 10, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 1. Bail
Article 10. Violations
DURATION OF ARTICLE
<Article 10, added by Stats.1979, c. 873, § 13, remains in full force and effect following the repeal by Stats.1988, c. 403, § 5, of provisions relating to the duration of the article. See Historical and Statutory Notes under Penal Code § 1268a.>
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1320
Effective: October 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 10. Violations (Refs & Annos)
§ 1320. Failure to appear after release upon own recognizance; violation; presumption; penalty
(a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.
(b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.
CREDIT(S)
(Added by Stats.1979, c. 873, p. 3043, § 13, operative Jan. 1, 1981. Amended by Stats.1983, c. 1092, § 321, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1985, c. 1432, § 3; Stats.1996, c. 354 (S.B.1571), § 2; Stats.2011, c. 15 (A.B.109), § 459, eff. April 4, 2011, operative Oct. 1, 2011.)
DURATION OF SECTION
<Section 1320 remains in full force and effect following the repeal by Stats.1988, c. 403, § 5, of provisions relating to the duration of the section. See Historical and Statutory Notes under Penal Code § 1268a.>
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1320.5
Effective: October 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 1. Bail (Refs & Annos)
Article 10. Violations (Refs & Annos)
§ 1320.5. Release on bail; willful failure to appear
Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.
CREDIT(S)
(Added by Stats.1983, c. 403, § 1. Amended by Stats.1985, c. 780, § 1; Stats.1996, c. 354 (S.B.1571), § 3; Stats.2011, c. 15 (A.B.109), § 460, eff. April 4, 2011, operative Oct. 1, 2011.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 2, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1321
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§ 1321. Competency; applicability of civil rules; exceptions
WHO ARE COMPETENT WITNESSES. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this Code.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1322
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§§ 1322 to 1323.5. Repealed by Stats.1965, c. 299, p. 1369, §§ 145 to 147, operative Jan. 1, 1967
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1323.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§§ 1322 to 1323.5. Repealed by Stats.1965, c. 299, p. 1369, §§ 145 to 147, operative Jan. 1, 1967
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1324
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§ 1324. Self-incrimination; order compelling testimony; use of privileged testimony or information; perjury, false swearing, or contempt; use immunity or transactional immunity
In any felony proceeding or in any investigation or proceeding before a grand jury for any felony offense if a person refuses to answer a question or produce evidence of any other kind on the ground that he or she may be incriminated thereby, and if the district attorney of the county or any other prosecuting agency in writing requests the court, in and for that county, to order that person to answer the question or produce the evidence, a judge shall set a time for hearing and order the person to appear before the court and show cause, if any, why the question should not be answered or the evidence produced, and the court shall order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest, or could subject the witness to a criminal prosecution in another jurisdiction, and that person shall comply with the order. After complying, and if, but for this section, he or she would have been privileged to withhold the answer given or the evidence produced by him or her, no testimony or other information compelled under the order or any information directly or indirectly derived from the testimony or other information may be used against the witness in any criminal case. But he or she may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. Nothing in this section shall prohibit the district attorney or any other prosecuting agency from requesting an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence.
CREDIT(S)
(Added by Stats.1953, c. 1353, p. 2912, § 1. Amended by Stats.1957, c. 2395, p. 4138, § 1; Stats.1996, c. 302 (A.B.988), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1324.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§ 1324.1. Self-incrimination; misdemeanor; agreement; immunity from prosecution
In any misdemeanor proceeding in any court, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, the person may agree in writing with the district attorney of the county, or the prosecuting attorney of a city, as the case may be, to testify voluntarily pursuant to this section. Upon written request of such district attorney, or prosecuting attorney, the court having jurisdiction of the proceeding shall approve such written agreement, unless the court finds that to do so would be clearly contrary to the public interest. If, after court approval of such agreement, and if, but for this section, the person would have been privileged to withhold the answer given or the evidence produced by him, that person shall not be prosecuted or subjected to penalty or forfeiture for or on account of any fact or act concerning which, in accordance with such agreement, he answered or produced evidence, but he may, nevertheless, be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering or in producing evidence in accordance with such agreement. If such person fails to give any answer or to produce any evidence in accordance with such agreement, that person shall be prosecuted or subjected to penalty or forfeiture in the same manner and to the same extent as he would be prosecuted or subjected to penalty or forfeiture but for this section.
CREDIT(S)
(Added by Stats.1968, c. 528, p. 1179, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1325
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 2. Who May Be Witnesses in Criminal Actions (Refs & Annos)
§ 1325. Repealed by Stats.1953, c. 1353, p. 2912, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 3, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1326
Effective: January 1, 2008
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1326. Subpoena; persons authorized to issue
(a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by any of the following:
(1) A magistrate before whom a complaint is laid or his or her clerk, the district attorney or his or her investigator, or the public defender or his or her investigator, for witnesses in the state.
(2) The district attorney, his or her investigator, or, upon request of the grand jury, any judge of the superior court, for witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried.
(3) The district attorney or his or her investigator, the public defender or his or her investigator, or the clerk of the court in which a criminal action is to be tried. The clerk shall, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him or her, for witnesses in the state, as the defendant may require.
(4) The attorney of record for the defendant.
(b) A subpoena issued in a criminal action that commands the custodian of records or other qualified witness of a business to produce books, papers, documents, or records shall direct that those items be delivered by the custodian or qualified witness in the manner specified in subdivision (b) of Section 1560 of the Evidence Code. Subdivision (e) of Section 1560 of the Evidence Code shall not apply to criminal cases.
(c) In a criminal action, no party, or attorney or representative of a party, may issue a subpoena commanding the custodian of records or other qualified witness of a business to provide books, papers, documents, or records, or copies thereof, relating to a person or entity other than the subpoenaed person or entity in any manner other than that specified in subdivision (b) of Section 1560 of the Evidence Code. When a defendant has issued a subpoena to a person or entity that is not a party for the production of books, papers, documents, or records, or copies thereof, the court may order an in camera hearing to determine whether or not the defense is entitled to receive the documents. The court may not order the documents disclosed to the prosecution except as required by Section 1054.3.
(d) This section shall not be construed to prohibit obtaining books, papers, documents, or records with the consent of the person to whom the books, papers, documents, or records relate.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 27, § 97; Stats.1937, c. 215, p. 511, § 1; Stats.1939, c. 1015, p. 2800, § 1; Stats.1951, c. 1674, p. 3856, § 138; Stats.1953, c. 613, p. 1859, § 4; Stats.1959, c. 501, p. 2458, § 19; Stats.1959, c. 1058, p. 3102, § 1; Stats.1971, c. 1196, p. 2292, § 2; Stats.1972, c. 543, p. 933, § 1; Stats.2004, c. 162 (A.B.1249), § 2; Stats.2007, c. 263 (A.B.310), § 30.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1326.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1326.1. Production of utility records
(a) An order for the production of utility records in whatever form and however stored shall be issued by a judge only upon a written ex parte application by a peace officer showing specific and articulable facts that there are reasonable grounds to believe that the records or information sought are relevant and material to an ongoing investigation of a felony violation of Section 186.10 or of any felony subject to the enhancement set forth in Section 186.11. The ex parte application shall specify with particularity the records to be produced, which shall be only those of the individual or individuals who are the subject of the criminal investigation. The ex parte application and any subsequent judicial order shall be open to the public as a judicial record unless ordered sealed by the court, for a period of 60 days. The sealing of these records may be extended for 60-day periods upon a showing to the court that it is necessary for the continuance of the investigation. Sixty-day extensions may continue for up to one year or until termination of the investigation of the individual or individuals, whichever is sooner. The records ordered to be produced shall be returned to the peace officer applicant or his or her designee within a reasonable time period after service of the order upon the holder of the utility records.
(b) As used in subdivision (a), “utility records” include, but are not limited to, subscriber information, telephone or pager number information, toll call records, call detail records, automated message accounting records, billing statements, payment records, and applications for service in the custody of companies engaged in the business of providing telephone, pager, electric, gas, propane, water, or other like services. “Utility records” do not include the installation of, or the data collected from the installation of pen registers or trap-tracers, nor the contents of a wire or electronic communication.
(c) Nothing in this section shall preclude the holder of the utility records from notifying a customer of the receipt of the order for production of records unless a court orders the holder of the utility records to withhold notification to the customer upon a finding that this notice would impede the investigation. Where a court has made an order to withhold notification to the customer under this subdivision, the peace officer or law enforcement agency who obtained the utility records shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation.
(d) No holder of utility records, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information in response to an order pursuant to this section, or (B) complying with an order under this section not to disclose to the customer, the order or the dissemination of information pursuant to the order.
(e) Nothing in this section shall preclude the holder of the utility records from voluntarily disclosing information or providing records to law enforcement upon request.
(f) Utility records released pursuant to this section shall be used only for the purpose of criminal investigations and prosecutions.
CREDIT(S)
(Added by Stats.1998, c. 757 (A.B.976), § 5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1326.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1326.2. Production of escrow or title records
(a) An order for the production of escrow or title records in whatever form and however stored shall be issued by a judge only upon a written ex parte application by a peace officer showing specific and articulable facts that there are reasonable grounds to believe that the records or information sought are relevant and material to an ongoing investigation of a felony violation of Section 186.10 or of any felony subject to the enhancement set forth in Section 186.11. The ex parte application shall specify with particularity the records to be produced, which shall be only those of the individual or individuals who are the subject of the criminal investigation. The ex parte application and any subsequent judicial order shall be open to the public as a judicial record unless ordered sealed by the court, for a period of 60 days. The sealing of these records may be extended for 60-day periods upon a showing to the court that it is necessary for the continuance of the investigation. Sixty-day extensions may continue for up to one year or until termination of the investigation of the individual or individuals, whichever is sooner. The records ordered to be produced shall be returned to the peace officer applicant or his or her designee within a reasonable time period after service of the order upon the holder of the escrow or title records.
(b) As used in subdivision (a), “holder of escrow or title records” means a title insurer that engages in the “business of title insurance,” as defined by Section 12340.3 of the Insurance Code, an underwritten title company, or an escrow company.
(c) Nothing in this section shall preclude the holder of the escrow or title records from notifying a customer of the receipt of the order for production of records unless a court orders the holder of the escrow or title records to withhold notification to the customer upon a finding that this notice would impede the investigation. Where a court has made an order to withhold notification to the customer under this subdivision, the peace officer or law enforcement agency who obtained the escrow or title records shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation.
(d) No holder of escrow or title records, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information in response to an order pursuant to this section, or (B) complying with an order under this section not to disclose to the customer, the order or the dissemination of information pursuant to the order.
(e) Nothing in this section shall preclude the holder of the escrow or title records from voluntarily disclosing information or providing records to law enforcement upon request.
CREDIT(S)
(Added by Stats.1998, c. 757 (A.B.976), § 6.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1327
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1327. Subpoena; form
A subpoena authorized by Section 1326 shall be substantially in the following form:
The people of the State of California to A.B.:
You are commanded to appear before C.D., a judge of the __________ Court of __________ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E.F.
Given under my hand this __________ day of __________, A.D. 19__________. G.H., Judge of the __________ Court (or “J.K., District Attorney,” or “J.K., District Attorney Investigator,” or “D.E., Public Defender,” or “D.E., Public Defender Investigator,” or “F.G., Defense Counsel,” or “By order of the court, L.M., Clerk,” or as the case may be).
If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena: “And you are required, also, to bring with you the following” (describing intelligibly the books, papers, or documents required).
CREDIT(S)
(Enacted in 1872. Amended by Stats.1951, c. 1608, p. 3617, § 20; Stats.1971, c. 1196, p. 2292, § 3; Stats.1972, c. 543, p. 933, § 2; Stats.1998, c. 931 (S.B.2139), § 403, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328. Service of subpoenas; servers; persons served; minors; returns; method; nonacceptance
(a) A subpoena may be served by any person, except that the defendant may not serve a subpoena in the criminal action to which he or she is a party, but a peace officer shall serve in his or her county any subpoena delivered to him or her for service, either on the part of the people or of the defendant, and shall, without delay, make a written return of the service, subscribed by him or her, stating the time and place of service. The service is made by delivering a copy of the subpoena to the witness personally.
(b)(1) If service is to be made on a minor, service shall be made on the minor's parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, unless the parent, guardian, conservator, or fiduciary or other specified person is the defendant, and on the minor if the minor is 12 years of age or older. The person served shall have the obligation of producing the minor at the time and place designated in the subpoena. A willful failure to produce the minor is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure. The person served shall be allowed the fees and expenses that are provided for subpoenaed witnesses.
(2) If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code, and the minor is not residing with a parent or guardian, regardless of the age of the minor, service shall also be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the child has been placed.
(3) The court having jurisdiction of the case shall have the power to appoint a guardian ad litem to receive service of a subpoena of the child and shall have the power to produce the child ordered to court under this section.
(c) If any peace officer designated in Section 830 is required as a witness before any court or magistrate in any action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her duties, a criminal subpoena issued pursuant to this chapter requiring his or her attendance may be served either by delivering a copy to the peace officer personally or by delivering two copies to his or her immediate superior or agent designated by his or her immediate superior to receive the service or, in those counties where the local agencies have consented with the marshal's office or sheriff's office, where appropriate, to participate, by sending a copy by electronic means, including electronic mail, computer modem, facsimile, or other electronic means, to his or her immediate superior or agent designated by the immediate superior to receive the service. If the service is made by electronic means, the immediate superior or agency designated by his or her immediate superior shall acknowledge receipt of the subpoena by telephone or electronic means to the sender of origin. If service is made upon the immediate superior or agent designated by the immediate superior, the immediate superior or the agent shall deliver a copy of the subpoena to the peace officer as soon as possible and in no event later than a time which will enable the peace officer to comply with the subpoena.
(d) If the immediate superior or his or her designated agent upon whom service is attempted to be made knows he or she will be unable to deliver a copy of the subpoena to the peace officer within a time which will allow the peace officer to comply with the subpoena, the immediate superior or agent may refuse to accept service of process and is excused from any duty, liability, or penalty arising in connection with the service, upon notifying the server of that fact.
(e) If the immediate superior or his or her agent is tendered service of a subpoena less than five working days prior to the date of hearing, and he or she is not reasonably certain he or she can complete the service, he or she may refuse acceptance.
(f) If the immediate superior or agent upon whom service has been made, subsequently determines that he or she will be unable to deliver a copy of the subpoena to the peace officer within a time which will allow the peace officer to comply with the subpoena, the immediate superior or agent shall notify the server or his or her office or agent not less than 48 hours prior to the hearing date indicated on the subpoena, and is thereby excused from any duty, liability, or penalty arising because of his or her failure to deliver a copy of the subpoena to the peace officer. The server, so notified, is therewith responsible for preparing the written return of service and for notifying the originator of the subpoena if required.
(g) Notwithstanding subdivision (c), in the case of peace officers employed by the California Highway Patrol, if service is made upon the immediate superior or upon an agent designated by the immediate superior of the peace officer, the immediate superior or the agent shall deliver a copy of the subpoena to the peace officer on the officer's first workday following acceptance of service of process. In this case, failure of the immediate superior or the designated agent to deliver the subpoena shall not constitute a defect in service.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1967, c. 61, p. 961, § 1; Stats.1968, c. 122, p. 335, § 5; Stats.1969, c. 311, p. 678, § 2; Stats.1982, c. 1098, p. 3998, § 2; Stats.1988, c. 642, § 1; Stats.1991, c. 315 (A.B.742), § 1; Stats.1995, c. 576 (A.B.1225), § 10; Stats.1999, c. 662 (S.B.218), § 14; Stats.2002, c. 1008 (A.B.3028), § 26.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328.5. Peace officers; statement of business address in lieu of place of residence
Whenever any peace officer is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an event or transaction which he has perceived or investigated in the course of his duties, where his testimony would become a matter of public record, and where he is required to state the place of his residence, he need not state the place of his residence, but in lieu thereof, he may state his business address.
CREDIT(S)
(Added by Stats.1971, c. 636, p. 1254, § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328.6. Criminalists, examiners, analysts and other specialists as witnesses; statement of business address in lieu of place of residence
Whenever any criminalist, questioned document examiner, latent print analyst, polygraph examiner employed by the Department of Justice, a police department, a sheriff's office, or a district attorney's office, an intelligence specialist or other technical specialist employed by the Department of Justice, a custodial officer employed in a local detention facility, or an employee of the county welfare department or the department which administers the county public social services program, is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her official duties, where his or her testimony would become a matter of public record, and where he or she is required to state the place of his or her residence, he or she need not state the place of his or her residence, but in lieu thereof, he or she may state his or her business address, unless the court finds, after an in camera hearing, that the probative value of the witness's residential address outweighs the creation of substantial danger to the witness.
Nothing in this section shall abridge or limit a defendant's right to discover or investigate this information. This section is not intended to apply to confidential informants.
CREDIT(S)
(Added by Stats.1977, c. 858, p. 2597, § 1. Amended by Stats.1984, c. 535, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328a. Subpoena; telegraphic copy; effect
A telegraphic copy of a subpoena for a witness in a criminal proceeding may be sent by telegraph or teletype to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held the original subpoena issued.
CREDIT(S)
(Added by Stats.1963, c. 803, § 1833, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328b
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328b. Subpoena; telegraphic copy; sending officer's duties
Every officer causing telegraphic copies of subpoenas to be sent, must certify as correct, and file in the telegraph office from which such copies are sent, a copy of the subpoena, and must return the original with a statement of his action thereunder.
CREDIT(S)
(Added by Stats.1963, c. 803, p. 1833, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328c
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328c. Subpoena; telegraphic copy; service and return
A peace officer must serve in his county or city any subpoena delivered to him by telegraph or teletype for service and must without delay make a return of the service by telegraph or teletype. Any officer making a return of service of a subpoena by telegraph or teletype must certify as to his actions in making the service and file in the telegraph office from which the return is sent a written statement with his signature in the same form as the return on an original subpoena. The service of a teletype subpoena is made by showing the original teletype to the witness personally and informing him of its contents and delivering to him a copy of the teletype.
CREDIT(S)
(Added by Stats.1963, c. 803, p. 1833, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1328d
Effective: January 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1328d. Subpoena; delivery by mail or messenger; continuance
Notwithstanding Section 1328, a subpoena may be delivered by mail or messenger. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the Internet by e-mail or by completion of the sender's online form, or in person, and identifies himself or herself by reference to his or her date of birth and his or her driver's license number or Department of Motor Vehicles identification card number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person. The sender shall retain a copy of any acknowledgment received over the Internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.
A party requesting a continuance based upon the failure of a witness to appear in court at the time and place required for his or her appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with the provisions of this section. Such a continuance shall only be granted for a period of time which would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
CREDIT(S)
(Added by Stats.1983, c. 541, § 1. Amended by Stats.1983, c. 1194, § 3; Stats.1986, c. 992, § 2; Stats.2010, c. 709 (S.B.1062), § 16.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1329
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1329. Witnesses; fees and expenses; procedure for payment; rate
(a) When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, whether upon a subpoena or in pursuance of an undertaking, or voluntarily, the court, at its discretion, if the attendance of the witness be upon a trial may by an order upon its minutes, or in any criminal proceeding, by a written order, direct the county auditor to draw his warrant upon the county treasurer in favor of such witness for witness' fees at the rate of twelve dollars ($12) for each day's actual attendance and for a reasonable sum to be specified in the order for the necessary expenses of such witness. The court, in its discretion, may make an allowance under this section, or under any appropriate section in Chapter 1 (commencing with Section 68070), Title 8, of the Government Code, other than Section 68093. The allowances are county charges.
(b) The court, in its discretion, may authorize payment to such a witness, if he is employed and if his salary is not paid by his employer during the time he is absent from his employment because of being such a witness, of a sum equal to his gross salary for such time, but such sum shall not exceed eighteen dollars ($18) per day. The sum is a county charge.
A person compensated under the provisions of this subdivision may not receive the payment of witness' fees as provided for in subdivision (a).
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1875-76, c. 154, p. 117, § 1; Stats.1931, c. 695, p. 1437, § 1; Stats.1937, c. 184, p. 480, § 1; Stats.1957, c. 1908, p. 3339, § 1; Stats.1970, c. 1061, p. 1893, § 7; Stats.1973, c. 1083, p. 2199, § 1; Stats.1981, c. 184, § 5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1329.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1329.1. Witnesses; fees and mileage; notice of entitlement
Any witness who is subpoenaed in any criminal action or proceeding shall be given written notice on the subpoena that the witness may be entitled to receive fees and mileage. Such notice shall indicate generally the manner in which a request or claim for fees and mileage should be made.
CREDIT(S)
(Added by Stats.1979, c. 67, p. 171, § 2, operative July 1, 1980.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1330
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1330. Witness; attendance; distance; endorsement of order on subpoena; subpoena duces tecum
No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless the distance be less than 150 miles from his or her place of residence to the place of trial, or unless the judge of the court in which the offense is triable, or a justice of the Supreme Court, or a judge of a superior court, or, in the case of a minor concerning whom a petition has been filed pursuant to Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, by the judge of the juvenile court hearing the petition, upon an affidavit of the district attorney or prosecutor, or of the defendant, or his or her counsel, or in the case involving a minor in whose behalf a petition has been filed in the juvenile court, of the probation officer approving the filing of the petition or of any party to the action, or his or her counsel, stating that he or she believes the evidence of the witness is material, and his or her attendance at the examination, trial, or hearing is material and necessary, shall endorse on the subpoena an order for the attendance of the witness.
When a subpoena duces tecum is duly issued according to any other provision of law and is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his or her personal attendance is not required by the terms of the subpoena, the limitations of this section shall not apply.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 56, p. 34, § 13; Stats.1953, c. 1308, p. 2868, § 1; Stats.1965, c. 131, p. 1083, § 1; Stats.1971, c. 438, p. 899, § 155; Stats.1972, c. 393, p. 716, § 1; Stats.1987, c. 828, § 86.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1331
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1331. Witnesses; disobedience to subpoena; refusal to be sworn or to testify; contempt; liability to defendant; statutory damages
DISOBEDIENCE TO SUBPOENA, ETC. Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the Court or magistrate as a contempt. A witness disobeying a subpoena issued on the part of the defendant, unless he show good cause for his nonattendance, is liable to the defendant in the sum of one hundred dollars, which may be recovered in a civil action.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1331.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1331.5. Subpoenaed witness; agreement to appear at other time; contempt
Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued, to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as a contempt, and a subpoena shall so state. The facts establishing such agreement and the failure to appear may be shown by the affidavit of any person having personal knowledge of the facts and the court may grant such continuance as may be appropriate.
CREDIT(S)
(Added by Stats.1972, c. 393, p. 716, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1332
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1332. Material witnesses; order for written undertaking; commitment for refusal to comply; review; forfeiture
(a) Notwithstanding the provisions of Sections 878 to 883, inclusive, when the court is satisfied, by proof on oath, that there is good cause to believe that any material witness for the prosecution or defense, whether the witness is an adult or a minor, will not appear and testify unless security is required, at any proceeding in connection with any criminal prosecution or in connection with a wardship petition pursuant to Section 602 of the Welfare and Institutions Code, the court may order the witness to enter into a written undertaking to the effect that he or she will appear and testify at the time and place ordered by the court or that he or she will forfeit an amount the court deems proper.
(b) If the witness required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the court may commit the witness, if an adult, to the custody of the sheriff, and if a minor, to the custody of the probation officer or other appropriate agency, until the witness complies or is legally discharged.
(c) When a person is committed pursuant to this section, he or she is entitled to an automatic review of the order requiring a written undertaking and the order committing the person, by a judge or magistrate having jurisdiction over the offense other than the one who issued the order. This review shall be held not later than two days from the time of the original order of commitment.
(d) If it is determined that the witness must remain in custody, the witness is entitled to a review of that order after 10 days.
(e) When a witness has entered into an undertaking to appear, upon his or her failure to do so the undertaking is forfeited in the same manner as undertakings of bail.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1981, c. 918, § 1; Stats.1987, c. 828, § 87.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1333
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3. Compelling the Attendance of Witnesses (Refs & Annos)
§ 1333. Repealed by Stats.1941, c. 106, p. 1080, § 16
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 3a, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State
UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT A STATE IN CRIMINAL PROCEEDINGS
<Table of Jurisdictions Wherein Act Has Been Adopted>
<For text of Uniform Act, and variation notes and annotation materials for adopting jurisdictions, see Uniform Laws Annotated, Master Edition, Volume 11.>
|
Jurisdiction |
Laws |
Effective Date |
Statutory Citation |
|
Alabama |
1977, No. 638, p. 1084 |
|
Code 1975, §§ 12-21-280 to 12-21-285. |
|
Alaska |
1962, c. 34 |
3-23-1962 [FN*] |
AS 12.50.010 to 12.50.080. |
|
Arizona |
1937, c. 74 |
3-25-1937 [FN*] |
A.R.S. §§ 13-4091 to 13-4096. |
|
Arkansas |
1935, No. 65 |
2-20-1935 [FN*] |
A.C.A. §§ 16-43-402 to 16-43-409. |
|
California |
1937, p. 562 |
8-27-1937 |
West's Ann.Cal.Penal Code, §§ 1334 to 1334.6. |
|
Colorado |
1939, c. 99 |
4-10-1939 |
West's C.R.S.A. §§ 16-9-201 to 16-9-205. |
|
Connecticut |
1937, c. 333 |
4-16-1937 |
C.G.S.A. § 54-82i. |
|
Delaware |
1937, c. 214 |
4-7-1937 |
11 Del.C. §§ 3521 to 3526. |
|
District of Columbia |
1952, Stat. 15 |
3-5-1952 |
D.C. Official Code, 2001 Ed. §§ 23-1501 to 23-1504. |
|
Florida |
1941, c. 20458 |
5-26-1941 [FN*] |
West's F.S.A. §§ 942.01 to 942.06. |
|
Georgia |
1976, No. 1351 |
3-31-1976 |
O.C.G.A. §§ 24-10-90 to 24-10-97. |
|
Hawaii |
1972, c. 9 |
1-1-1973 |
HRS §§ 836-1 to 836-6. |
|
Idaho |
1935, c. 10 |
2-11-1935 [FN*] |
I.C. § 19-3005. |
|
Illinois |
1959, p. 2147 |
7-23-1959 |
S.H.A.
725 ILCS 220/ |
|
Indiana |
1935, c. 21 |
7-1-1935 |
West's A.I.C. 35-37-5-1 to 35-37-5-9. |
|
Iowa |
|
|
I.C.A. §§ 819.1 to 819.5. |
|
Kansas |
1951, c. 354 |
3-31-1951 [FN*] |
K.S.A. 22-4201 to 22-4206. |
|
Kentucky |
1952, c. 132 |
6-19-1952 |
KRS 421.230 to 421.270. |
|
Louisiana |
1936, No. 285 |
7-9-1936 [FN*] |
LSA-C.Cr.P. arts. 741 to 745. |
|
Maine |
1939, c. 9 |
2-21-1939 [FN*] |
15 M.R.S.A. §§ 1411 to 1415. |
|
Maryland |
1955, c. 333 |
6-1-1955 |
Code, Courts and Judicial Proceedings, §§ 9-301 to 9-306. |
|
Massachusetts |
1937, c. 210 |
4-16-1937 [FN*] |
M.G.L.A. c. 233, §§ 13A to 13D. |
|
Michigan |
1970, No. 232 |
12-3-1970 |
M.C.L.A. §§ 767.91 to 767.95. |
|
Minnesota |
1935, c. 140 |
4-11-1935 [FN*] |
M.S.A. §§ 634.06 to 634.09. |
|
Mississippi |
1938, c. 261 |
4-7-1938 |
Code 1972, §§ 99-9-27 to 99-9-35. |
|
Missouri |
1959, H.B. 295 |
6-12-1959 [FN*] |
V.A.M.S. §§ 491.400 to 491.450. |
|
Montana |
1937, c. 188 |
3-18-1937 |
MCA 46-15-112, 46-15-113, 46-15-120. |
|
Nebraska |
1937, c. 71 |
5-13-1937 [FN*] |
R.R.S.1943, §§ 29-1906 to 29-1911. |
|
Nevada |
1957, c. 41 |
2-18-1951 |
N.R.S. 174.395 to 174.445. |
|
New Hampshire |
1937, c. 65 |
4-15-1937 |
RSA 613:1 to 613:6. |
|
New Jersey |
1941, c. 88 |
4-28-1941 |
N.J.S.A. 2A:81-18 to 2A:81-23. |
|
New Mexico |
1937, c. 66 |
3-5-1937 [FN*] |
NMSA 1978, §§ 31-8-1 to 31-8-6. |
|
New York |
1936, c. 387 |
5-1-1936 |
McKinney's CPL § 640.10. |
|
North Carolina |
1937, c. 217 |
3-17-1937 |
G.S. §§ 15A-811 to 15A-816. |
|
Ohio |
1937, p. 668 |
8-23-1937 |
R.C. §§ 2939.25 to 2939.29. |
|
Oklahoma |
1949, p. 205 |
4-21-1949 |
22 Okl.St.Ann. §§ 721 to 727. |
|
Oregon |
1937, c. 124 |
2-26-1937 [FN*] |
ORS 136.623 to 136.637. |
|
Pennsylvania |
1941, P.L. 147 |
6-23-1941 |
42 Pa.C.S.A. §§ 5961 to 5965. |
|
Rhode Island |
1936, c. 2382 |
5-1-1936 [FN*] |
Gen.Laws 1956, §§ 12-16-1 to 12-16-13. |
|
South Carolina |
1948, p. 1810 |
4-8-1948 |
Code 1976, §§ 19-9-10 to 19-9-130. |
|
South Dakota |
1937, c. 259 |
3-6-1937 [FN*] |
SDCL 23A-14-1 et seq. |
|
Tennessee |
1939, c. 148 |
3-7-1939 [FN*] |
T.C.A. §§ 40-17-201 to 40-17-212. |
|
Texas |
1951, c. 441 |
6-15-1951 |
Vernon's Ann.Texas C.C.P. art. 24.28. |
|
Utah |
1937, c. 147 |
3-17-1937 |
U.C.A.1953, 77-21-1 to 77-21-5. |
|
Vermont |
1937, No. 46 |
3-9-1937 |
13 V.S.A. §§ 6641 to 6649. |
|
Virgin Islands |
1957, No. 160 |
9-1-1957 |
5 V.I.C. §§ 3861 to 3865. |
|
Virginia |
1938, c. 397 |
4-1-1938 [FN*] |
Code 1950, §§ 19.2-272 to 19.2-282. |
|
Washington |
1943, c. 218 |
3-20-1943 [FN*] |
West's RCWA 10.55.010 to 10.55.130. |
|
West Virginia |
1937, c. 41 |
3-12-1937 [FN*] |
Code, 62-6A-1 to 62-6A-6. |
|
Wisconsin |
1969, c. 255 |
7-1-1970 |
W.S.A. 976.02. |
|
Wyoming |
1935, c. 120 |
2-20-1935 |
Wyo.Stat.Ann. §§ 7-11-404 to 7-11-406. |
[FN*] Date of approval.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334. Short title
This chapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 563, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.1. Words and phrases
As used in this chapter:
(a) “Witness” includes any person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal action, prosecution, or proceeding.
(b) “State” means any State or Territory of the United States and the District of Columbia.
(c) “Grand jury investigation” means any grand jury investigation which has commenced or is about to commence.
(d) “Per diem” means a sum of money the purpose of which is to provide for personal expenses, including, but not limited to, food and lodging.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 563, § 1. Amended by Stats.1987, c. 322, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.2. Reciprocity; certificate of foreign court as to materiality and necessity of domestic witness; hearing; subpoena, issuance and conditions; certificate as evidence; custody, hearing, and delivery forthwith; disobedience of subpoena after tender of fees and mileage, punishment
If a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that his or her presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and he or she shall make an order directing the witness to appear at the hearing.
If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that he or she is required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, he or she shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his or her attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him or her for the hearing.
If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, he or she may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 563, § 1. Amended by Stats.1969, c. 734, p. 1469, § 1; Stats.1987, c. 322, § 2; Stats.1988, c. 160, § 133.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.3. Reciprocity; certificate of domestic court as to materiality and necessity of foreign witness; certificate as evidence; order for custody; tender of mileage and fee; disobedience to subpoena; inmate in prison facility
(a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county of such other state in which the witness is found.
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state, the judge may direct that the witness be forthwith brought before him or her. If the judge is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, he or she may order that the witness be forthwith taken into custody and delivered to an officer of this state. This order shall be sufficient authority to the officer to take the witness into custody and hold him or her unless and until he or she may be released by bail, recognizance, or order of the judge issuing the certificate.
If the witness is subpoenaed to attend and testify in this state, he or she shall be tendered the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airlines fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and except as provided in subdivision (b), a per diem of twenty dollars ($20) for each day that he or she is required to travel and attend as a witness. The judge of the court in which the witness is ordered to appear shall order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court shall find reasonable and necessary. A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness fails without good cause to attend and testify as directed in the subpoena, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(b) If the witness subpoenaed to attend and testify in this state is at the time he or she is required to appear and testify an inmate of a state prison, county jail, or other penal facility, the witness shall, while attending in this state as a witness, be furnished food and lodging in the jail or other appropriate penal facility in the county in which the witness is attending court, and food and lodging of that penal facility shall be rendered in lieu of the per diem specified in subdivision (a).
CREDIT(S)
(Added by Stats.1937, c. 262, p. 564, § 1. Amended by Stats.1969, c. 734, p. 1471, § 2; Stats.1987, c. 322, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.4. Foreign witness; immunity from arrest or process
If a person comes into this State in obedience to a subpoena directing him to attend and testify in this State, he shall not, while in this State pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the subpoena.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 564, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.5. Foreign witness passing through state; immunity from arrest or process
If a person passes through this State while going to another State in obedience to a subpoena or order to attend and testify in that State or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the subpoena or order.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 564, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1334.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 3A. Attendance of Witnesses Outside the State (Refs & Annos)
§ 1334.6. Construction to effect uniformity
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact similar legislation.
CREDIT(S)
(Added by Stats.1937, c. 262, p. 565, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 4, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1335
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1335. Cases in which authorized
(a) When a defendant has been charged with a public offense triable in any court, he or she in all cases, and the people in cases other than those for which the punishment may be death, may, if the defendant has been fully informed of his or her right to counsel as provided by law, have witnesses examined conditionally in his or her or their behalf, as prescribed in this chapter.
(b) When a defendant has been charged with a serious felony or in a case of domestic violence, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter, if there is evidence that the life of the witness is in jeopardy.
(c) As used in this section, “serious felony” means any of the felonies listed in subdivision (c) of Section 1192.7 or any violation of Section 11351, 11352, 11378, or 11379 of the Health and Safety Code.
(d) If a defendant has been charged with a case of domestic violence and there is evidence that a victim or material witness has been or is being dissuaded by the defendant or any person acting on behalf of the defendant, by intimidation or a physical threat, from cooperating with the prosecutor or testifying at trial, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter.
(e) For the purposes of this section, “domestic violence” means any public offense arising from acts of domestic violence as defined in Section 13700.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 27, § 98; Stats.1905, c. 540, p. 702, § 1; Stats.1951, c. 96, p. 354, § 1; Stats.1967, c. 295, p. 1478, § 1; Stats.1985, c. 783, § 2; Stats.2005, c. 305 (A.B.620), § 1; Stats.2009, c. 567 (S.B.197), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1336
Effective: January 1, 2006
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1336. Application; grounds; dependent adult
(a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehension that he or she will be unable to attend the trial, or is a person 65 years of age or older, or a dependent adult, the defendant or the people may apply for an order that the witness be examined conditionally.
(b) When there is evidence that the life of a witness is in jeopardy, the defendant or the people may apply for an order that the witness be examined conditionally.
(c) As used in this section, “dependent adult” means any person who is between the ages of 18 and 65, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 65, who is admitted as an inpatient to a 24-hour facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 540, p. 702, § 2; Stats.1985, c. 783, § 3; Stats.2000, c. 186 (A.B.1891), § 1; Stats.2005, c. 305 (A.B.620), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1337
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1337. Application; contents of supporting affidavit
The application shall be made upon affidavit stating all of the following:
(a) The nature of the offense charged.
(b) The state of the proceedings in the action.
(c) The name and residence of the witness, and that his or her testimony is material to the defense or the prosecution of the action.
(d) That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial, or is a person 65 years of age or older, or a dependent adult, or that the life of the witness is in jeopardy, or that the witness is a victim or material witness in a domestic violence case who has been or is being intimidated or threatened as described in subdivision (d) of Section 1335 from cooperating with the prosecutor or testifying at trial.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 540, p. 702, § 3; Stats.1985, c. 783, § 4; Stats.2004, c. 405 (S.B.1796), § 13; Stats.2005, c. 305 (A.B.620), § 3; Stats.2009, c. 567 (S.B.197), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1338
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1338. Application; notice
The application may be made to the court or a judge thereof, and must be made upon three days' notice to the opposite party.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 25, p. 5, § 1; Stats.1905, c. 540, p. 703, § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1339
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1339. Order for examination; specification of time, place, and magistrate
If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 540, p. 703, § 5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1340
Effective: January 1, 2009
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1340. Presence of defendant; procedure where defendant in custody; two-way video conference system
(a) The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he or she is, must be informed of the time and place of the examination, and must take the defendant thereto, and keep him or her in the presence and hearing of the witness during the examination.
(b) If the court determines that the witness to be examined is so sick or infirm as to be unable to participate in the examination in person, the court may allow the examination to be conducted by a contemporaneous, two-way video conference system, in which the parties and the witness can see and hear each other via electronic communication.
(c) Nothing in this section is intended to require the court to acquire two-way video conference equipment for these purposes.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 540, p. 703, § 6; Stats.2008, c. 14 (A.B.1158), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1341
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1341. Examination not to take place on showing of absence of grounds
If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that the application was made to avoid the examination of the witness at the trial, the examination cannot take place.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 540, p. 703, § 7; Stats.1985, c. 783, § 5; Stats.2004, c. 405 (S.B.1796), § 14; Stats.2005, c. 305 (A.B.620), § 4; Stats.2009, c. 567 (S.B.197), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1342
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1342. Attendance of witness; enforcement by subpoena
ATTENDANCE OF WITNESS, HOW ENFORCED. The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1343
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1343. Testimony; reduction to writing; authentication; video recordation
The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information. Additionally, the testimony may be video-recorded.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1997, c. 19 (A.B.249), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1344
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1344. Deposition; sealing and transmittal to clerk
DEPOSITION TO BE TRANSMITTED TO CLERK. The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1345
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4. Examination of Witnesses Conditionally (Refs & Annos)
§ 1345. Deposition; reading in evidence; video recordings; objections
The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party at the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question or answer contained in the deposition or video-recording as if the witness had been examined orally in court.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1965, c. 299, p. 1369, § 148, operative Jan. 1, 1967; Stats.1997, c. 19 (A.B.249), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1346
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4.5. Examination of Victims of Sexual Crimes
§ 1346. Victims age 15 or less or developmentally disabled as a result of intellectual disability; use of videotape to preserve testimony at preliminary hearing; procedure; use as former testimony; protective order; availability for viewing; destruction
(a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288, 288a, 288.5, 289, or 647.6, and the victim either is a person 15 years of age or less or is developmentally disabled as a result of an intellectual disability, as specified in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the people may apply for an order that the victim's testimony at the preliminary hearing, in addition to being stenographically recorded, be recorded and preserved on videotape.
(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved on videotape. The videotape shall be transmitted to the clerk of the court in which the action is pending.
(d) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the videotape of the victim's testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code.
(e) A videotape that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.
(f) A videotape made pursuant to this section shall be made available to the prosecuting attorney, the defendant, and his or her attorney for viewing during ordinary business hours. A videotape that is made available pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim.
(g) The tape shall be destroyed after five years have elapsed from the date of entry of judgment, except that if an appeal is filed, the tape shall not be destroyed until a final judgment on appeal has been rendered.
CREDIT(S)
(Added by Stats.1982, c. 98, § 1. Amended by Stats.1983, c. 942, § 1; Stats.1984, c. 1423, § 8, eff. Sept. 26, 1984; Stats.1985, c. 309, § 1; Stats.1986, c. 681, § 1; Stats.1989, c. 1402, § 13; Stats.1998, c. 97 (A.B.126), § 1; Stats.2012, c. 448 (A.B.2370), § 40; Stats.2012, c. 457 (S.B.1381), § 40.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1346.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4.5. Examination of Victims of Sexual Crimes
§ 1346.1. Spousal rape or infliction of corporal injury on specified persons; use of videotape to preserve testimony at preliminary hearing; procedure
(a) When a defendant has been charged with a violation of Section 262 or subdivision (a) of Section 273.5, the people may apply for an order that the victim's testimony at the preliminary hearing, in addition to being stenographically recorded, be recorded and preserved on videotape.
(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved on videotape. The videotape shall be transmitted to the clerk of the court in which the action is pending.
(d) If the victim's prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the videotape recording of that testimony may be introduced as evidence at trial.
CREDIT(S)
(Added by Stats.1993, c. 344 (S.B.178), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1347
Effective: January 1, 2006
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4.5. Examination of Victims of Sexual Crimes
§ 1347. Child witnesses; contemporaneous examination and cross-examination by closed-circuit television
(a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court's truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in the individual case present compelling evidence of the need to use these alternative procedures.
(b) Notwithstanding any other law, the court in any criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court's own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings:
(1) The minor's testimony will involve a recitation of the facts of any of the following:
(A) An alleged sexual offense committed on or with the minor.
(B) An alleged violent felony, as defined in subdivision (c) of Section 667.5, of which the minor is a victim.
(C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim.
(2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used.
(A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness.
(B) The defendant used a deadly weapon in the commission of the offense.
(C) The defendant threatened serious bodily injury to the child or the child's family, threatened incarceration or deportation of the child or a member of the child's family, threatened removal of the child from the child's family, or threatened the dissolution of the child's family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution.
(D) The defendant inflicted great bodily injury upon the child in the commission of the offense.
(E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony.
In making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor's refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor's testimony.
(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys.
(c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days' [FN1] written notice of the prosecution's intent to seek the use of one-way closed-circuit television, unless good cause is shown to the court why this 30-day notice requirement should not apply.
(d)(1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing; nor shall the court deny the motion on the ground that the minor has not testified.
(3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers.
(e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following:
(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor.
(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures.
(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor.
(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved on videotape in addition to being stenographically recorded. The videotape shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The videotape shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the tape shall not be destroyed until a final judgment on appeal has been ordered. Any videotape that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.
(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A videotape shall record the image of the minor and his or her testimony, and a separate videotape shall record the image of the support person.
(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge's chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting.
(h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary.
(i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed- circuit television is used, the defendant's image shall be transmitted live to the witness.
(j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code.
(k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget.
(l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.
CREDIT(S)
(Added by Stats.1985, c. 43, § 1, eff. May 20, 1985. Amended by Stats.1986, c. 774, § 2; Stats.1987, c. 828, § 88; Stats.1991, c. 948 (S.B.905), § 1; Stats.1998, c. 669 (A.B.1077), § 1; Stats.1998, c. 670 (A.B.1692), § 1.5; Stats.1999, c. 83 (S.B.966), § 153; Stats.2000, c. 207 (S.B.1715), § 1; Stats.2002, c. 96 (S.B.1559), § 1; Stats.2005, c. 480 (S.B.138), § 1.)
[FN1] So in enrolled bill.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1347.5
Effective: January 1, 2005
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4.5. Examination of Victims of Sexual Crimes
§ 1347.5. Testimony of disabled victims; closed-circuit TV; accommodations; legislative intent and construction of section; report to Legislature
(a) It is the intent of the Legislature, in enacting this section, to provide the court with discretion to modify court procedures, as a reasonable accommodation, to assure that adults and children with disabilities who have been victims of an alleged sexual or otherwise specified offense are able to participate effectively in criminal proceedings. In exercising its discretion, the court shall balance the rights of the defendant against the right of the victim who has a disability to full access and participation in the proceedings, while preserving the integrity of the court's truthfinding function.
(1) For purposes of this section, the term “disability” is defined in paragraphs (1) and (2) of subdivision (c) of Section 11135 of the Government Code.
(2) The right of the victim is not to confront the perpetrator, but derives under both Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and following) as a right to participate in or benefit from the same services or services that are equal or as effective as those enjoyed by persons without disabilities.
(b) Notwithstanding any other law, in any criminal proceeding in which the defendant is charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288, 288a, 288.5, or 289, subdivision (1) of Section 314, Section 368,647.6, or with any attempt to commit a crime listed in this subdivision, committed with or upon a person with a disability, the court in its discretion may make accommodations to support the person with a disability, including, but not limited to, any of the following:
(1) Allow the person with a disability reasonable periods of relief from examination and cross-examination during which he or she may retire from the courtroom. The judge may also allow other witnesses in the proceeding to be examined when the person with a disability retires from the courtroom.
(2) Allow the person with a disability to utilize a support person pursuant to Section 868.5 or a regional center representative providing services to a developmentally disabled individual pursuant to Article 1 (commencing with Section 4620) or Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. In addition to, or instead of, allowing the person with a disability to utilize a support person or regional center representative pursuant to this paragraph, the court may allow the person with a disability to utilize a person necessary to facilitate the communication or physical needs of the person with a disability.
(3) Notwithstanding Section 68119 of the Government Code, the judge may remove his or her robe if the judge believes that this formal attire prevents full participation of the person with a disability because it is intimidating to him or her.
(4) The judge, parties, witnesses, support persons, and court personnel may be relocated within the courtroom to facilitate a more comfortable and personal environment for the person with a disability as well as accommodating any specific requirements for communication by that person.
(c) The prosecutor may apply for an order that the testimony of the person with a disability at the preliminary hearing, in addition to being stenographically recorded, be recorded and preserved on videotape.
(1) The application for the order shall be in writing and made three days prior to the preliminary hearing.
(2) Upon timely receipt of the application, the judge shall order that the testimony of the person with a disability given at the preliminary hearing be taken and preserved on videotape. The videotape shall be transmitted to the clerk of the court in which the action is pending.
(3) If at the time of trial the court finds that further testimony would cause the person with a disability emotional trauma so that he or she is medically unavailable or otherwise unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the videotape of his or her testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code.
(4) Any videotape that is taken pursuant to this subdivision is subject to a protective order of the court for the purpose of protecting the privacy of the person with a disability. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.
(d) Notwithstanding any other law, the court in any criminal proceeding, upon written notice of the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the person with a disability is scheduled, or during the course of the proceeding on the court's own motion, may order that the testimony of the person with a disability be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, and defendant, and communicated to the courtroom by means of two-way closed-circuit television, if the court makes all of the following findings:
(1) The person with a disability will be called on to testify concerning facts of an alleged sexual offense, or other crime as specified in subdivision (b), committed on or with that person.
(2) The impact on the person with a disability of one or more of the factors enumerated in subparagraphs (A) to (D), inclusive, is shown by clear and convincing evidence to be so substantial as to make the person with a disability unavailable as a witness unless closed-circuit television is used. The refusal of the person with a disability to testify shall not alone constitute sufficient evidence that the special procedure described in this subdivision is necessary in order to accommodate the disability. The court may take into consideration the relationship between the person with a disability and the defendant or defendants.
(A) Threats of serious bodily injury to be inflicted on the person with a disability or a family member, of incarceration, institutionalization, or deportation of the person with a disability or a family member, or of removal of the person with a disability from his or her residence by withholding needed services when the threats come from a service provider, in order to prevent or dissuade the person with a disability from attending or giving testimony at any trial or court proceeding or to prevent that person from reporting the alleged offense or from assisting in criminal prosecution.
(B) Use of a firearm or any other deadly weapon during the commission of the crime.
(C) Infliction of great bodily injury upon the person with a disability during the commission of the crime.
(D) Conduct on the part of the defendant or defense counsel during the hearing or trial that causes the person with a disability to be unable to continue his or her testimony.
(e)(1) The hearing on the motion brought pursuant to this subdivision shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the person with a disability to testify at the hearing; nor shall the court deny the motion on the ground that the person with a disability has not testified.
(3) In determining whether the impact on an individual person with a disability of one or more of the factors enumerated under paragraph (2) of subdivision (d) is so substantial that the person is unavailable as a witness unless the closed-circuit television procedure is employed, the court may question the person with a disability in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person described under paragraph (2) of subdivision (b), the prosecutor, and defense counsel present. At this time the court shall explain the process to the person with a disability. The defendant or defendants shall not be present; however, the defendant or defendants shall have the opportunity to contemporaneously observe the proceedings by closed-circuit television. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers.
(f) When the court orders the testimony of a victim who is a person with a disability to be taken in another place outside of the courtroom, the court shall do all of the following:
(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of assuring the full participation of the victim who is a person with a disability by accommodating that individual's disability.
(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures.
(4) Instruct the support person, if the person is part of the court's accommodation of the disability, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the person with a disability.
(5) Order that a complete record of the examination of the person with a disability, including the images and voices of all persons who in any way participate in the examination, be made and preserved on videotape in addition to being stenographically recorded. The videotape shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant, and his or her attorney, during ordinary business hours. The videotape shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the tape shall not be destroyed until a final judgment on appeal has been ordered. Any videotape that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the person with a disability. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.
(g) When the court orders the testimony of a victim who is a person with a disability to be taken in another place outside the courtroom, nothing in this section shall prohibit the court from ordering the victim to appear in the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary.
(h) The examination shall be under oath, and the defendant shall be able to see and hear the person with a disability. If two-way closed-circuit television is used, the defendant's image shall be transmitted live to the person with a disability.
(i) Nothing in this section shall affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code.
(j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget.
(k) This section shall not be construed to obviate the need to provide other accommodations necessary to ensure accessibility of courtrooms to persons with disabilities nor prescribe a lesser standard of accessibility or usability for persons with disabilities than that provided by Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and following) and federal regulations adopted pursuant to that act.
(l) The Judicial Council shall report to the Legislature, no later than two years after the enactment of this subdivision, on the frequency of the use and effectiveness of admitting the videotape of testimony by means of closed-circuit television.
CREDIT(S)
(Added by Stats.1995, c. 844 (S.B.303), § 1. Amended by Stats.1998, c. 97 (A.B.126), § 2; Stats.2004, c. 823 (A.B.20), § 16.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1348.5
Effective: January 1, 2002
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 4.5. Examination of Victims of Sexual Crimes
§ 1348.5. Repealed by Stats.2001, c. 115 (S.B.153), § 26
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 5, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1349
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1349. Examination of nonresident witness for defendant
When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 28, § 100; Stats.1980, c. 676, § 253.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1350
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1350. Application for examination on commission
WHEN DEFENDANT MAY APPLY FOR AN ORDER TO EXAMINE, ETC. When a material witness for the defendant resides out of the State, the defendant may apply for an order that the witness be examined on a commission.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1351
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1351. Commission defined; deposition
COMMISSION DEFINED. A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner, authorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1352
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1352. Application for examination on commission; supporting affidavit; contents
APPLICATION MADE ON AFFIDAVIT. The application must be made upon affidavit, stating:
1. The nature of the offense charged;
2. The State of the proceedings in the action, and that an issue of fact has been joined therein;
3. The name of the witness, and that his testimony is material to the defense of the action;
4. That the witness resides out of the State.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1353
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1353. Application for examination on commission; direction to court; notice
The application may be made to the Court, or a Judge thereof, and must be upon three days' notice to the District Attorney.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 25, p. 6, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1354
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1354. Order for issuance of commission; stay of trial
If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony; and the Court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 28, § 101.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1355
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1355. Proposed interrogatories and cross-interrogatories; notice; scope; modification and allowance by court; annexation to commission
INTERROGATIONS, HOW SETTLED AND ALLOWED. When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days' notice of the time at which they will be presented to the Court or Judge. The District Attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the Court or Judge, according to the notice given, the Court or Judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1356
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1356. Commission; directions as to return
DIRECTION AS TO THE RETURN OF THE COMMISSION. Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the Clerk of the Court in which the action is pending, designating his name and the place where his office is kept.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1357
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1357. Commission; execution; examination procedure; preparation of deposition; formalities; return; annexation of copy of section
The commissioner, unless otherwise specially directed, may execute the commission in the following order:
(a) He or she shall publicly administer an oath to the witness that his or her answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.
(b) He or she shall cause the examination of the witness to be reduced to writing and subscribed by the witness.
(c) He or she shall write the answers of the witness as near as possible in the language in which he or she gives them, and read to the witness each answer as it is taken down, and correct or add to it until it conforms to what he or she declares is the truth.
(d) If the witness declines to answer a question, that fact, with the reason assigned by him or her for declining, shall be stated.
(e) If any papers or documents are produced before him or her and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.
(f) The commissioner shall subscribe his or her name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and shall close it up under seal, and address it as directed by the indorsement thereon.
(g) If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner shall comply with the direction.
A copy of this section shall be annexed to the commission.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 451, § 80; Stats.1989, c. 1360, § 115.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1358
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1358. Commission; delivery and return by agent; affidavit of agent
If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is directed, or to the Judge of the Court in which the action is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the Commissioner, and that it has not been opened or altered since he received it.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 1358, § 102.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1359
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1359. Commission; return by third party on death or disability of agent; affidavit
COMMISSION, HOW RETURNED, WHEN DELIVERED TO AN AGENT FOR THAT PURPOSE. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the Clerk or Judge from any other person, upon his making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the Commissioner.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1360
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1360. Commission; receiving and filing on return
The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the office of the clerk of the court in which the indictment is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall receive it from the post office, and open and file it in his or her office, where it must remain, unless otherwise directed by the court or judge.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1987, c. 828, § 89.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1361
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1361. Commission and return; inspection; copies
COMMISSION AND RETURN TO OPEN FOR INSPECTION. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies of the same or of any part thereof, on payment of his fees.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1362
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5. Examination of Witnesses on Commission (Refs & Annos)
§ 1362. Depositions taken under commission; admissibility in evidence; objections
The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question in the interrogatories or to an answer in the deposition as if the witness had been examined orally in court.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1965, c. 299, p. 1369, § 149, operative Jan. 1, 1967.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 5.5, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 5.5. Sex Offenders [Repealed]
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1364
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5.5. Sex Offenders [Repealed] (Refs & Annos)
§§ 1364 to 1366. Repealed by Stats.1994, c. 1190 (S.B.728), § 2, operative Jan. 1, 1998
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1365
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5.5. Sex Offenders [Repealed] (Refs & Annos)
§§ 1364 to 1366. Repealed by Stats.1994, c. 1190 (S.B.728), § 2, operative Jan. 1, 1998
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1366
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 5.5. Sex Offenders [Repealed] (Refs & Annos)
§§ 1364 to 1366. Repealed by Stats.1994, c. 1190 (S.B.728), § 2, operative Jan. 1, 1998
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 6, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1367
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1367. Mentally incompetent persons; trial or punishment prohibited; application of specified sections
(a) A person cannot be tried or adjudged to punishment while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.
(b) Section 1370 shall apply to a person who is charged with a felony and is incompetent as a result of a mental disorder. Sections 1367.1 and 1370.01 shall apply to a person who is charged with a misdemeanor or misdemeanors only, and the judge finds reason to believe that the defendant is mentally disordered, and may, as a result of the mental disorder, be incompetent to stand trial. Section 1370.1 shall apply to a person who is incompetent as a result of a developmental disability and shall apply to a person who is incompetent as a result of a mental disorder, but is also developmentally disabled.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1974, c. 1511, p. 3316, § 2, eff. Sept. 27, 1974; Stats.1977, c. 695, p. 2241, § 1; Stats.1980, c. 547, § 7; Stats.1992, c. 722 (S.B.485), § 10, eff. Sept. 15, 1992.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1367.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1367.1. Incompetency during pendency of action, prior to judgment; judge's conclusion; order for evaluation and treatment; suspension of proceedings; conclusion of evaluation and treatment
(a) During the pendency of an action and prior to judgment in a case when the defendant has been charged with a misdemeanor or misdemeanors only, if the defendant's behavior or other evidence leads the judge to conclude that there is reason to believe that the defendant is mentally disordered and as a result may be incompetent to stand trial, the judge shall state this conclusion and his or her reasons in the record. The judge shall inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally disordered. If the defendant is not represented by counsel, the court shall appoint counsel. At the request of the defendant or his or her counsel or upon its own motion, the court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the defendant and to form an opinion as to whether the defendant is mentally disordered at that time.
(b) If counsel informs the court that he or she believes the defendant is or may be mentally disordered, the court shall order that the defendant be referred for evaluation and treatment in accordance with Section 4011.6. If counsel informs the court that he or she believes the defendant is not mentally disordered, the court may nevertheless order that the defendant be referred for evaluation and treatment in accordance with Section 4011.6. The judge may order the facility providing evaluation and treatment to provide the court a copy of the discharge summary at the conclusion of evaluation and treatment.
(c) Except as provided in Section 1368.1, when an order for evaluation and treatment in accordance with Section 4011.6 has been issued, all proceedings in the criminal prosecution shall be suspended until the evaluation and treatment has been concluded.
If a jury has been impaneled and sworn to try the defendant, the jury may be discharged if it appears to the court that undue hardship to the jurors would result if the jury is retained on call.
(d) When evaluation and treatment ordered pursuant to this section has concluded, the defendant shall be returned to court. If it appears to the judge that the defendant is competent to stand trial, the criminal process shall resume, the trial on the offense or offenses charged shall proceed, and judgment may be pronounced. If the judge has reason to believe that the defendant may be incompetent to stand trial despite the treatment ordered pursuant to this section, the judge may order that the question of the defendant's mental competence to stand trial is to be determined in a hearing held pursuant to Sections 1368.1 and 1369. If the defendant is found mentally incompetent, then the provision of Section 1370.01 shall apply.
CREDIT(S)
(Added by Stats.1992, c. 722 (S.B.485), § 11, eff. Sept. 15, 1992.)
VALIDITY
This section was held unconstitutional in the case of Pederson v. Superior Court (App. 2 Dist. 2003) 130 Cal.Rptr.2d 289, 105 Cal.App.4th 931.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1368
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1368. Doubt as to defendant's sanity; mental competence; hearing; stay of criminal proceedings; discharge or retention of jury
(a) If, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. If the defendant is not represented by counsel, the court shall appoint counsel. At the request of the defendant or his or her counsel or upon its own motion, the court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the defendant and to form an opinion as to the mental competence of the defendant at that point in time.
(b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant's mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. If counsel informs the court that he or she believes the defendant is mentally competent, the court may nevertheless order a hearing. Any hearing shall be held in the superior court.
(c) Except as provided in Section 1368.1, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of the present mental competence of the defendant has been determined.
If a jury has been impaneled and sworn to try the defendant, the jury shall be discharged only if it appears to the court that undue hardship to the jurors would result if the jury is retained on call.
If the defendant is declared mentally incompetent, the jury shall be discharged.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 452, § 81; Code Am.1880, c. 47, p. 28, § 103; Stats.1905, c. 246, p. 222, § 1; Stats.1937, c. 133, p. 373, § 1; Stats.1974, c. 1511, p. 3317, § 3, eff. Sept. 27, 1974; Stats.1998, c. 932 (A.B.1094), § 40.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1368.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1368.1. Proceedings on demurrer or motion pending competency determination
(a) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an information unless the counsel for the defendant requests a preliminary examination under the provisions of Section 859b. At such preliminary examination, counsel for the defendant may (1) demur, (2) move to dismiss the complaint on the ground that there is not reasonable cause to believe that a felony has been committed and that the defendant is guilty thereof, or (3) make a motion under Section 1538.5.
(b) If the action is on a complaint charging a misdemeanor, counsel for the defendant may (1) demur, (2) move to dismiss the complaint on the ground that there is not reasonable cause to believe that a public offense has been committed and that the defendant is guilty thereof, or (3) make a motion under Section 1538.5.
(c) In ruling upon any demurrer or motion described in subdivision (a) or (b), the court may hear any matter which is capable of fair determination without the personal participation of the defendant.
(d) A demurrer or motion described in subdivision (a) or (b) shall be made in the court having jurisdiction over the complaint. The defendant shall not be certified until the demurrer or motion has been decided.
CREDIT(S)
(Added by Stats.1974, c. 1511, p. 3317, § 4, eff. Sept. 27, 1974. Amended by Stats.1982, c. 444, § 1; Stats.1998, c. 931 (S.B.2139), § 404, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1369
Effective: January 1, 2008
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1369. Trial of issue of mental competence; psychiatric evaluations; order of proceedings
A trial by court or jury of the question of mental competence shall proceed in the following order:
(a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant's counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. The examining psychiatrists or licensed psychologists shall evaluate the nature of the defendant's mental disorder, if any, the defendant's ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.
The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.
(b)(1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of the defendant's present mental competence.
(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.
(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1974, c. 1511, p. 3318, § 5, eff. Sept. 27, 1974; Stats.1977, c. 695, p. 2242, § 2; Stats.1980, c. 859, § 1; Stats.2004, c. 486 (S.B.1794), § 1; Stats.2007, c. 556 (S.B.568), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1369.1
Effective: June 27, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1369.1. Administering antipsychotic medication in county jail; court ordered; reporting
(a) As used in this chapter, “treatment facility” includes a county jail. Upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff, the jail may be designated to provide medically approved medication to defendants found to be mentally incompetent and unable to provide informed consent due to a mental disorder, pursuant to this chapter. In the case of Madera, Napa, and Santa Clara Counties, the concurrence shall be with the board of supervisors, the county mental health director, and the county sheriff or the chief of corrections. The provisions of Sections 1370 and 1370.01 shall apply to antipsychotic medications provided in a county jail, provided, however, that the maximum period of time a defendant may be treated in a treatment facility pursuant to this section shall not exceed six months.
(b) This section does not abrogate or limit any provision of law enacted to ensure the due process rights set forth in Sell v. United States (2003) 539 U.S. 166.
(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
CREDIT(S)
(Added by Stats.2007, c. 556 (S.B.568), § 3. Amended by Stats.2008, c. 179 (S.B.1498), § 181; Stats.2009, c. 140 (A.B.1164), § 148; Stats.2009, c. 35 (S.B.174), § 12; Stats.2012, c. 24 (A.B.1470), § 25, eff. June 27, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370
Effective: July 1, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370. Resolution of question of mental competence; procedure after commitment to hospital or other facility; antipsychotic medication; dismissal; conservatorship
(a)(1)(A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or judgment shall be suspended until the person becomes mentally competent.
(i) In the meantime, the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered, or to any other available public or private treatment facility, including a local county jail treatment facility, approved by the community program director that will promote the defendant's speedy restoration to mental competence, or placed on outpatient status as specified in Section 1600.
(ii) However, if the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290, the prosecutor shall determine whether the defendant previously has been found mentally incompetent to stand trial pursuant to this chapter on a charge of a Section 290 offense, or whether the defendant is currently the subject of a pending Section 1368 proceeding arising out of a charge of a Section 290 offense. If either determination is made, the prosecutor shall so notify the court and defendant in writing. After this notification, and opportunity for hearing, the court shall order that the defendant be delivered by the sheriff to a state hospital or other secure treatment facility for the care and treatment of the mentally disordered unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iii) If the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290 and the defendant has been denied bail pursuant to subdivision (b) of Section 12 of Article I of the California Constitution because the court has found, based upon clear and convincing evidence, a substantial likelihood that the person's release would result in great bodily harm to others, the court shall order that the defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice in writing of any finding of mental incompetence with respect to a defendant who is subject to clause (ii) or (iii) for inclusion in his or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence, the court shall order that the defendant be returned to court in accordance with Section 1372. The court shall transmit a copy of its order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered to a state hospital or treatment facility pursuant to this subdivision unless the state hospital or treatment facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, “violent felony” means an offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on outpatient status, as specified in Section 1600, only if the court finds that the placement will not pose a danger to the health or safety of others. If the court places a defendant charged with a violent felony on outpatient status, as specified in Section 1600, the court must serve copies of the placement order on defense counsel, the sheriff in the county where the defendant will be placed and the district attorney for the county in which the violent felony charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be confined in a state hospital or other treatment facility or placed on outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be required to undergo outpatient treatment, or committed to a state hospital or to any other treatment facility. No person shall be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. The community program director or designee shall evaluate the appropriate placement for the defendant between a state hospital or a local county jail treatment facility based upon guidelines provided by the State Department of State Hospitals. If a local county jail treatment facility is selected, the State Department of State Hospitals shall provide treatment at the county jail treatment facility and reimburse the county jail treatment facility for the reasonable costs of the bed during the treatment. The six-month limitation in Section 1369.1 shall not apply to individuals deemed incompetent to stand trial who are being treated to restore competency within a county jail treatment facility pursuant to this section.
(B) The court shall hear and determine whether the defendant lacks capacity to make decisions regarding the administration of antipsychotic medication, and shall proceed as follows:
(i) The court shall hear and determine whether any of the following is true:
(I) The defendant lacks capacity to make decisions regarding antipsychotic medication, the defendant's mental disorder requires medical treatment with antipsychotic medication, and, if the defendant's mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the patient will result. Probability of serious harm to the physical or mental health of the defendant requires evidence that the defendant is presently suffering adverse effects to his or her physical or mental health, or the defendant has previously suffered these effects as a result of a mental disorder and his or her condition is substantially deteriorating. The fact that a defendant has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the defendant.
(II) The defendant is a danger to others, in that the defendant has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in his or her being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others. Demonstrated danger may be based on an assessment of the defendant's present mental condition, including a consideration of past behavior of the defendant within six years prior to the time the defendant last attempted to inflict, inflicted, or threatened to inflict substantial physical harm on another, and other relevant evidence.
(III) The people have charged the defendant with a serious crime against the person or property, involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial, the medication is unlikely to have side effects that interfere with the defendant's ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner, less intrusive treatments are unlikely to have substantially the same results, and antipsychotic medication is in the patient's best medical interest in light of his or her medical condition.
(ii) If the court finds any of the conditions described in clause (i) to be true, the court shall issue an order authorizing the treatment facility to involuntarily administer antipsychotic medication to the defendant when and as prescribed by the defendant's treating psychiatrist. The court shall not order involuntary administration of psychotropic medication under subclause (III) of clause (i) unless the court has first found that the defendant does not meet the criteria for involuntary administration of psychotropic medication under subclause (I) of clause (i) and does not meet the criteria under subclause (II) of clause (i).
(iii) In all cases, the treating hospital, facility, or program may administer medically appropriate antipsychotic medication prescribed by a psychiatrist in an emergency as described in subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(iv) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication, and if the defendant, with advice of his or her counsel, consents, the court order of commitment shall include confirmation that antipsychotic medication may be given to the defendant as prescribed by a treating psychiatrist pursuant to the defendant's consent. The commitment order shall also indicate that, if the defendant withdraws consent for antipsychotic medication, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily.
(v) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication and if the defendant, with advice from his or her counsel, does not consent, the court order for commitment shall indicate that, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily.
(vi) Any report made pursuant to paragraph (1) of subdivision (b) shall include a description of any antipsychotic medication administered to the defendant and its effects and side effects, including effects on the defendant's appearance or behavior that would affect the defendant's ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner. During the time the defendant is confined in a state hospital or other treatment facility or placed on outpatient status, either the defendant or the people may request that the court review any order made pursuant to this subdivision. The defendant, to the same extent enjoyed by other patients in the state hospital or other treatment facility, shall have the right to contact the patients' rights advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as described in clause (iv) of subparagraph (B), but subsequently withdraws his or her consent, or, if involuntary antipsychotic medication was not ordered pursuant to clause (v) of subparagraph (B), and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. If informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication based on the conditions described in subclause (I) or (II) of clause (i) of subparagraph (B), the treating psychiatrist shall certify whether the lack of capacity and any applicable conditions described above exist. That certification shall contain an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate.
(D)(i) If the treating psychiatrist certifies that antipsychotic medication has become medically necessary and appropriate pursuant to subparagraph (C), antipsychotic medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of the certification, the defendant is provided a medication review hearing before an administrative law judge to be conducted at the facility where the defendant is receiving treatment. The treating psychiatrist shall present the case for the certification for involuntary treatment and the defendant shall be represented by an attorney or a patients' rights advocate. The attorney or patients' rights advocate shall be appointed to meet with the defendant no later than one day prior to the medication review hearing to review the defendant's rights at the medication review hearing, discuss the process, answer questions or concerns regarding involuntary medication or the hearing, assist the defendant in preparing for the hearing and advocating for his or her interests at the hearing, review the panel's final determination following the hearing, advise the defendant of his or her right to judicial review of the panel's decision, and provide the defendant with referral information for legal advice on the subject. The defendant shall also have the following rights with respect to the medication review hearing:
(I) To being given timely access to the defendant's records.
(II) To be present at the hearing, unless the defendant waives that right.
(III) To present evidence at the hearing.
(IV) To question persons presenting evidence supporting involuntary medication.
(V) To make reasonable requests for attendance of witnesses on the defendant's behalf.
(VI) To a hearing conducted in an impartial and informal manner.
(ii) If the administrative law judge determines that the defendant either meets the criteria specified in subclause (I) of clause (i) of subparagraph (B), or meets the criteria specified in subclause (II) of clause (i) of subparagraph (B), then antipsychotic medication may continue to be administered to the defendant for the 21-day certification period. Concurrently with the treating psychiatrist's certification, the treating psychiatrist shall file a copy of the certification and a petition with the court for issuance of an order to administer antipsychotic medication beyond the 21-day certification period. For purposes of this subparagraph, the treating psychiatrist shall not be required to pay or deposit any fee for the filing of the petition or other document or paper related to the petition.
(iii) If the administrative law judge disagrees with the certification, medication may not be administered involuntarily until the court determines that antipsychotic medication should be administered pursuant to this section.
(iv) The court shall provide notice to the prosecuting attorney and to the attorney representing the defendant, and shall hold a hearing, no later than 18 days from the date of the certification, to determine whether antipsychotic medication should be ordered beyond the certification period.
(v) If, as a result of the hearing, the court determines that antipsychotic medication should be administered beyond the certification period, the court shall issue an order authorizing the administration of that medication.
(vi) The court shall render its decision on the petition and issue its order no later than three calendar days after the hearing and, in any event, no later than the expiration of the 21-day certification period.
(3) When the court orders that the defendant be confined in a state hospital or other public or private treatment facility, the court shall provide copies of the following documents which shall be taken with the defendant to the state hospital or other treatment facility where the defendant is to be confined:
(A) The commitment order, including a specification of the charges.
(B) A computation or statement setting forth the maximum term of commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation reports.
(G) The community program director's placement recommendation report.
(H) Records of any finding of mental incompetence pursuant to this chapter arising out of a complaint charging a felony offense specified in Section 290 or any pending Section 1368 proceeding arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a treatment facility pursuant to clause (i) of subparagraph (B) of paragraph (1) or the court makes the findings specified in clause (ii) or (iii) of subparagraph (B) of paragraph (1) to assign the defendant to a treatment facility other than a state hospital or other secure treatment facility, the court shall order that notice be given to the appropriate law enforcement agency or agencies having local jurisdiction at the site of the placement facility of any finding of mental incompetence pursuant to this chapter arising out of a charge of a Section 290 offense.
(5) When directing that the defendant be confined in a state hospital pursuant to this subdivision, the court shall select the hospital in accordance with the policies established by the State Department of State Hospitals.
(6)(A) If the defendant is committed or transferred to a state hospital pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, transfer the defendant to a state hospital or to another public or private treatment facility approved by the community program director. In the event of dismissal of the criminal charges before the defendant recovers competence, the person shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). Where either the defendant or the prosecutor chooses to contest either kind of order of transfer, a petition may be filed in the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as are used in conducting probation revocation hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee.
(B) If the defendant is initially committed to a state hospital or secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is subsequently transferred to any other facility, copies of the documents specified in paragraph (3) shall be taken with the defendant to each subsequent facility to which the defendant is transferred. The transferring facility shall also notify the appropriate law enforcement agency or agencies having local jurisdiction at the site of the new facility that the defendant is a person subject to clause (ii) or (iii) of subparagraph (B) of paragraph (1).
(7) An order by the court authorizing involuntary medication of the defendant shall be valid for no more than one year. The court shall review the order six months after the order was made to determine if the grounds for the authorization remain. In the review, the court shall consider the reports of the treating psychiatrist or psychiatrists and the defendant's patients' rights advocate or attorney. The court may require testimony from the treating psychiatrist or psychiatrists and the patients' rights advocate or attorney, if necessary. The court may continue the order authorizing involuntary medication for up to another six months, or vacate the order, or make any other appropriate order.
(b)(1) Within 90 days of a commitment made pursuant to subdivision (a), the medical director of the state hospital or other treatment facility to which the defendant is confined shall make a written report to the court and the community program director for the county or region of commitment, or a designee, concerning the defendant's progress toward recovery of mental competence. Where the defendant is on outpatient status, the outpatient treatment staff shall make a written report to the community program director concerning the defendant's progress toward recovery of mental competence. Within 90 days of placement on outpatient status, the community program director shall report to the court on this matter. If the defendant has not recovered mental competence, but the report discloses a substantial likelihood that the defendant will regain mental competence in the foreseeable future, the defendant shall remain in the state hospital or other treatment facility or on outpatient status. Thereafter, at six-month intervals or until the defendant becomes mentally competent, where the defendant is confined in a treatment facility, the medical director of the hospital or person in charge of the facility shall report in writing to the court and the community program director or a designee regarding the defendant's progress toward recovery of mental competence. Where the defendant is on outpatient status, after the initial 90-day report, the outpatient treatment staff shall report to the community program director on the defendant's progress toward recovery, and the community program director shall report to the court on this matter at six-month intervals. A copy of these reports shall be provided to the prosecutor and defense counsel by the court. If the report indicates that there is no substantial likelihood that the defendant will regain mental competence in the foreseeable future, the committing court shall order the defendant to be returned to the court for proceedings pursuant to paragraph (2) of subdivision (c). The court shall transmit a copy of its order to the community program director or a designee.
(2) Where the court has issued an order authorizing the treating facility to involuntarily administer antipsychotic medication to the defendant, the reports made at six-month intervals concerning the defendant's progress toward regaining competency shall also consider the issue of involuntary medication. Each report shall include, but is not limited to, all the following:
(A) Whether or not the defendant has the capacity to make decisions concerning antipsychotic medication.
(B) If the defendant lacks capacity to make decisions concerning antipsychotic medication, whether the defendant risks serious harm to his or her physical or mental health if not treated with antipsychotic medication.
(C) Whether or not the defendant presents a danger to others if he or she is not treated with antipsychotic medication.
(D) Whether the defendant has a mental illness for which medications are the only effective treatment.
(E) Whether there are any side effects from the medication currently being experienced by the defendant that would interfere with the defendant's ability to collaborate with counsel.
(F) Whether there are any effective alternatives to medication.
(G) How quickly the medication is likely to bring the defendant to competency.
(H) Whether the treatment plan includes methods other than medication to restore the defendant to competency.
(I) A statement, if applicable, that no medication is likely to restore the defendant to competency.
(3) After reviewing the reports, the court shall determine whether or not grounds for the order authorizing involuntary administration of antipsychotic medication still exist and shall do one of the following:
(A) If the original grounds for involuntary medication still exist, the order authorizing the treating facility to involuntarily administer antipsychotic medication to the defendant shall remain in effect.
(B) If the original grounds for involuntary medication no longer exist, and there is no other basis for involuntary administration of antipsychotic medication, the order for the involuntary administration of antipsychotic medication shall be vacated.
(C) If the original grounds for involuntary medication no longer exist, and the report states that there is another basis for involuntary administration of antipsychotic medication, the court shall set a hearing within 21 days to determine whether the order for the involuntary administration of antipsychotic medication shall be vacated or whether a new order for the involuntary administration of antipsychotic medication shall be issued. The hearing shall proceed as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(4) Any defendant who has been committed or has been on outpatient status for 18 months and is still hospitalized or on outpatient status shall be returned to the committing court where a hearing shall be held pursuant to the procedures set forth in Section 1369. The court shall transmit a copy of its order to the community program director or a designee.
(5) If it is determined by the court that no treatment for the defendant's mental impairment is being conducted, the defendant shall be returned to the committing court. The court shall transmit a copy of its order to the community program director or a designee.
(6) At each review by the court specified in this subdivision, the court shall determine if the security level of housing and treatment is appropriate and may make an order in accordance with its determination. If the court determines that the defendant shall continue to be treated in the state hospital or on an outpatient basis, the court shall determine issues concerning administration of antipsychotic medication, as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(c)(1) At the end of three years from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the information, indictment, or misdemeanor complaint, whichever is shorter, a defendant who has not recovered mental competence shall be returned to the committing court. The court shall notify the community program director or a designee of the return and of any resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to paragraph (1) or (4) of subdivision (b) or paragraph (1) of this subdivision and it appears to the court that the defendant is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall order the conservatorship investigator of the county of commitment of the defendant to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the community program director or a designee, the sheriff and the district attorney of the county in which criminal charges are pending, and the defendant's counsel of record. The court shall notify the community program director or a designee, the sheriff and district attorney of the county in which criminal charges are pending, and the defendant's counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is committed pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall provide notice and an opportunity to be heard with respect to the proposed placement of the defendant to the sheriff and the district attorney of the county in which criminal charges are pending.
(4) Where the defendant is confined in a treatment facility, a copy of any report to the committing court regarding the defendant's progress toward recovery of mental competence shall be provided by the committing court to the prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the community program director or a designee.
(e) If the criminal charge against the defendant is dismissed, the defendant shall be released from any commitment ordered under this section, but without prejudice to the initiation of any proceedings that may be appropriate under the Lanterman-Petris-Short Act, Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.
(f) As used in this chapter, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, “secure treatment facility” shall not include, except for state mental hospitals, state developmental centers, and correctional treatment facilities, any facility licensed pursuant to Chapter 2 (commencing with Section 1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2 (commencing with Section 1569) of, Division 2 of the Health and Safety Code, or any community board and care facility.
(h) Nothing in this section shall preclude a defendant from filing a petition for habeas corpus to challenge the continuing validity of an order authorizing a treatment facility or outpatient program to involuntarily administer antipsychotic medication to a person being treated as incompetent to stand trial.
(i) This section shall become operative on July 1, 2012.
CREDIT(S)
(Added by Stats.2011, c. 654 (A.B.366), § 2, operative July 1, 2012. Amended by Stats.2012, c. 162 (S.B.1171), § 128; Stats.2012, c. 24 (A.B.1470), § 27, eff. June 27, 2012, operative July 1, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.01
Effective: September 22, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.01. Effect of mental competency finding on criminal process; treatment order; administration of antipsychotic medication; return to court; dismissal of action
(a)(1) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may be pronounced. If the defendant is found mentally incompetent, the trial or judgment shall be suspended until the person becomes mentally competent, and the court shall order that (A) in the meantime, the defendant be delivered by the sheriff to an available public or private treatment facility approved by the county mental health director that will promote the defendant's speedy restoration to mental competence, or placed on outpatient status as specified in this section, and (B) upon the filing of a certificate of restoration to competence, the defendant be returned to court in accordance with Section 1372. The court shall transmit a copy of its order to the county mental health director or his or her designee.
(2) Prior to making the order directing that the defendant be confined in a treatment facility or placed on outpatient status, the court shall proceed as follows:
(A) The court shall order the county mental health director or his or her designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be required to undergo outpatient treatment, or committed to a treatment facility. No person shall be admitted to a treatment facility or placed on outpatient status under this section without having been evaluated by the county mental health director or his or her designee. No person shall be admitted to a state hospital under this section unless the county mental health director finds that there is no less restrictive appropriate placement available and the county mental health director has a contract with the State Department of State Hospitals for these placements.
(B) The court shall hear and determine whether the defendant, with advice of his or her counsel, consents to the administration of antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents, the court order of commitment shall include confirmation that antipsychotic medication may be given to the defendant as prescribed by a treating psychiatrist pursuant to the defendant's consent. The commitment order shall also indicate that, if the defendant withdraws consent for antipsychotic medication, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with this subdivision regarding whether antipsychotic medication shall be administered involuntarily.
(ii) If the defendant does not consent to the administration of medication, the court shall hear and determine whether any of the following is true:
(I) The defendant lacks capacity to make decisions regarding antipsychotic medication, the defendant's mental disorder requires medical treatment with antipsychotic medication, and, if the defendant's mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the patient will result. Probability of serious harm to the physical or mental health of the defendant requires evidence that the defendant is presently suffering adverse effects to his or her physical or mental health, or the defendant has previously suffered these effects as a result of a mental disorder and his or her condition is substantially deteriorating. The fact that a defendant has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the defendant.
(II) The defendant is a danger to others, in that the defendant has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in his or her being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others. Demonstrated danger may be based on an assessment of the defendant's present mental condition, including a consideration of past behavior of the defendant within six years prior to the time the defendant last attempted to inflict, inflicted, or threatened to inflict substantial physical harm on another, and other relevant evidence.
(III) The people have charged the defendant with a serious crime against the person or property; involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial; the medication is unlikely to have side effects that interfere with the defendant's ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner; less intrusive treatments are unlikely to have substantially the same results; and antipsychotic medication is in the patient's best medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause (ii) to be true, the court shall issue an order authorizing the treatment facility to involuntarily administer antipsychotic medication to the defendant when and as prescribed by the defendant's treating psychiatrist. The court shall not order involuntary administration of psychotropic medication under subclause (III) of clause (ii) unless the court has first found that the defendant does not meet the criteria for involuntary administration of psychotropic medication under subclause (I) of clause (ii) and does not meet the criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility, or program may administer medically appropriate antipsychotic medication prescribed by a psychiatrist in an emergency as described in subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to subdivision (b) shall include a description of any antipsychotic medication administered to the defendant and its effects and side effects, including effects on the defendant's appearance or behavior that would affect the defendant's ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner. During the time the defendant is confined in a state hospital or other treatment facility or placed on outpatient status, either the defendant or the people may request that the court review any order made pursuant to this subdivision. The defendant, to the same extent enjoyed by other patients in the state hospital or other treatment facility, shall have the right to contact the Patients' Rights Advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as described in clause (i) of subparagraph (B), but subsequently withdraws his or her consent, or, if involuntary antipsychotic medication was not ordered pursuant to clause (ii) of subparagraph (B), and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. If informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication as specified in subclause (I) of clause (ii) of subparagraph (B), or that the defendant is a danger to others as specified in subclause (II) of clause (ii) of subparagraph (B), the committing court shall be notified of this, including an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate. The court shall provide copies of the report to the prosecuting attorney and to the attorney representing the defendant and shall set a hearing to determine whether involuntary antipsychotic medication should be ordered in the manner described in subparagraph (B).
(3) When the court, after considering the placement recommendation of the county mental health director required in paragraph (2), orders that the defendant be confined in a public or private treatment facility, the court shall provide copies of the following documents which shall be taken with the defendant to the treatment facility where the defendant is to be confined:
(A) The commitment order, including a specification of the charges.
(B) A computation or statement setting forth the maximum term of commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation reports.
(G) The county mental health director's placement recommendation report.
(4) A person subject to commitment under this section may be placed on outpatient status under the supervision of the county mental health director or his or her designee by order of the court in accordance with the procedures contained in Title 15 (commencing with Section 1600) except that where the term “community program director” appears the term “county mental health director” shall be substituted.
(5) If the defendant is committed or transferred to a public or private treatment facility approved by the county mental health director, the court may, upon receiving the written recommendation of the county mental health director, transfer the defendant to another public or private treatment facility approved by the county mental health director. In the event of dismissal of the criminal charges before the defendant recovers competence, the person shall be subject to the applicable provisions of Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. Where either the defendant or the prosecutor chooses to contest the order of transfer, a petition may be filed in the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as are used in conducting probation revocation hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the county mental health director or his or her designee.
(b) Within 90 days of a commitment made pursuant to subdivision (a), the medical director of the treatment facility to which the defendant is confined shall make a written report to the court and the county mental health director or his or her designee, concerning the defendant's progress toward recovery of mental competence. Where the defendant is on outpatient status, the outpatient treatment staff shall make a written report to the county mental health director concerning the defendant's progress toward recovery of mental competence. Within 90 days of placement on outpatient status, the county mental health director shall report to the court on this matter. If the defendant has not recovered mental competence, but the report discloses a substantial likelihood that the defendant will regain mental competence in the foreseeable future, the defendant shall remain in the treatment facility or on outpatient status. Thereafter, at six-month intervals or until the defendant becomes mentally competent, where the defendant is confined in a treatment facility, the medical director of the hospital or person in charge of the facility shall report in writing to the court and the county mental health director or a designee regarding the defendant's progress toward recovery of mental competence. Where the defendant is on outpatient status, after the initial 90-day report, the outpatient treatment staff shall report to the county mental health director on the defendant's progress toward recovery, and the county mental health director shall report to the court on this matter at six-month intervals. A copy of these reports shall be provided to the prosecutor and defense counsel by the court. If the report indicates that there is no substantial likelihood that the defendant will regain mental competence in the foreseeable future, the committing court shall order the defendant to be returned to the court for proceedings pursuant to paragraph (2) of subdivision (c). The court shall transmit a copy of its order to the county mental health director or his or her designee.
(c)(1) If, at the end of one year from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter, the defendant has not recovered mental competence, the defendant shall be returned to the committing court. The court shall notify the county mental health director or his or her designee of the return and of any resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to subdivision (b) or paragraph (1) of this subdivision and it appears to the court that the defendant is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall order the conservatorship investigator of the county of commitment of the defendant to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or his or her designee and shall notify the county mental health director or his or her designee of the outcome of the proceedings.
(d) The criminal action remains subject to dismissal pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county mental health director or his or her designee.
(e) If the criminal charge against the defendant is dismissed, the defendant shall be released from any commitment ordered under this section, but without prejudice to the initiation of any proceedings which may be appropriate under Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.
CREDIT(S)
(Added by Stats.1992, c. 722 (S.B.485), § 12, eff. Sept. 15, 1992. Amended by Stats.2004, c. 486 (S.B.1794), § 3; Stats.2012, c. 440 (A.B.1488), § 35, eff. Sept. 22, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.1
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.1. Developmental disability of defendant; procedure
(a)(1)(A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent and is developmentally disabled, the trial or judgment shall be suspended until the defendant becomes mentally competent.
(i) Except as provided in clause (ii) or (iii), the court shall consider a recommendation for placement, which recommendation shall be made to the court by the director of a regional center or designee. In the meantime, the court shall order that the mentally incompetent defendant be delivered by the sheriff or other person designated by the court to a state hospital or developmental center for the care and treatment of the developmentally disabled or any other available residential facility approved by the director of a regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code as will promote the defendant's speedy attainment of mental competence, or be placed on outpatient status pursuant to the provisions of Section 1370.4 and Title 15 (commencing with Section 1600) of Part 2.
(ii) However, if the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290, the prosecutor shall determine whether the defendant previously has been found mentally incompetent to stand trial pursuant to this chapter on a charge of a Section 290 offense, or whether the defendant is currently the subject of a pending Section 1368 proceeding arising out of a charge of a Section 290 offense. If either determination is made, the prosecutor shall so notify the court and defendant in writing. After this notification, and opportunity for hearing, the court shall order that the defendant be delivered by the sheriff to a state hospital or other secure treatment facility for the care and treatment of the developmentally disabled unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iii) If the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290 and the defendant has been denied bail pursuant to subdivision (b) of Section 12 of Article I of the California Constitution because the court has found, based upon clear and convincing evidence, a substantial likelihood that the person's release would result in great bodily harm to others, the court shall order that the defendant be delivered by the sheriff to a state hospital for the care and treatment of the developmentally disabled unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice in writing of any finding of mental incompetence with respect to a defendant who is subject to clause (ii) or (iii) for inclusion in his or her state summary criminal history information.
(C) Upon becoming competent, the court shall order that the defendant be returned to the committing court pursuant to the procedures set forth in paragraph (2) of subdivision (a) of Section 1372 or by another person designated by the court. The court shall further determine conditions under which the person may be absent from the placement for medical treatment, social visits, and other similar activities. Required levels of supervision and security for these activities shall be specified.
(D) The court shall transmit a copy of its order to the regional center director or designee and to the Director of Developmental Services.
(E) A defendant charged with a violent felony may not be placed in a facility or delivered to a state hospital, developmental center, or residential facility pursuant to this subdivision unless the facility, state hospital, developmental center, or residential facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected.
(F) For purposes of this paragraph, “violent felony” means an offense specified in subdivision (c) of Section 667.5.
(G) A defendant charged with a violent felony may be placed on outpatient status, as specified in Section 1370.4 or 1600, only if the court finds that the placement will not pose a danger to the health or safety of others.
(H) As used in this section, “developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely and constitutes a substantial handicap for the individual, and shall not include other handicapping conditions that are solely physical in nature. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature.
(2) Prior to making the order directing that the defendant be confined in a state hospital, developmental center, or other residential facility, or be placed on outpatient status, the court shall order the regional center director or designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be committed to a state hospital or developmental center or to any other available residential facility approved by the regional center director. A person shall not be admitted to a state hospital, developmental center, or other residential facility or accepted for outpatient status under Section 1370.4 without having been evaluated by the regional center director or designee.
(3) When the court orders that the defendant be confined in a state hospital or other secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1), the court shall provide copies of the following documents which shall be taken with the defendant to the state hospital or other secure treatment facility where the defendant is to be confined:
(A) State summary criminal history information.
(B) Any arrest reports prepared by the police department or other law enforcement agency.
(C) Records of a finding of mental incompetence pursuant to this chapter arising out of a complaint charging a felony offense specified in Section 290 or a pending Section 1368 proceeding arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a residential facility pursuant to clause (i) of subparagraph (B) of paragraph (1) or the court makes the findings specified in clause (ii) or (iii) of subparagraph (B) of paragraph (1) to assign the defendant to a facility other than a state hospital or other secure treatment facility, the court shall order that notice be given to the appropriate law enforcement agency or agencies having local jurisdiction at the site of the placement facility of a finding of mental incompetence pursuant to this chapter arising out of a charge of a Section 290 offense.
(5)(A) If the defendant is committed or transferred to a state hospital or developmental center pursuant to this section, the court may, upon receiving the written recommendation of the executive director of the state hospital or developmental center and the regional center director that the defendant be transferred to a residential facility approved by the regional center director, order the defendant transferred to that facility. If the defendant is committed or transferred to a residential facility approved by the regional center director, the court may, upon receiving the written recommendation of the regional center director, transfer the defendant to a state hospital or developmental center or to another residential facility approved by the regional center director.
In the event of dismissal of the criminal charges before the defendant recovers competence, the person shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or to commitment or detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code.
The defendant or prosecuting attorney may contest either kind of order of transfer by filing a petition with the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as used in conducting probation revocation hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the regional center director or designee.
(B) If the defendant is committed to a state hospital or secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is subsequently transferred to another facility, copies of the documents specified in paragraph (3) shall be taken with the defendant to the new facility. The transferring facility shall also notify the appropriate law enforcement agency or agencies having local jurisdiction at the site of the new facility that the defendant is a person subject to clause (ii) or (iii) of subparagraph (B) of paragraph (1).
(b)(1) Within 90 days of admission of a person committed pursuant to subdivision (a), the executive director or designee of the state hospital, developmental center, or other facility to which the defendant is committed, or the outpatient supervisor where the defendant is placed on outpatient status, shall make a written report to the committing court and the regional center director or a designee concerning the defendant's progress toward becoming mentally competent. If the defendant has not become mentally competent, but the report discloses a substantial likelihood the defendant will become mentally competent within the next 90 days, the court may order that the defendant shall remain in the state hospital, developmental center, or other facility or on outpatient status for that period of time. Within 150 days of an admission made pursuant to subdivision (a) or if the defendant becomes mentally competent, the executive director or designee of the hospital or developmental center or person in charge of the facility or the outpatient supervisor shall report to the court and the regional center director or his or her designee regarding the defendant's progress toward becoming mentally competent. The court shall provide to the prosecutor and defense counsel copies of all reports under this section. If the report indicates that there is no substantial likelihood that the defendant has become mentally competent, the committing court shall order the defendant to be returned to the court for proceedings pursuant to paragraph (2) of subdivision (c). The court shall transmit a copy of its order to the regional center director or designee and to the executive director of the developmental center.
(2) A defendant who has been committed or has been on outpatient status for 18 months, and is still hospitalized or on outpatient status shall be returned to the committing court where a hearing shall be held pursuant to the procedures set forth in Section 1369. The court shall transmit a copy of its order to the regional center director or designee and the executive director of the developmental center.
(3) If it is determined by the court that no treatment for the defendant's mental impairment is being conducted, the defendant shall be returned to the committing court. A copy of this order shall be sent to the regional center director or designee and to the executive director of the developmental center.
(4) At each review by the court specified in this subdivision, the court shall determine if the security level of housing and treatment is appropriate and may make an order in accordance with its determination.
(c)(1)(A) At the end of three years from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the information, indictment, or misdemeanor complaint, whichever is shorter, a defendant who has not become mentally competent shall be returned to the committing court.
(B) The court shall notify the regional center director or designee and the executive director of the developmental center of that return and of any resulting court orders.
(2) In the event of dismissal of the criminal charges before the defendant becomes mentally competent, the defendant shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), or to commitment and detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code. If it is found that the person is not subject to commitment or detention pursuant to the applicable provision of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or to commitment or detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code, the individual shall not be subject to further confinement pursuant to this article and the criminal action remains subject to dismissal pursuant to Section 1385. The court shall notify the regional center director and the executive director of the developmental center of any dismissal.
(d) Notwithstanding any other provision of this section, the criminal action remains subject to dismissal pursuant to Section 1385. If at any time prior to the maximum period of time allowed for proceedings under this article, the regional center director concludes that the behavior of the defendant related to the defendant's criminal offense has been eliminated during time spent in court-ordered programs, the court may, upon recommendation of the regional center director, dismiss the criminal charges. The court shall transmit a copy of any order of dismissal to the regional center director and to the executive director of the developmental center.
(e) For the purpose of this section, “secure treatment facility” shall not include, except for state mental hospitals, state developmental centers, and correctional treatment facilities, a facility licensed pursuant to Chapter 2 (commencing with Section 1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2 (commencing with Section 1569) of, Division 2 of the Health and Safety Code, or a community board and care facility.
CREDIT(S)
(Added by Stats.1977, c. 695, p. 2245, § 5. Amended by Stats.1978, c. 429, p. 1422, § 159, eff. July 17, 1978, operative July 1, 1978; Stats.1980, c. 547, § 9; Stats.1980, c. 859, § 2; Stats.1980, c. 1253, § 2; Stats.1992, c. 722 (S.B.485), § 13, eff. Sept. 15, 1992; Stats.1996, c. 1026 (A.B.2104), § 2; Stats.1996, c. 1076 (S.B.1391), § 2.5; Stats.2012, c. 448 (A.B.2370), § 41; Stats.2012, c. 457 (S.B.1381), § 41.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.2. Dismissal of misdemeanor charges against one mentally incompetent
If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against the mentally incompetent person. Ten days notice shall be given to the district attorney of any motion to dismiss pursuant to this section. The court shall transmit a copy of any order dismissing a misdemeanor charge pursuant to this section to the community program director, the county mental health director, or the regional center director and the Director of Developmental Services, as appropriate.
CREDIT(S)
(Added by Stats.1974, c. 1511, p. 3320, § 7, eff. Sept. 27, 1974. Amended by Stats.1980, c. 547, § 10; Stats.1985, c. 1232, § 6, eff. Sept. 30, 1985; Stats.1992, c. 722 (S.B.485), § 14, eff. Sept. 15, 1992.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.3. Placement on outpatient status from commitment
A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such commitment as provided in Title 15 (commencing with Section 1600) of Part 2.
CREDIT(S)
(Added by Stats.1980, c. 547, § 12.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.4
Effective: September 22, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.4. Conditions for order for outpatient treatment; law applicable
If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant is not a danger to the health and safety of others while on outpatient treatment and will benefit from such treatment, and has obtained the agreement of the person in charge of a residential facility and of the defendant that the defendant will receive and submit to outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the defendant, the court may order the defendant to undergo outpatient treatment. All of the provisions of Title 15 (commencing with Section 1600) of Part 2 shall apply where a defendant is placed on outpatient status under this section, except that the regional center director shall be substituted for the community program director, the Director of Developmental Services for the Director of State Hospitals, and a residential facility for a treatment facility for the purposes of this section.
CREDIT(S)
(Added by Stats.1980, c. 547, § 13. Amended by Stats.1985, c. 1232, § 7, eff. Sept. 30, 1985; Stats.2012, c. 440 (A.B.1488), § 36, eff. Sept. 22, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1370.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1370.5. Escape of one committed to mental health facility
(a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, or 1370.1, who escapes from or who escapes while being conveyed to or from a state hospital or facility, is punishable by imprisonment in the county jail not to exceed one year or in the state prison for a determinate term of one year and one day. The term of imprisonment imposed pursuant to this section shall be served consecutively to any other sentence or commitment.
(b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed pursuant to the provisions of Section 1370, 1370.01, or 1370.1 shall promptly notify the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall within 48 hours of the escape of the person orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape.
CREDIT(S)
(Added by Stats.1981, c. 1054, § 2. Amended by Stats.1989, c. 568, § 2; Stats.1992, c. 722 (S.B.485), § 15, eff. Sept. 15, 1992.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1371
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1371. Commitment of defendant; exoneration of bail or return of deposit
The commitment of the defendant, as described in Section 1370 or 1370.01, exonerates his or her bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he or she may have deposited instead of bail, or gives, to the person or persons found by the court to have deposited any money instead of bail on behalf of the defendant, a right to the return of that money.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 657, p. 1815, § 10; Stats.1992, c. 722 (S.B.485), § 16, eff. Sept. 15, 1992.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1372
Effective: June 27, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1372. Restoration of competency; return to court; notice; hearing; release of defendant or return to secure facility; payment of costs
(a)(1) If the medical director of the state hospital or other facility to which the defendant is committed, or the community program director, county mental health director, or regional center director providing outpatient services, determines that the defendant has regained mental competence, the director shall immediately certify that fact to the court by filing a certificate of restoration with the court by certified mail, return receipt requested. For purposes of this section, the date of filing shall be the date on the return receipt.
(2) The court's order committing an individual to a state hospital or other treatment facility pursuant to Section 1370 shall include direction that the sheriff shall redeliver the patient to the court without any further order from the court upon receiving from the state hospital or treatment facility a copy of the certificate of restoration.
(3) The defendant shall be returned to the committing court in the following manner:
(A) A patient who remains confined in a state hospital or other treatment facility shall be redelivered to the sheriff of the county from which the patient was committed. The sheriff shall immediately return the person from the state hospital or other treatment facility to the court for further proceedings.
(B) The patient who is on outpatient status shall be returned by the sheriff to court through arrangements made by the outpatient treatment supervisor.
(C) In all cases, the patient shall be returned to the committing court no later than 10 days following the filing of a certificate of restoration. The state shall only pay for 10 hospital days for patients following the filing of a certificate of restoration of competency. The State Department of State Hospitals shall report to the fiscal and appropriate policy committees of the Legislature on an annual basis in February, on the number of days that exceed the 10-day limit prescribed in this subparagraph. This report shall include, but not be limited to, a data sheet that itemizes by county the number of days that exceed this 10-day limit during the preceding year.
(b) If the defendant becomes mentally competent after a conservatorship has been established pursuant to the applicable provisions of the Lanterman-Petris-Short Act, Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, and Section 1370, the conservator shall certify that fact to the sheriff and district attorney of the county in which the defendant's case is pending, defendant's attorney of record, and the committing court.
(c) When a defendant is returned to court with a certification that competence has been regained, the court shall notify either the community program director, the county mental health director, or the regional center director and the Director of Developmental Services, as appropriate, of the date of any hearing on the defendant's competence and whether or not the defendant was found by the court to have recovered competence.
(d) If the committing court approves the certificate of restoration to competence as to a person in custody, the court shall hold a hearing to determine whether the person is entitled to be admitted to bail or released on own recognizance status pending conclusion of the proceedings. If the superior court approves the certificate of restoration to competence regarding a person on outpatient status, unless it appears that the person has refused to come to court, that person shall remain released either on own recognizance status, or, in the case of a developmentally disabled person, either on the defendant's promise or on the promise of a responsible adult to secure the person's appearance in court for further proceedings. If the person has refused to come to court, the court shall set bail and may place the person in custody until bail is posted.
(e) A defendant subject to either subdivision (a) or (b) who is not admitted to bail or released under subdivision (d) may, at the discretion of the court, upon recommendation of the director of the facility where the defendant is receiving treatment, be returned to the hospital or facility of his or her original commitment or other appropriate secure facility approved by the community program director, the county mental health director, or the regional center director. The recommendation submitted to the court shall be based on the opinion that the person will need continued treatment in a hospital or treatment facility in order to maintain competence to stand trial or that placing the person in a jail environment would create a substantial risk that the person would again become incompetent to stand trial before criminal proceedings could be resumed.
(f) Notwithstanding subdivision (e), if a defendant is returned by the court to a hospital or other facility for the purpose of maintaining competency to stand trial and that defendant is already under civil commitment to that hospital or facility from another county pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or as a developmentally disabled person committed pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, the costs of housing and treating the defendant in that facility following return pursuant to subdivision (e) shall be the responsibility of the original county of civil commitment.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 541, p. 704, § 2; Stats.1968, c. 599, p. 1270, § 1; Stats.1974, c. 1511, p. 3320, § 8, eff. Sept. 27, 1974; Stats.1980, c. 547, § 14; Stats.1981, c. 611, § 1; Stats.1985, c. 1232, § 8, eff. Sept. 30, 1985; Stats.1992, c. 722 (S.B.485), § 17, eff. Sept. 15, 1992; Stats.1997, c. 294 (S.B.391), § 31, eff. Aug. 18, 1997; Stats.2003, c. 356 (A.B.941), § 1; Stats.2004, c. 183 (A.B.3082), § 271; Stats.2004, c. 405 (S.B.1796), § 15; Stats.2012, c. 24 (A.B.1470), § 28, eff. June 27, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1373
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1373. Transportation of defendant to and from hospital; county charge; recovery from estate or relative
The expense of sending the defendant to the state hospital or other facility, and of bringing him back, are chargeable to the county in which the indictment was found or information filed; but the county may recover them from the estate of the defendant, if he has any, or from a relative, bound to provide for and maintain him.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 29, § 105; Stats.1905, c. 541, p. 704, § 3; Stats.1929, c. 168, p. 321, § 1; Stats.1974, c. 1511, p. 3320, § 9, eff. Sept. 27, 1974.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1373.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1373.5. Rejected claim for transportation expense; interest
In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from the date of rejection, if rejected and recovery is finally had thereon.
CREDIT(S)
(Added by Stats.1939, c. 441, p. 1775, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1374
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1374. Outpatient's recovery of competence
When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient treatment staff is of the opinion that the defendant has recovered competence, the supervisor shall communicate such opinion to the community program director. If the community program director concurs, that opinion shall be certified by such director to the committing court. The court shall calendar the case for further proceeding pursuant to Section 1372.
CREDIT(S)
(Added by Stats.1980, c. 547, § 15.5. Amended by Stats.1985, c. 1232, § 9, eff. Sept. 30, 1985.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1375
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1375. Processing and payment of claims for amounts due from county to state
Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the county pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code.
CREDIT(S)
(Added by Stats.1935, c. 178, p. 844, § 1. Amended by Stats.1965, c. 263, p. 1257, § 13.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1375.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1375.5. Credit on sentence for time spent in hospital or other facility
Time spent by a defendant in a hospital or other facility as a result of a commitment therein as a mentally incompetent pursuant to this chapter shall be credited on the term of any imprisonment, if any, for which the defendant is sentenced in the criminal case which was suspended pursuant to Section 1370 or 1370.1.
As used in this section, “time spent in a hospital or other facility” includes days a defendant is treated as an outpatient pursuant to Title 15 (commencing with Section 1600) of Part 2.
CREDIT(S)
(Added by Stats.1974, c. 1511, p. 3320, § 11, eff. Sept. 27, 1974. Amended by Stats.1977, c. 695, p. 2248, § 6; Stats.1980, c. 547, § 16.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1376
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 6. Inquiry Into the Competence of the Defendant Before Trial or After Conviction (Refs & Annos)
§ 1376. “Intellectual disability” defined; hearing to determine intellectual disability; decision of court or jury; presentation of evidence and arguments; death penalty
(a) As used in this section, “intellectual disability” means the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before 18 years of age.
(b)(1) In any case in which the prosecution seeks the death penalty, the defendant may, at a reasonable time prior to the commencement of trial, apply for an order directing that a hearing to determine intellectual disability be conducted. Upon the submission of a declaration by a qualified expert stating his or her opinion that the defendant is a person with an intellectual disability, the court shall order a hearing to determine whether the defendant is a person with an intellectual disability. At the request of the defendant, the court shall conduct the hearing without a jury prior to the commencement of the trial. The defendant's request for a court hearing prior to trial shall constitute a waiver of a jury hearing on the issue of intellectual disability. If the defendant does not request a court hearing, the court shall order a jury hearing to determine if the defendant is a person with an intellectual disability. The jury hearing on intellectual disability shall occur at the conclusion of the phase of the trial in which the jury has found the defendant guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true. Except as provided in paragraph (3), the same jury shall make a finding that the defendant is a person with an intellectual disability or that the defendant does not have an intellectual disability.
(2) For the purposes of the procedures set forth in this section, the court or jury shall decide only the question of the defendant's intellectual disability. The defendant shall present evidence in support of the claim that he or she is a person with an intellectual disability. The prosecution shall present its case regarding the issue of whether the defendant is a person with an intellectual disability. Each party may offer rebuttal evidence. The court, for good cause in furtherance of justice, may permit either party to reopen its case to present evidence in support of or opposition to the claim of intellectual disability. Nothing in this section shall prohibit the court from making orders reasonably necessary to ensure the production of evidence sufficient to determine whether or not the defendant is a person with an intellectual disability, including, but not limited to, the appointment of, and examination of the defendant by, qualified experts. A statement made by the defendant during an examination ordered by the court shall not be admissible in the trial on the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final argument, and the defendant shall conclude with his or her final argument. The burden of proof shall be on the defense to prove by a preponderance of the evidence that the defendant is a person with an intellectual disability. The jury shall return a verdict that either the defendant is a person with an intellectual disability or the defendant does not have an intellectual disability. The verdict of the jury shall be unanimous. In any case in which the jury has been unable to reach a unanimous verdict that the defendant is a person with an intellectual disability, and does not reach a unanimous verdict that the defendant does not have an intellectual disability, the court shall dismiss the jury and order a new jury impaneled to try the issue of intellectual disability. The issue of guilt shall not be tried by the new jury.
(c) In the event the hearing is conducted before the court prior to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and the criminal trial thereafter shall proceed as in any other case in which a sentence of death is not sought by the prosecution. If the defendant is found guilty of murder in the first degree, with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the court shall sentence the defendant to confinement in the state prison for life without the possibility of parole. The jury shall not be informed of the prior proceedings or the findings concerning the defendant's claim of intellectual disability.
(2) If the court finds that the defendant does not have an intellectual disability, the trial court shall proceed as in any other case in which a sentence of death is sought by the prosecution. The jury shall not be informed of the prior proceedings or the findings concerning the defendant's claim of intellectual disability.
(d) In the event the hearing is conducted before the jury after the defendant is found guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the following shall apply:
(1) If the jury finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and shall sentence the defendant to confinement in the state prison for life without the possibility of parole.
(2) If the jury finds that the defendant does not have an intellectual disability, the trial shall proceed as in any other case in which a sentence of death is sought by the prosecution.
(e) In any case in which the defendant has not requested a court hearing as provided in subdivision (b), and has entered a plea of not guilty by reason of insanity under Sections 190.4 and 1026, the hearing on intellectual disability shall occur at the conclusion of the sanity trial if the defendant is found sane.
CREDIT(S)
(Added by Stats.2003, c. 700 (S.B.3), § 1. Amended by Stats.2012, c. 448 (A.B.2370), § 42; Stats.2012, c. 457 (S.B.1381), § 42.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1377
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 7. Compromising Certain Public Offenses by Leave of the Court
§ 1377. Authority to compromise misdemeanors for which victim has civil action; exceptions
When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of the duties of his or her office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6or 273.65.
(e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1957, c. 102, p. 678, § 1; Stats.1979, c. 795, p. 2714, § 13, operative July 1, 1980; Stats.1992, c. 475 (A.B.3544), § 1; Stats.1993, c. 219 (A.B.1500), § 219; Stats.1993-94, 1st Ex.Sess., c. 35 (A.B.88), § 1, eff. Nov. 30, 1994; Stats.1997, c. 18 (S.B.115), § 1; Stats.1997, c. 243 (S.B.97), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1378
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 7. Compromising Certain Public Offenses by Leave of the Court
§ 1378. Acknowledgments by victim of satisfaction for injury; payments of costs; order for stay and discharge; discretion; bar
If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1957, c. 102, p. 678, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1379
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 7. Compromising Certain Public Offenses by Leave of the Court
§ 1379. Compromise or stay upon compromise by other means prohibited
No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this Chapter.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1380
Effective: January 1, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 7. Compromising Certain Public Offenses by Leave of the Court
§ 1380. Repealed by Stats.2008, c. 208 (A.B.1767), § 1, operative Jan. 1, 2012
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 8, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1381
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1381. Imprisonment or commitment; time for trial of other offenses; dismissal
Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to and has entered upon a term of imprisonment in a state prison or has been sentenced to and has entered upon a term of imprisonment in a county jail for a period of more than 90 days or has been committed to and placed in a county jail for more than 90 days as a condition of probation or has been committed to and placed in an institution subject to the jurisdiction of the Department of the Youth Authority or whenever any person has been committed to the custody of the Director of Corrections pursuant to Chapter 1 (commencing with Section 3000) of Division 3 of the Welfare and Institutions Code and has entered upon his or her term of commitment, and at the time of the entry upon the term of imprisonment or commitment there is pending, in any court of this state, any other indictment, information, complaint, or any criminal proceeding wherein the defendant remains to be sentenced, the district attorney of the county in which the matters are pending shall bring the defendant to trial or for sentencing within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial or for sentencing unless a continuance beyond the 90 days is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court in which event the 90-day period shall commence to run anew from the date to which the consent or request continued the trial or sentencing. In the event that the defendant is not brought to trial or for sentencing within the 90 days the court in which the charge or sentencing is pending shall, on motion or suggestion of the district attorney, or of the defendant or person confined in the county jail or committed to the custody of the Director of Corrections or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the action. If a charge is filed against a person during the time the person is serving a sentence in any state prison or county jail of this state or while detained by the Director of Corrections pursuant to Chapter 1 (commencing with Section 3000) of Division 3 of the Welfare and Institutions Code or while detained in any institution subject to the jurisdiction of the Department of the Youth Authority it is hereby made mandatory upon the district attorney of the county in which the charge is filed to bring it to trial within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial upon the charge, unless a continuance is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court, in which event the 90-day period shall commence to run anew from the date to which the request or consent continued the trial. In the event the action is not brought to trial within the 90 days the court in which the action is pending shall, on motion or suggestion of the district attorney, or of the defendant or person committed to the custody of the Director of Corrections or to a county jail or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the charge. The sheriff, custodian, or jailer shall endorse upon the written notice of the defendant's desire to be brought to trial or for sentencing the cause of commitment, the date of commitment, and the date of release.
CREDIT(S)
(Added by Stats.1931, c. 486, p. 1060, § 1. Amended by Stats.1933, c. 650, p. 1689, § 1; Stats.1955, c. 364, p. 820, § 1; Stats.1963, c. 1934, p. 3985, § 1; Stats.1968, c. 343, p. 727, § 1; Stats.1971, c. 1080, p. 2052, § 2; Stats.1971, c. 1556, p. 3078, § 1; Stats.1987, c. 828, § 91.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1381.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1381.5. Imprisonment in federal correctional institution; time for trial on state charges; release; dismissal
Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in this state, and at the time of entry upon such term of imprisonment or at any time during such term of imprisonment there is pending in any court of this state any criminal indictment, information, complaint, or any criminal proceeding wherein the defendant remains to be sentenced the district attorney of the county in which such matters are pending, upon receiving from such defendant a request that he be brought to trial or for sentencing, shall promptly inquire of the warden or other head of the federal correctional institution in which such defendant is confined whether and when such defendant can be released for trial or for sentencing. If an assent from authorized federal authorities for release of the defendant for trial or sentencing is received by the district attorney he shall bring him to trial or sentencing within 90 days after receipt of such assent, unless the federal authorities specify a date of release after 90 days, in which event the district attorney shall bring the prisoner to trial or sentencing at such specified time, or unless the defendant requests, in open court, and receives, or, in open court, consents to, a continuance, in which event he may be brought to trial or sentencing within 90 days from such request or consent.
If a defendant is not brought to trial or for sentencing as provided by this section, the court in which the action is pending shall, on motion or suggestion of the district attorney, or representative of the United States, or the defendant or his counsel, dismiss the action.
CREDIT(S)
(Added by Stats.1963, c. 1567, p. 3151, § 1. Amended by Stats.1971, c. 1080, p. 2053, § 3; Stats.1971, c. 1556, p. 3080, § 2; Stats.1983, c. 793, § 1.1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1382
Effective: January 1, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1382. Failure to file information or bring case to trial within time limit; dismissal
(a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant's arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing. However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:
(A) The defendant enters a general waiver of the 60-day trial requirement. A general waiver of the 60-day trial requirement entitles the superior court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 60 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial date beyond the 60-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set a trial date. Whenever a case is set for trial beyond the 60-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.
Whenever a case is set for trial after a defendant enters either a general waiver as to the 60-day trial requirement or requests or consents, expressed or implied, to the setting of a trial date beyond the 60-day period pursuant to this paragraph, the court may not grant a motion of the defendant to vacate the date set for trial and to set an earlier trial date unless all parties are properly noticed and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant's arraignment or entry of the plea, whichever occurs later, or in case the cause is to be tried again following a mistrial, an order granting a new trial from which no appeal is taken, or an appeal from a judgment in a misdemeanor or infraction case, within 30 days after the mistrial has been declared, after entry of the order granting the new trial, or after the remittitur is filed in the trial court, or within 30 days after the date of the reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367). However, an action shall not be dismissed under this subdivision if any of the following circumstances exists:
(A) The defendant enters a general waiver of the 30-day or 45-day trial requirement. A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 30 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver the court shall set a trial date. Whenever a case is set for trial beyond the 30-day or 45-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear on a case set for hearing prior to trial, but the defendant fails to appear on that date and a bench warrant is issued, or the case is not tried on the date set for trial because of the defendant's neglect or failure to appear, in which case the defendant shall be deemed to have been arraigned within the meaning of this subdivision on the date of his or her subsequent arraignment on a bench warrant or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior court on a felony case set for trial or set for a hearing prior to trial after being held to answer, if the defendant fails to appear on that date and a bench warrant is issued, the defendant shall be brought to trial within 60 days after the defendant next appears in the superior court unless a trial date previously had been set which is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant shall not be deemed under this section to have consented to the date for the defendant's trial unless the court has explained to the defendant his or her rights under this section and the effect of his or her consent.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 29, § 106; Stats.1931, c. 1170, p. 2478, § 1; Stats.1935, c. 415, p. 1467, § 1; Stats.1949, c. 1371, p. 2391, § 1; Stats.1951, c. 1674, p. 3856, § 140; Stats.1959, c. 1693, p. 4093, § 3; Stats.1961, c. 1698, p. 3678, § 1; Stats.1963, c. 1676, p. 3261, § 1; Stats.1965, c. 1511, p. 3552, § 1; Stats.1965, c. 1925, p. 4447, § 2; Stats.1967, c. 263, p. 1422, § 1; Stats.1973, c. 847, p. 1513, § 1; Stats.1982, c. 433, § 1; Stats.1987, c. 577, § 1; Stats.1991, c. 655 (S.B.651), § 3; Stats.1992, c. 128 (A.B.2357), § 2, eff. July 7, 1992; Stats.1992, c. 278 (S.B.1721), § 1; Stats.1996, c. 122 (A.B.2254), § 2; Stats.1997, c. 541 (S.B.726), § 1; Stats.1998, c. 98 (S.B.1558), § 1; Stats.1998, c. 931 (S.B.2139), § 405, eff. Sept. 28, 1998; Stats.1998, c. 931 (S.B.2139), § 405.5, eff. Sept. 28, 1998, operative Jan. 1, 1999; Stats.1999, c. 344 (S.B.210), § 26, eff. Sept. 7, 1999; Stats.2005, c. 36 (S.B.330), § 1; Stats.2009, c. 424 (A.B.250), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1383
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1383. Delay for cause in charging or trying defendant; continuance; discharge on defendant's own undertaking
If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his or her own undertaking of bail for his or her appearance to answer the charge at the time to which the action is continued.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 29, § 107; Stats.1987, c. 828, § 92.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1384
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1384. Dismissal; discharge from custody; exoneration of bail; refund of deposit
If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 657, p. 1815, § 11; Stats.1980, c. 938, § 6.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1385
Effective: January 1, 2001
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1385. Dismissal on judge or magistrate's own motion or application of prosecuting attorney; statement of reasons; ground of demurrer; authority to strike prior conviction of serious felony for purposes of enhancement of sentence
(a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading.
(b) This section does not authorize a judge to strike any prior conviction of a serious felony for purposes of enhancement of a sentence under Section 667.
(c)(1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
CREDIT(S)
(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3857, § 141; Stats.1980, c. 938, § 7; Stats.1986, c. 85, § 2, eff. May 6, 1986; Stats.2000, c. 689 (A.B.1808), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1385.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1385.1. Special circumstances; strike or dismissal; prohibition
Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.
CREDIT(S)
(Added by Initiative Measure (Prop. 115), approved June 5, 1990, eff. June 6, 1990.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1386
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1386. Nolle prosequi abolished
The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public offense, except as provided in Section 1385.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1987, c. 828, § 93.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1387
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1387. Dismissal as bar to prosecution; exceptions
(a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony or if it is a misdemeanor charged together with a felony and the action has been previously terminated pursuant to this chapter, or Section 859b, 861, 871, or 995, or if it is a misdemeanor not charged together with a felony, except in those felony cases, or those cases where a misdemeanor is charged with a felony, where subsequent to the dismissal of the felony or misdemeanor the judge or magistrate finds any of the following:
(1) That substantial new evidence has been discovered by the prosecution which would not have been known through the exercise of due diligence at, or prior to, the time of termination of the action.
(2) That the termination of the action was the result of the direct intimidation of a material witness, as shown by a preponderance of the evidence.
(3) That the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed in a prosecution arising under subdivision (e) of Section 243 or Section 262, 273.5, or 273.6. This paragraph shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action. Nothing in this section shall preclude a defendant from being eligible for diversion.
(4) That the termination of the action was the result of the complaining witness being found in contempt of court as described in subdivision (b) of Section 1219 of the Code of Civil Procedure. This paragraph shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action.
(b) Notwithstanding subdivision (a), an order terminating an action pursuant to this chapter is not a bar to another prosecution for the same offense if it is a misdemeanor charging an offense based on an act of domestic violence, as defined in subdivisions (a) and (b) of Section 13700, and the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed. This subdivision shall apply only within six months of the original dismissal of the action, and may be invoked only once in each action. Nothing in this subdivision shall preclude a defendant from being eligible for diversion.
(c) An order terminating an action is not a bar to prosecution if a complaint is dismissed before the commencement of a preliminary hearing in favor of an indictment filed pursuant to Section 944 and the indictment is based upon the same subject matter as charged in the dismissed complaint, information, or indictment.
However, if the previous termination was pursuant to Section 859b, 861, 871, or 995, the subsequent order terminating an action is not a bar to prosecution if:
(1) Good cause is shown why the preliminary examination was not held within 60 days from the date of arraignment or plea.
(2) The motion pursuant to Section 995 was granted because of any of the following reasons:
(A) Present insanity of the defendant.
(B) A lack of counsel after the defendant elected to represent himself or herself rather than being represented by appointed counsel.
(C) Ineffective assistance of counsel.
(D) Conflict of interest of defense counsel.
(E) Violation of time deadlines based upon unavailability of defense counsel.
(F) Defendant's motion to withdraw a waiver of the preliminary examination.
(3) The motion pursuant to Section 995 was granted after dismissal by the magistrate of the action pursuant to Section 871 and was recharged pursuant to Section 739.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 558, p. 724, § 1; Stats.1951, c. 1674, p. 3857, § 142; Stats.1975, c. 1069, p. 2615, § 1; Stats.1980, c. 938, § 8; Stats.1981, c. 854, § 4; Stats.1982, c. 637, p. 2646, § 1; Stats.1984, c. 924, § 1; Stats.1991, c. 400 (S.B.19), § 2; Stats.1994, c. 169 (S.B.1827), § 1; Stats.2012, c. 510 (A.B.2051), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1387.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1387.1. Additional refiling; violent felony; either of two prior dismissals due solely to excusable neglect
(a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people shall be permitted one additional opportunity to refile charges where either of the prior dismissals under Section 1387 were due solely to excusable neglect. In no case shall the additional refiling of charges provided under this section be permitted where the conduct of the prosecution amounted to bad faith.
(b) As used in this section, “excusable neglect” includes, but is not limited to, error on the part of the court, prosecution, law enforcement agency, or witnesses.
CREDIT(S)
(Added by Stats.1987, c. 1211, § 47.5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1387.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1387.2. Proceeding on existing accusatory pleading in lieu of issuing order terminating action; rearraignment
Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing accusatory pleading. For the purposes of Section 1387, the action shall be deemed as having been previously terminated. The defendant shall be rearraigned on the accusatory pleading and a new time period pursuant to Section 859b or 1382 shall commence.
CREDIT(S)
(Added by Stats.1992, c. 278 (S.B.1721), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1388
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise (Refs & Annos)
§ 1388. Refiling after dismissal of felony with release on own recognizance; notice; sending; failure to appear; warrant for arrest; release on own recognizance
(a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own recognizance for that action, if the prosecutor files another accusatory pleading against the same defendant for the same offense, unless the defendant is present in court at the time of refiling, the district attorney shall send a letter to the defendant at his last known place of residence, and shall send a copy to the attorney of record, stating that the case has been refiled, and setting forth the date, time and place for rearraignment.
(b) If the defendant fails to appear for arraignment as stated, or at such time, date, and place as has been subsequently agreed to by defendant's counsel and the district attorney, then the court shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear.
(c) If the defendant was released on his own recognizance on the original charge, he shall, if he appears as provided in subdivisions (a) and (b), be released on his own recognizance on the refiled charge unless it is shown that changed conditions require a different disposition, in which case bail shall be set at the discretion of the judge.
CREDIT(S)
(Added by Stats.1976, c. 1024, p. 4606, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 8.5, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389. Disposal of detainers against prisoner based on untried charges, etc.
The agreement on detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows:
The Agreement on Detainers
The contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Article II
As used in this agreement:
(a) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.
(c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Article V
(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
Article VII
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Article VIII
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.1. Appropriate court
The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which the indictment, information, or complaint is filed.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.2. Enforcement; co-operation
All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainer and to co-operate with one another and with other states in enforcing the agreement and effectuating its purpose.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.3. Repealed by Stats.1977, c. 165, p. 657, § 22.5, eff. June 29, 1977, operative July 1, 1977
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.4. Escapes
Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated Section 4530 and is punishable as provided therein.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.5. Surrender of inmates
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainer. Such official shall inform such inmate of his rights provided in paragraph (a) of Article IV of the Agreement on Detainers in Section 1389 of this code.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.6. Administration
The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.7
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.7. Sentence concurrent with that of other jurisdiction; term-fixing and parole functions
When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before a California court and sentenced by the judge to serve a California sentence concurrently with the sentence of the other jurisdiction or has been transferred to another jurisdiction for concurrent service of previously imposed sentences, the Board of Prison Terms, and the panels and members thereof, may meet in such other jurisdiction, or enter into cooperative arrangements with corresponding agencies in the other jurisdiction, as necessary to carry out the term-fixing and parole functions.
CREDIT(S)
(Added by Stats.1963, c. 2115, p. 4394, § 1. Amended by Stats.1965, c. 238, p. 1215, § 1; Stats.1971, c. 1185, p. 2257, § 1; Stats.1977, c. 165, p. 657, § 23, eff. June 29, 1977, operative July 1, 1977; Stats.1979, c. 255, p. 553, § 10.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1389.8
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 8.5. Agreement on Detainers (Refs & Annos)
§ 1389.8. Return of prisoner to sending state; responsibility of receiving state
It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings.
CREDIT(S)
(Added by Stats.1971, c. 1185, p. 2257, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 9, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1390
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1390. Summons upon filing of accusatory pleading; issuance; contents; time to answer
Upon the filing of an accusatory pleading against a corporation, the court shall issue a summons, signed by the judge with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than 10 days after the issuing of the summons.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1971, c. 1591, p. 3206, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1391
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1391. Summons; form
The summons shall be substantially in the following form:
County of (as the case may be).
The people of the State of California to the (naming the corporation):
You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer an accusatory pleading, for (designating the offense generally).
Dated this .......... day of .........., 19...
G.H., Judge, (name of the court).
CREDIT(S)
(Enacted in 1872. Amended by Stats.1951, c. 1608, p. 3617, § 21; Stats.1971, c. 1591, p. 3206, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1392
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1392. Summons; service; time
The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, managing agent, or an agent of the corporation designated for service of civil process.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1973, c. 248, p. 639, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1393
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1393. Proceeding with charge; time
At the appointed time in the summons, the magistrate shall proceed with the charge in the same manner as in other cases.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1971, c. 1591, p. 3206, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1394
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§§ 1394, 1395. Repealed by Stats.1971, c. 1591, p. 3207, §§ 4, 5
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1395
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§§ 1394, 1395. Repealed by Stats.1971, c. 1591, p. 3207, §§ 4, 5
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1396
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1396. Appearance by counsel; answer to accusatory pleading; exception; entry of plea on nonappearance
If an accusatory pleading is filed, the corporation may appear by counsel to answer the same, except that in the case of misdemeanors arising from operation of motor vehicles, or of infractions arising from operation of motor vehicles, a corporation may appear by its president, vice president, secretary or managing agent for the purpose of entering a plea of guilty. If it does not thus appear, a plea of not guilty shall be entered, and the same proceedings had thereon as in other cases.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 29, § 109; Stats.1971, c. 1591, p. 3207, 6; Stats.1973, c. 718, p. 1296, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1397
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 9. Proceedings Against Corporations (Refs & Annos)
§ 1397. Fines; collection
When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it in the manner provided for enforcement of money judgments generally.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1982, c. 497, p. 2206, § 140, operative July 1, 1983.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1401
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 10. Entitling Affidavits
§ 1401. Titles on affidavits or depositions; validity without title or with erroneous title
It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 29, § 110.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1404
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 11. Errors and Mistakes in Pleadings and Other Proceedings
§ 1404. Departures from form or mode; errors or mistakes; effect upon validity; prejudice of substantial right
Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1405
Effective: January 1, 2005
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 11. Errors and Mistakes in Pleadings and Other Proceedings
§ 1405. Motion for DNA testing
(a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion before the trial court that entered the judgment of conviction in his or her case, for performance of forensic deoxyribonucleic acid (DNA) testing.
(b)(1) An indigent convicted person may request appointment of counsel to prepare a motion under this section by sending a written request to the court. The request shall include the person's statement that he or she was not the perpetrator of the crime and that DNA testing is relevant to his or her assertion of innocence. The request also shall include the person's statement as to whether he or she previously has had counsel appointed under this section.
(2) If any of the information required in paragraph (1) is missing from the request, the court shall return the request to the convicted person and advise him or her that the matter cannot be considered without the missing information.
(3)(A) Upon a finding that the person is indigent, he or she has included the information required in paragraph (1), and counsel has not previously been appointed pursuant to this subdivision, the court shall appoint counsel to investigate and, if appropriate, to file a motion for DNA testing under this section and to represent the person solely for the purpose of obtaining DNA testing under this section.
(B) Upon a finding that the person is indigent, and counsel previously has been appointed pursuant to this subdivision, the court may, in its discretion, appoint counsel to investigate and, if appropriate, to file a motion for DNA testing under this section and to represent the person solely for the purpose of obtaining DNA testing under this section.
(4) Nothing in this section shall be construed to provide for a right to the appointment of counsel in a postconviction collateral proceeding, or to set a precedent for any such right, in any context other than the representation being provided an indigent convicted person for the limited purpose of filing and litigating a motion for DNA testing pursuant to this section.
(c)(1) The motion shall be verified by the convicted person under penalty of perjury and shall do all of the following:
(A) Explain why the identity of the perpetrator was, or should have been, a significant issue in the case.
(B) Explain, in light of all the evidence, how the requested DNA testing would raise a reasonable probability that the convicted person's verdict or sentence would be more favorable if the results of DNA testing had been available at the time of conviction.
(C) Make every reasonable attempt to identify both the evidence that should be tested and the specific type of DNA testing sought.
(D) Reveal the results of any DNA or other biological testing that was conducted previously by either the prosecution or defense, if known.
(E) State whether any motion for testing under this section previously has been filed and the results of that motion, if known.
(2) Notice of the motion shall be served on the Attorney General, the district attorney in the county of conviction, and, if known, the governmental agency or laboratory holding the evidence sought to be tested. Responses, if any, shall be filed within 60 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause.
(d) If the court finds evidence was subjected to DNA or other forensic testing previously by either the prosecution or defense, it shall order the party at whose request the testing was conducted to provide all parties and the court with access to the laboratory reports, underlying data, and laboratory notes prepared in connection with the DNA or other biological evidence testing.
(e) The court, in its discretion, may order a hearing on the motion. The motion shall be heard by the judge who conducted the trial, or accepted the convicted person's plea of guilty or nolo contendre, unless the presiding judge determines that judge is unavailable. Upon request of either party, the court may order, in the interest of justice, that the convicted person be present at the hearing of the motion.
(f) The court shall grant the motion for DNA testing if it determines all of the following have been established:
(1) The evidence to be tested is available and in a condition that would permit the DNA testing requested in the motion.
(2) The evidence to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced or altered in any material aspect.
(3) The identity of the perpetrator of the crime was, or should have been, a significant issue in the case.
(4) The convicted person has made a prima facie showing that the evidence sought to be tested is material to the issue of the convicted person's identity as the perpetrator of, or accomplice to, the crime, special circumstance, or enhancement allegation that resulted in the conviction or sentence.
(5) The requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person's verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. The court in its discretion may consider any evidence whether or not it was introduced at trial.
(6) The evidence sought to be tested meets either of the following conditions:
(A) The evidence was not tested previously.
(B) The evidence was tested previously, but the requested DNA test would provide results that are reasonably more discriminating and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results.
(7) The testing requested employs a method generally accepted within the relevant scientific community.
(8) The motion is not made solely for the purpose of delay.
(g)(1) If the court grants the motion for DNA testing, the court order shall identify the specific evidence to be tested and the DNA technology to be used.
(2)
The testing shall be conducted by a laboratory mutually agreed upon by the
district attorney in a noncapital case, or the Attorney General in a capital
case, and the person filing the motion. If the parties cannot agree, the court
shall designate the laboratory to conduct the testing and shall consider
designating a laboratory accredited by the American Society of Crime Laboratory
Directors Laboratory Accreditation Board (ASCLD/
(h) The result of any testing ordered under this section shall be fully disclosed to the person filing the motion, the district attorney, and the Attorney General. If requested by any party, the court shall order production of the underlying laboratory data and notes.
(i)(1) The cost of DNA testing ordered under this section shall be borne by the state or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the ability to pay. However, the cost of any additional testing to be conducted by the district attorney or Attorney General shall not be borne by the convicted person.
(2) In order to pay the state's share of any testing costs, the laboratory designated in subdivision (g) shall present its bill for services to the superior court for approval and payment. It is the intent of the Legislature to appropriate funds for this purpose in the 2000-01 Budget Act.
(j) An order granting or denying a motion for DNA testing under this section shall not be appealable, and shall be subject to review only through petition for writ of mandate or prohibition filed by the person seeking DNA testing, the district attorney, or the Attorney General. The petition shall be filed within 20 days after the court's order granting or denying the motion for DNA testing. In a noncapital case, the petition for writ of mandate or prohibition shall be filed in the court of appeal. In a capital case, the petition shall be filed in the California Supreme Court. The court of appeal or California Supreme Court shall expedite its review of a petition for writ of mandate or prohibition filed under this subdivision.
(k) DNA testing ordered by the court pursuant to this section shall be done as soon as practicable. However, if the court finds that a miscarriage of justice will otherwise occur and that it is necessary in the interests of justice to give priority to the DNA testing, a DNA laboratory shall be required to give priority to the DNA testing ordered pursuant to this section over the laboratory's other pending casework.
(l) DNA profile information from biological samples taken from a convicted person pursuant to a motion for postconviction DNA testing is exempt from any law requiring disclosure of information to the public.
(m) Notwithstanding any other provision of law, the right to file a motion for postconviction DNA testing provided by this section is absolute and shall not be waived. This prohibition applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendre.
(n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CREDIT(S)
(Added by Stats.2000, c. 821 (S.B.1342), § 1. Amended by Stats.2001, c. 943 (S.B.83), § 1; Stats.2004, c. 405 (S.B.1796), § 16.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 12, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1407
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1407. Property in custody of peace officer; holding subject to provisions of chapter
When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he shall hold it subject to the provisions of this chapter relating to the disposal thereof.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1975, c. 774, p. 1794, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1408
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1408. Property in custody of peace officer; order for delivery to owner; payment of expenses
On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, shall order it to be delivered, without prejudice to the state, to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 112, p. 462, § 1; Stats.1971, c. 799, p. 1553, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1409
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1409. Property in custody of magistrate; delivery to owner; proof of title; payment of expenses
If property stolen or embezzled comes into the custody of the magistrate, it shall be delivered, without prejudice to the state, to the owner upon his application to the court and on satisfactory proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1971, c. 799, p. 1553, § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1410
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1410. Property not delivered to owner; proof of title; order for restoration by trial court
If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, upon the application of the owner to the court and on proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the court, may order it to be restored to the owner without prejudice to the state.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1971, c. 799, p. 1553, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1411
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1411. Unclaimed property delivered to county officer; notice to owner or holder of security interest; failure to claim; disposition
If the ownership of the property stolen or embezzled and the address of the owner, and the address of the owner of a security interest therein, can be reasonably ascertained, the peace officer who took custody of the property shall notify the owner, and a person having a security interest therein, by letter of the location of the property and the method by which the owner may obtain it. This notice shall be given upon the conviction of a person for an offense involving the theft, embezzlement, or possession of the property, or if a conviction was not obtained, upon the making of a decision by the district attorney not to file the case or upon the termination of the proceedings in the case. Except as provided in Section 217 of the Welfare and Institutions Code, if the property stolen or embezzled is not claimed by the owner before the expiration of three months after the giving of this notice, or, in any case in which such a notice is not given, before the expiration of six months from the conviction of a person for an offense involving the theft, embezzlement, or possession of the property, or if a conviction was not obtained, then from the time the property came into the possession of the peace officer or the case involving the person from whom it was obtained is disposed of, whichever is later, the magistrate or other officer having it in custody may, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer or other proper county officer, by whom it shall be sold and the proceeds paid into the county treasury. However, notwithstanding any other provision of law, if the person from whom custody of the property was taken is a secondhand dealer or licensed pawnbroker and reasonable but unsuccessful efforts have been made to notify the owner of the property and the property is no longer needed for the criminal proceeding, the property shall be returned to the secondhand dealer or pawnbroker who had custody of the property and be treated as regularly acquired property. If the property is transferred to the county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the county officer determines that any of the property transferred to him or her for sale is needed for a public use, the property may be retained by the county and need not be sold. The magistrate or other officer having the property in custody may, however, provide for the sale of the property in the manner provided for the sale of unclaimed property which has been held for at least three months pursuant to Section 2080.4 of the Civil Code.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1967, c. 951, p. 2447, § 2; Stats.1969, c. 857, p. 1691, § 4; Stats.1972, c. 526, p. 907, § 2; Stats.1976, c. 369, p. 1016, § 1; Stats.1978, c. 121, p. 290, § 1; Stats.1986, c. 826, § 8; Stats.1987, c. 828, § 94.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1412
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1412. Money or property taken from defendant on arrest; duplicate receipts; filing or delivery of receipts
When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other of which he must forthwith file with the Clerk of the Court to which the depositions and statement are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the Clerk or other person in charge of the police office in such city or town.
CREDIT(S)
(Enacted in 1872.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1413
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 12. Disposal of Property Stolen or Embezzled (Refs & Annos)
§ 1413. Person in charge of property section; record of property allegedly stolen or embezzled; delivery to owner; review by magistrate; liability
(a) The clerk or person having charge of the property section for any police department in any incorporated city or town, or for any sheriff's department in any county, shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof. He may engrave or imbed an identification number in property described in Section 537e for the purposes thereof.
(b) The clerk or person in charge of the property section may, upon satisfactory proof of the ownership of property held pursuant to Section 1407, and upon presentation of proper personal identification, deliver it to the owner. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Prior to such delivery such clerk or person in charge of the property section shall make and retain a complete photographic record of such property. The person to whom property is delivered shall sign, under penalty of perjury, a declaration of ownership, which shall be retained by the clerk or person in charge of the property section. This subdivision shall not apply to any property subject to forfeiture under any provision of law. This subdivision shall not apply unless the clerk or person in charge of the property section has served upon the person from whom custody of the property was taken a notice of a claim of ownership and a copy of the satisfactory proof of ownership tendered and has allowed such person reasonable opportunity to be heard as to why the property should not be delivered to the person claiming ownership.
If the person upon whom a notice of claim and proof of ownership has been served does not respond asserting a claim to the property within 15 days from the date of receipt of the service, the property may be disposed of in a manner not inconsistent with the provisions of this section.
(c) The magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling the property, or the court before which a trial is had for stealing or embezzling it, shall upon application by the person from whom custody of the property was taken, review the determination of the clerk or person in charge of the property section, and may order the property taken into the custody of the court upon a finding that the person to whom the property was delivered is not entitled thereto. Such court shall make its determination in the same manner as a determination is made when the matter is before the court pursuant to Sections 1408 to 1410, inclusive.
(d) The clerk or person in charge of the property section is not liable in damages for any official action performed hereunder in good faith.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1975, c. 774, p. 1794, § 2; Stats.1980, c. 312, § 1; Stats.1981, c. 714, § 332.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 13, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417. Exhibits introduced in criminal actions; retention until final determination
All exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall establish a procedure to account for the exhibits properly, subject to Sections 1417.2 and 1417.3 until final determination of the action or proceedings and the exhibits shall thereafter be distributed or disposed of as provided in this chapter.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.1990, c. 382 (A.B.3408), § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.1
Effective: January 1, 2013
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.1. Order for destruction of exhibits; final determination of action
No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the date when a criminal action or proceeding becomes final is as follows:
(a) When no notice of appeal is filed, 30 days after the last day for filing that notice.
(b) When a notice of appeal is filed, 30 days after the date the clerk of the court receives the remittitur affirming the judgment.
(c) When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one year thereafter, one year after the date of that order.
(d)(1) In cases where the death penalty is imposed, 30 days after the date of execution of sentence.
(2) In cases where the death penalty is imposed and the defendant dies while awaiting execution, one year after the date of the defendant's death.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.2012, c. 283 (S.B.1489), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.2. Return of exhibits to parties prior to final determination; stipulation; notice and motion; photographic record
Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit delivered to that party at any time prior to the final determination of the action or proceeding, upon stipulation of the parties or upon notice and motion if both of the following requirements are met:
(a) No prejudice will be suffered by either party.
(b) A full and complete photographic record is made of the exhibits so released.
The party to whom the exhibit is being returned shall provide the photographic record. This section shall not apply to any material, the release of which is prohibited by Section 1417.6.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.3. Return of exhibits prior to final determination; photographic record; toxic exhibits
(a) At any time prior to the final determination of the action or proceeding, exhibits offered by the state or defendant shall be returned to the party offering them by order of the court when an exhibit poses a security, storage, or safety problem, as recommended by the clerk of the court. If an exhibit by its nature is severable the court shall order the clerk to retain a portion of the exhibit not exceeding three pounds by weight or one cubic foot by volume and shall order the return of the balance of the exhibit to the district attorney. The clerk, upon court order, shall substitute a full and complete photographic record of any exhibit or part of any exhibit returned to the state under this section. The party to whom the exhibit is being returned shall provide the photographic record.
(b) Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the court in the form of a photographic record and a written chemical analysis certified by competent authority. Where the court finds that good cause exists to depart from this procedure, toxic exhibits may be brought into the courtroom and introduced. However, following introduction of the exhibit, the person or persons previously in possession of the exhibit shall take responsibility for it and the court shall not be required to store the exhibit.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.1986, c. 734, § 1; Stats.1990, c. 382 (A.B.3408), § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.5. Disposition of exhibits
Except as provided in Section 1417.6, 60 days after the final determination of a criminal action or proceeding, the clerk of the court shall dispose of all exhibits introduced or filed in the case and remaining in the clerk's possession, as follows:
(a) If the name and address of the person from whom the exhibit was taken is contained in the court record, the clerk shall notify the person that he or she may make application to the court for release of the exhibits within 15 days of receipt of the notification.
(b) The court shall order the release of exhibits free of charge, without prejudice to the state, upon application, to the following:
(1) First, the person from whom the exhibits were taken into custody, provided that the person was in lawful possession of the exhibits.
(2) Second, a person establishing title to, or a right to possession of, the exhibits.
(c) If the party entitled to an exhibit fails to apply for the return of the exhibit prior to the date for disposition under this section, the following procedures shall apply:
(1) Exhibits of stolen or embezzled property other than money shall be disposed of pursuant to court order as provided in Section 1417.6.
(2) Exhibits of property other than property which is stolen or embezzled or property which consists of money or currency shall, except as otherwise provided in this paragraph and in paragraph (3), be transferred to the appropriate county agency for sale to the public in the same manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the county determines that any property is needed for a public use, the property may be retained by the county and need not be sold.
(3) Exhibits of property, other than money, currency, or stolen or embezzled property, that are determined by the court to have no value at public sale shall be destroyed or otherwise disposed of pursuant to court order.
(4) Exhibits of money or currency shall be disposed of pursuant to Section 1420.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.1986, c. 734, § 2; Stats.1997, c. 133 (A.B.79), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.6
Effective: January 1, 2011
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.6. Property unlawfully possessed and used in commission of crime; inapplicability of provisions for disposition; type of tool or device used in motor vehicle chop shop violations; declaration of nuisance; hearing; disposition
(a) The provisions of Section 1417.5 shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any kind or character whatsoever the possession of which is prohibited by law and that was used by a defendant in the commission of the crime of which the defendant was convicted, or with which the defendant was armed or that the defendant had upon his or her person at the time of the defendant's arrest.
Any of this property introduced or filed as an exhibit shall be, by order of the trial court, destroyed or otherwise disposed of under the conditions provided in the order no sooner than 60 days following the final determination of the criminal action or proceeding.
(b)(1) Every person who knowingly has in his or her possession any tool or device that is seized and of a type used in the commission of a violation of Section 10801, 10802, or 10803 of the Vehicle Code, shall be subject to having the tool or device intended for the above purpose deemed a nuisance as provided in paragraph (2).
(2) An evidentiary hearing shall be held only upon conviction of the defendant for a violation of Section 10801, 10802, or 10803 of the Vehicle Code and after 15 days' notice is given to the defendant of the state's intent to declare as a nuisance any property that is described in paragraph (1). All relevant evidence shall be admissible at the hearing and the state shall prove by a preponderance of the evidence that the property seized is of a type used in facilitating the commission of the crime of which the defendant was convicted.
(3) If a person purports to be the lawful owner of any tool or device the state seeks to be declared a nuisance, the person shall show proof by a preponderance of the evidence at the hearing pursuant to paragraph (2), that he or she owns the tool or device, and the illegal use of the tool or device was without his or her knowledge or consent.
(4) Following a determination that the property shall be declared a nuisance, the property shall be disposed of as provided in paragraph (2) or (3) of subdivision (c) of Section 1417.5.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.1994, c. 488 (A.B.3653), § 1; Stats.1995, c. 377 (S.B.1095), § 5; Stats.2010, c. 709 (S.B.1062), § 17.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.7
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.7. Proposed disposition; notification of parties and attorneys; photographic record
Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney (or other prosecuting attorney), the attorney of record for each party, and each party who is not represented by counsel of the proposed disposition. Before the disposition, any party, at his or her own expense, may cause to be prepared a photographic record of all or part of the exhibit by a person who is not a party or attorney of a party. The clerk of the court shall observe the taking of the photographic record and, upon receipt of a declaration of the person making the photographic record that the copy and negative of the photograph delivered to the clerk is a true, unaltered, and unretouched print of the photographic record taken in the presence of the clerk, the clerk shall certify the photographic record as such without charge and retain it unaltered for a period of 60 days following the final determination of the criminal action or proceeding. A certified photographic record of exhibits shall not be deemed inadmissible pursuant to Section 1521 or 1522 of the Evidence Code.
CREDIT(S)
(Added by Stats.1985, c. 875, § 3. Amended by Stats.1998, c. 100 (S.B.177), § 8, operative Jan. 1, 1999.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.8
Effective: October 13, 2007
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.8. Photographs of minors; harmful matter; preservation of and access to photos
(a) Notwithstanding any other provision of this chapter, the court shall direct that any photograph of any minor that has been found by the court to be harmful matter, as defined in Section 313, and introduced or filed as an exhibit in any criminal proceeding specified in subdivision (b) be handled as follows:
(1) Prior to the final determination of the action or proceeding, the photograph shall be available only to the parties or to a person named in a court order to receive the photograph.
(2) After the final determination of the action or proceeding, the photograph shall be preserved with the permanent record maintained by the clerk of the court. The photograph may be disposed of or destroyed after preservation through any appropriate photographic or electronic medium. If the photograph is disposed of, it shall be rendered unidentifiable before the disposal. No person shall have access to the photograph unless that person has been named in a court order to receive the photograph. Any copy, negative, reprint, or other duplication of the photograph in the possession of the state, a state agency, the defendant, or an agent of the defendant, shall be delivered to the clerk of the court for disposal whether or not the defendant was convicted of the offense.
(b) The procedure provided by subdivision (a) shall apply to actions listed under subdivision (c) of Section 290, and to acts under the following provisions:
(1) Section 261.5.
(2) Section 272.
(3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1.
(4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1.
(c) For the purposes of this section, “photograph” means any photographic image contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium.
CREDIT(S)
(Added by Stats.1996, c. 882 (A.B.2153), § 1. Amended by Stats.2001, c. 473 (S.B.485), § 14; Stats.2007, c. 579 (S.B.172), § 43, eff. Oct. 13, 2007.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1417.9
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§ 1417.9. Retention of biological material
(a) Notwithstanding any other provision of law and subject to subdivision (b), the appropriate governmental entity shall retain all biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. The governmental entity shall have the discretion to determine how the evidence is retained pursuant to this section, provided that the evidence is retained in a condition suitable for deoxyribonucleic acid (DNA) testing.
(b) A governmental entity may dispose of biological material before the expiration of the period of time described in subdivision (a) if all of the conditions set forth below are met:
(1) The governmental entity notifies all of the following persons of the provisions of this section and of the intention of the governmental entity to dispose of the material: any person, who as a result of a felony conviction in the case is currently serving a term of imprisonment and who remains incarcerated in connection with the case, any counsel of record, the public defender in the county of conviction, the district attorney in the county of conviction, and the Attorney General.
(2) The notifying entity does not receive, within 90 days of sending the notification, any of the following:
(A) A motion filed pursuant to Section 1405. However, upon filing of that motion, the governmental entity shall retain the material only until the time that the court's denial of the motion is final.
(B) A request under penalty of perjury that the material not be destroyed or disposed of because the declarant will file within 180 days a motion for DNA testing pursuant to Section 1405 that is followed within 180 days by a motion for DNA testing pursuant to Section 1405, unless a request for an extension is requested by the convicted person and agreed to by the governmental entity in possession of the evidence.
(C) A declaration of innocence under penalty of perjury that has been filed with the court within 180 days of the judgment of conviction or July 1, 2001, whichever is later. However, the court shall permit the destruction of the evidence upon a showing that the declaration is false or there is no issue of identity that would be affected by additional testing. The convicted person may be cross-examined on the declaration at any hearing conducted under this section or on an application by or on behalf of the convicted person filed pursuant to Section 1405.
(3) No other provision of law requires that biological evidence be preserved or retained.
(c) Notwithstanding any other provision of law, the right to receive notice pursuant to this section is absolute and shall not be waived. This prohibition applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendre.
CREDIT(S)
(Added by Stats.2000, c. 821 (S.B.1342), § 2. Amended by Stats.2001, c. 943 (S.B.83), § 2; Stats.2002, c. 1105 (S.B.1391), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1418
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§§ 1418 to 1419. Repealed by Stats.1985, c. 875, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1418.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§§ 1418 to 1419. Repealed by Stats.1985, c. 875, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1418.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§§ 1418 to 1419. Repealed by Stats.1985, c. 875, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1419
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 13. Disposition of Evidence in Criminal Cases (Refs & Annos)
§§ 1418 to 1419. Repealed by Stats.1985, c. 875, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 14, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1420
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk (Refs & Annos)
§ 1420. Deposit with county treasurer; publication of notice
All money received by a district attorney or clerk of the court in any criminal action or proceeding, the owner or owners of which are unknown, and which remains unclaimed in the possession of the district attorney or clerk of the court after final judgment in the criminal action or proceeding, shall be deposited with the county treasurer. Upon the expiration of two years after the deposit, the county treasurer shall cause a notice pursuant to Section 1421 to be published in the county once a week for two successive weeks in a newspaper of general circulation published in the county.
CREDIT(S)
(Added by Stats.1959, c. 2016, p. 4656, § 1. Amended by Stats.1985, c. 875, § 5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1421
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk (Refs & Annos)
§ 1421. Contents of notice
The notice shall state the amount of money, the criminal action or proceeding in which the money was received by the district attorney or clerk of the court, the fund in which it is held and that it is proposed that the money will become the property of the county on a designated date not less than 45 days nor more than 60 days after the first publication of the notice.
CREDIT(S)
(Added by Stats.1959, c. 2016, p. 4656, § 1. Amended by Stats.1985, c. 875, § 6.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1422
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk (Refs & Annos)
§ 1422. Necessity of filing verified complaint; service; date money becomes property of county; transfer to general fund
Unless some person files a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the county treasurer before the date designated in the notice, upon that date the money becomes the property of the county and shall be transferred by the treasurer to the general fund.
CREDIT(S)
(Added by Stats.1959, c. 2016, p. 4656, § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1423
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk (Refs & Annos)
§ 1423. Repealed by Stats.1941, c. 106, p. 1132, § 16
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 10, Ch. 15, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 10. Miscellaneous Proceedings
Chapter 15. Disqualification of Prosecuting Attorneys
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1424
Effective: January 1, 2000
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 10. Miscellaneous Proceedings
Chapter 15. Disqualification of Prosecuting Attorneys (Refs & Annos)
§ 1424. District or city attorney; notice of motion; service; hearing; order; appeal
(a)(1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. The notice of motion shall contain a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the moving party and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney or the Attorney General, or both, may file affidavits in opposition to the motion and may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The judge shall review the affidavits and determine whether or not an evidentiary hearing is necessary. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. An order recusing the district attorney from any proceeding may be reviewed by extraordinary writ or may be appealed by the district attorney or the Attorney General. The order recusing the district attorney shall be stayed pending any review authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed in the trial court on the basis of facts that were raised or could have been raised at the time of the original motion.
(2) An appeal from an order of recusal or from a case involving a charge punishable as a felony shall be made pursuant to Chapter 1 (commencing with Section 1235) of Title 9, regardless of the court in which the order is made. An appeal from an order of recusal in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11, regardless of the court in which the order is made.
(b)(1) Notice of a motion to disqualify a city attorney from performing an authorized duty involving a criminal matter shall be served on the city attorney and the district attorney at least 10 court days before the motion is heard. The notice of motion shall set forth a statement of the facts relevant to the claimed disqualification and the legal authorities relied on by the moving party. The district attorney may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be appealed by the city attorney or the district attorney. The order recusing the city attorney shall be stayed pending an appeal authorized by this section. An appeal from an order of disqualification in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district attorney shall be separately made.
CREDIT(S)
(Added by Stats.1980, c. 780, § 1. Amended by Stats.1985, c. 724, § 1; Stats.1988, c. 527, § 2; Stats.1996, c. 91 (A.B.2208), § 1; Stats.1998, c. 51 (A.B.1858), § 1; Stats.1998, c. 931 (S.B.2139), § 406, eff. Sept. 28, 1998; Stats.1998, c. 931 (S.B.2139), § 406.5, eff. Sept. 28, 1998, operative Jan. 1, 1999; Stats.1999, c. 363 (A.B.154), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 11, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 11, Ch. 1, Disp Table
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases
Chapter 1. Proceedings in Misdemeanor and Infraction Cases
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code Pt. 2, T. 11, Ch. 1, Refs & Annos
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases
Chapter 1. Proceedings in Misdemeanor and Infraction Cases
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1425
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1425. Repealed by Stats.1976, c. 1288, p. 5765, § 20
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1426
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1426. Repealed by Stats.1951, c. 1674, p. 3857, § 145
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1426a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1426a. Repealed by Stats.1980, c. 1093, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1426.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1426.1. Repealed by Stats.1951, c. 1674, p. 3857, § 145
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1427
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1427. Warrant; issuance; form; summons on offense by corporation; service; appearance and answer by corporation; nonappearance
(a) When a complaint is presented to a judge in a misdemeanor or infraction case appearing to be triable in the judge's court, the judge must, if satisfied therefrom that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, issue a warrant, for the arrest of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in conformity to the provisions of this code regarding warrants of arrest, and it may be in the following form:
County of __________
The people of the State of California, to any peace officer in this state:
Complaint upon oath having been this day made before me that the offense of __________ (designating it generally) has been committed and accusing __________ (name of defendant) thereof you are therefore commanded forthwith to arrest the above-named defendant and bring the defendant forthwith before the __________ Court of __________ (stating full title of court) at __________ (naming place).
Witness my hand and the seal of said court this __________ day of __________, 19___.
|
(Signed). |
______________________________________ |
|
|
Judge of said court |
If it appears that the offense complained of has been committed by a corporation, no warrant of arrest shall issue, but the judge must issue a summons substantially in the form prescribed in Section 1391. Such summons must be served at the time and in the manner designated in Section 1392 except that if the offense complained of is a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, such summons may be served by deposit by the clerk of the court in the United States mail of an envelope enclosing the summons, which envelope shall be addressed to a person authorized to accept service of legal process on behalf of the defendant, and which envelope shall be mailed by registered mail or certified mail with a return receipt requested. Promptly upon such mailing, the clerk of the court shall execute a certificate of such mailing and place it in the file of the court for that case. At the time stated in the summons the corporation may appear by counsel and answer the complaint, except that in the case of misdemeanors arising from operation of motor vehicles, or of infractions arising from operation of motor vehicles, a corporation may appear by its president, vice president, secretary or managing agent for the purpose of entering a plea of guilty. If it does not appear, a plea of not guilty shall be entered, and the same proceedings had therein as in other cases.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1905, c. 543, p. 706, § 2; Stats.1951, c. 1674, p. 3857, § 146; Stats.1953, c. 613, p. 1860, § 5; Stats.1955, c. 720, p. 1210, § 1; Stats.1969, c. 1278, p. 2500, § 1; Stats.1973, c. 718, p. 1296, § 3; Stats.1998, c. 931 (S.B.2139), § 409, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1428. Misdemeanor and infraction cases; docket kept by clerk of superior court; contents of docket; entries
In misdemeanor and infraction cases, the clerk of the superior court may keep a docket, instead of minutes pursuant to Section 69844 of the Government Code and a register of actions pursuant to Section 69845 or 69845.5 of the Government Code. In the docket, the clerk shall enter the title of each criminal action or proceeding and under each title all the orders and proceedings in such action or proceeding. Wherever by any other section of this code made applicable to such court an entry of any judgment, order or other proceeding in the minutes or register of actions is required, an entry thereof in the docket shall be made and shall be deemed a sufficient entry in the minutes or register of actions for all purposes.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1935, c. 787, p. 2181, § 1; Stats.1951, c. 1674, p. 3858, § 147; Stats.1953, c. 613, p. 1861, § 6; Stats.1961, c. 731, p. 1974, § 1; Stats.1998, c. 931 (S.B.2139), § 410, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 553.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1428a. Repealed by Stats.1961, c. 731, p. 1974, § 2
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428b
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1428b. Repealed by Stats.1980, c. 354, § 7
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1428.1 to 1428.3. Repealed by Stats.1951, c. 1674, p. 3858, § 148
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1428.1 to 1428.3. Repealed by Stats.1951, c. 1674, p. 3858, § 148
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1428.1 to 1428.3. Repealed by Stats.1951, c. 1674, p. 3858, § 148
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1428.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1428.4. Repealed by Stats.1980, c. 354, § 8
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1429
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1429. Misdemeanor case; plea by defendant or counsel; hearing to determine gravity of offense on plea of guilty; commitment or bail to answer higher offense
In a misdemeanor case the plea of the defendant may be made by the defendant or by the defendant's counsel. If such defendant pleads guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against the defendant by the grand jury, or any complaint which may be filed charging the defendant with such higher offense.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 453, § 83; Code Am.1880, c. 47, p. 30, § 111; Stats.1935, c. 748, p. 2103, § 1; Stats.1951, c. 1674, p. 3858, § 149; Stats.1998, c. 931 (S.B.2139), § 411, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1429.5
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1429.5. Repealed by Stats.2002, c. 784 (S.B.1316), § 554.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1430
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1430. Repealed by Initiative Measure (Prop. 115), approved June 5, 1990
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1431
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1431 to 1432.1. Repealed by Stats.1977, c. 1257, p. 4788, §§ 124 to 126, eff. Oct. 3, 1977
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1432
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1431 to 1432.1. Repealed by Stats.1977, c. 1257, p. 4788, §§ 124 to 126, eff. Oct. 3, 1977
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1432.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1431 to 1432.1. Repealed by Stats.1977, c. 1257, p. 4788, §§ 124 to 126, eff. Oct. 3, 1977
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1433
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1434
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1435
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1436
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1437
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1438
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1439
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1440
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1441
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1442
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1443
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1444
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1433 to 1444. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1445
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1445. Judgment after plea of guilty or conviction
When the defendant pleads guilty, or is convicted, either by the court, or by a jury, the court shall render judgment thereon of fine or imprisonment, or both, as the case may be.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 453, § 84; Stats.1989, c. 1360, § 117.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1446
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1446. Repealed by Stats.1951, c. 1674, p. 3858, § 150
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1447
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1447. Order for complainant to pay costs for malicious prosecution without probable cause; defendant acquitted
When the defendant is acquitted in a misdemeanor or infraction case, if the court certifies in the minutes that the prosecution was malicious and without probable cause, the court may order the complainant to pay the costs of the action, or to give an undertaking to pay the costs within 30 days after the trial.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3858, § 151; Stats.1982, c. 517, p. 2406, § 317; Stats.1998, c. 931 (S.B.2139), § 413, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1448
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1448. Order for complainant to pay costs for malicious prosecution without probable cause; judgment; enforcement
If the complainant does not pay the costs, or give an undertaking therefor, the court may enter judgment against the complainant for the amount of the costs, which may be enforced in the manner provided for enforcement of money judgments generally.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1982, c. 517, p. 2407, § 318; Stats.1982, c. 497, p. 2206, § 141, operative July 1, 1983; Stats.1983, c. 18, p. 57, § 25, eff. April 21, 1983.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1449
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1449. Judgment; time for pronouncement; extension of time; bail to appear for judgment; commitment pending determination of sanity; veteran discharged for mental disability, military medical history
In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment which shall be not less than six hours, nor more than five days, after the verdict or plea of guilty, unless the defendant waives the postponement. The court may extend the time for not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment. The court also may extend the time for not more than 20 judicial days if probation is considered. Upon request of the defendant or the probation officer, that time may be further extended for not more than 90 additional days. In case of postponement, the court may hold the defendant to bail to appear for judgment. If, in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing judgment and may commit the defendant to custody until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for mental disability, upon his or her request, his or her case shall be referred to the probation officer, who shall secure a military medical history of the defendant and present it to the court together with a recommendation for or against probation.
CREDIT(S)
(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 454, § 85; Stats.1933, c. 535, p. 1423, § 1; Stats.1947, c. 1177, p. 2659, § 2; Stats.1951, c. 1674, p. 3829, § 152; Stats.1955, c. 107, p. 570, § 1; Stats.1968, c. 722, p. 1421, § 1; Stats.1995, c. 41 (A.B.884), § 1; Stats.1998, c. 931 (S.B.2139), § 414, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1450
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1451
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1452
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1453
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1454
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1455
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1456
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1450 to 1456. Repealed by Stats.1951, c. 1674, p. 3859, § 153
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1457
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1457. Discharge on payment of fine; transmittal of fine to court
Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and pay over the fine to the court which rendered the judgment.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1901, c. 71, p. 88, § 1; Stats.1905, c. 182, p. 177, § 1; Stats.1927, c. 197, p. 355, § 1; Stats.1941, c. 733, p. 2250, § 1; Stats.1949, c. 1517, p. 2699, § 1, adopted Election Nov. 7, 1950.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1458
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1458. Bail; provisions applicable; time for admission to bail; form of undertaking
The provisions of this code relative to bail are applicable to bail in misdemeanor or infraction cases. The defendant, at any time after arrest and before conviction, may be admitted to bail. The undertaking of bail in such a case shall be in substantially the following form:
A complaint having been filed on the __________ day of __________, 19___, in the __________ Court of __________ County of __________ (stating title and location of court) charging __________ (naming defendant) as defendant with the crime of __________ (designating it generally) and the defendant having been admitted to bail in the sum of __________ dollars ($ __________) (stating amount);
We, __________ and __________, of __________ (stating their places of residence and occupation), hereby undertake that the above-named defendant will appear and answer any charge in any accusatory pleading based upon the acts supporting the complaint above mentioned and all duly authorized amendments thereof, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and, if convicted, will appear for pronouncement of judgment or grant of probation or if the defendant fails to perform either of these conditions, that we will pay to the people of the State of California the sum of __________ dollars ($ __________)(inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond is ordered by the court, judgment may be summarily made and entered forthwith against the said __________ (naming the sureties and the defendant if the defendant is a party to the bond) for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306 of the California Penal Code.
CREDIT(S)
(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3859, § 154; Stats.1957, c. 1974, p. 3522, § 3; Stats.1959, c. 1188, p. 3274, § 3; Stats.1969, c. 1259, p. 2464, § 8; Stats.1998, c. 931 (S.B.2139), § 415, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1459
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1459. Undertakings of bail filed by admitted surety insurers; form of obligation
Undertakings of bail filed by admitted surety insurers shall meet all other requirements of law and the obligation of the insurer shall be in the following form except to the extent a different form is otherwise provided by statute:
__________ (stating the title and the location of the court).
Defendant
__________ (stating the name of the defendant) having been admitted to bail in
the sum of __________ dollars ($ __________) (stating the amount of bail fixed)
and ordered to appear in the above-entitled court on __________, 19___ (stating
the date for appearance in court), on __________ (stating only the word
“misdemeanor” or the word “felony”) charge/
Now,
the __________ (stating the name of admitted surety insurer and state of
incorporation) hereby undertakes that the above-named defendant will appear in
the above-named court on the date above set forth to answer any charge in any
accusatory pleading based upon the acts supporting the complaint filed against
him/
If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said y(10)6d (stating the name of admitted surety insurer and state of incorporation) for the amount of its undertaking herein, as provided by Sections 1305 and 1306 of the California Penal Code.
|
|
______________________________________ |
|
|
(Stating the name of admitted surety insurer |
|
|
and state of incorporation), |
|
|
(Signature) |
|
|
By ______________________________________ |
|
|
Attorney-in-fact |
|
|
(Corporate seal) |
|
(Jurat of notary public |
|
|
or other officer authorized |
|
|
to administer oaths.) |
|
CREDIT(S)
(Added by Stats.1955, c. 510, p. 987, § 1. Amended by Stats.1957, c. 1974, p. 3522, § 4; Stats.1959, c. 1188, p. 3274, § 4; Stats.1969, c. 1259, p. 2465, § 9; Stats.1998, c. 931 (S.B.2139), § 416, eff. Sept. 28, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1460
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1460. Repealed by Stats.1951, c. 1674, p. 3860, § 155
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1461
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1461. Repealed by Stats.1961, c. 87, p. 1096, § 1
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1461a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1461a. Repealed by Stats.1951, c. 1674, p. 3860, § 157
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462
Effective: January 1, 2003
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462. Repealed by Stats.2002, c. 784 (S.B.1316), § 554.1
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462.1
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462.1. Repealed by Stats.1998, c. 931 (S.B.2139), § 418, eff. Sept. 28, 1998
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462.2
Effective: January 1, 2004
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462.2. Trial of misdemeanor cases, determination of proper court; transfer of case
Except as otherwise provided in the Vehicle Code, the proper court for the trial of criminal cases amounting to misdemeanor shall be the superior court of the county within which the offense charged was committed.
If an action or proceeding is commenced in a court other than the court herein designated as the proper court for the trial, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time of pleading, requests an order transferring the action or proceeding to the proper court. If after that request it appears that the action or proceeding was not commenced in the proper court, the court shall order the action or proceeding transferred to the proper court. The judge shall, at the time of arraignment, inform the defendant of the right to be tried in the county where the offense was committed.
CREDIT(S)
(Added by Stats.1949, c. 1518, p. 2702, § 4, adopted Election, Nov. 7, 1950. Amended by Stats.1951, c. 823, p. 2311, § 1; Stats.1957, c. 1192, p. 2483, § 1; Stats.1979, c. 735, p. 2573, § 3; Stats.1998, c. 931 (S.B.2139), § 419, eff. Sept. 28, 1998; Stats.2003, c. 449 (A.B.1712), § 35.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462.25
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462.25. Defendant formally charged with violation of § 14601 in more than one court; agreement to plead guilty or nolo contendere; transfer of matter
(a) A defendant formally charged with a violation of Vehicle Code Section 14601 in one court (“the first court”), against whom a formal charge of a violation of Vehicle Code Section 14601 is pending in one or more other courts, may state in writing his or her agreement to plead guilty or nolo contendere to some or all of the charges pending in the other courts, to waive trial or hearing in the other courts, and to consent to disposition of the case in the first court. The defendant's agreement is ineffective unless the district attorney for the other county approves in writing. Upon receipt of the defendant's agreement and the district attorney's approval, the clerk of court in the other court shall transfer the pending matter to the first court, and transmit the papers or certified copies. The prosecution of each transferred matter shall proceed in the first court as part of the case pending against the defendant there, but shall be limited to proceedings upon the defendant's plea of guilty or nolo contendere, and sentencing or probation. If the defendant pleads not guilty, the clerk shall retransfer the transferred case to the court of origin, and the prosecution shall be resumed in that court. The defendant's statement that the defendant agreed to plead guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if the defendant is represented by counsel in the other courts, or the defendant has expressly waived his or her right to counsel in the other courts.
(c) A defendant may request appointment of counsel in the other courts by a written request. Upon receiving the defendant's written request, the other court shall appoint counsel to represent the defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred pursuant to subdivision (a) shall not commence the running of time limits under Section 859b, 860, 861, or 1382.
CREDIT(S)
(Added by Stats.1994, c. 389 (A.B.1084), § 20, eff. Sept. 1, 1994.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462.3. Repealed by Stats.1992, c. 1244 (A.B.408), § 2, operative July 1, 1993.
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1462.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1462.5. Proration of fines, penalties, forfeitures, or fees among state and local shares
Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform accounting system established by the State Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.
CREDIT(S)
(Added by Stats.1984, c. 980, § 6.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463
Effective: January 1, 2008
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463. Distribution of fines and forfeitures imposed and collected for crimes
All fines and forfeitures imposed and collected for crimes shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this chapter:
(a) “Arrest” means any law enforcement action, including issuance of a notice to appear or notice of violation, which results in a criminal charge.
(b) “City” includes any city, city and county, district, including any enterprise special district, community service district, or community service area engaged in police protection activities as reported to the Controller for inclusion in the 1989-90 edition of the Financial Transactions Report Concerning Special Districts under the heading of Police Protection and Public Safety, authority, or other local agency (other than a county) which employs persons authorized to make arrests or to issue notices to appear or notices of violation which may be filed in court.
(c) “City arrest” means an arrest by an employee of a city, or by a California Highway Patrol officer within the limits of a city.
(d) “County” means the county in which the arrest took place.
(e) “County arrest” means an arrest by a California Highway Patrol officer outside the limits of a city, or any arrest by a county officer or by any other state officer.
(f) “Court” means the superior court or a juvenile forum established under Section 257 of the Welfare and Institutions Code, in which the case arising from the arrest is filed.
(g) “Division of moneys” means an allocation of base fine proceeds between agencies as required by statute, including, but not limited to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code, Sections 13001, 13002, and 13003 of the Fish and Game Code, and Section 11502 of the Health and Safety Code.
(h) “Offense” means any infraction, misdemeanor, or felony, and any act by a juvenile leading to an order to pay a financial sanction by reason of the act being defined as an infraction, misdemeanor, or felony, whether defined in this or any other code, except any parking offense as defined in subdivision (i).
(i) “Parking offense” means any offense charged pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, including registration and equipment offenses included on a notice of parking violation.
(j) “Penalty allocation” means the deposit of a specified part of moneys to offset designated processing costs, as provided by Section 1463.16 of this code and by Section 68090.8 of the Government Code.
(k) “Total parking penalty” means the total sum to be collected for a parking offense, whether as fine, forfeiture of bail, or payment of penalty to the Department of Motor Vehicles (DMV). It may include the following components:
(1) The base parking penalty as established pursuant to Section 40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government Code.
(4) The notice penalty added to the base parking penalty when a notice of delinquent parking violations is given.
(l) “Total fine or forfeiture” means the total sum to be collected upon a conviction, or the total amount of bail forfeited or deposited as cash bail subject to forfeiture. It may include, but is not limited to, the following components as specified for the particular offense:
(1) The “base fine” upon which the state penalty and additional county penalty is calculated.
(2) The “county penalty” required by Section 76000 of the Government Code.
(3) The “DNA penalty” required by Sections 76104.6 and 76104.7 of the Government Code.
(4) The “emergency medical services penalty” authorized by Section 76000.5 of the Government Code.
(5) The “service charge” permitted by Section 853.7 of the Penal Code and Section 40508.5 of the Vehicle Code.
(6) The “special penalty” dedicated for blood alcohol analysis, alcohol program services, traumatic brain injury research, and similar purposes.
(7) The “state penalty” required by Section 1464.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 18, eff. July 29, 1991. Amended by Stats.1994, c. 1220 (A.B.3132), § 17, eff. Sept. 30, 1994; Stats.1995, c. 285 (A.B.433), § 1; Stats.1998, c. 931 (S.B.2139), § 420, eff. Sept. 28, 1998; Stats.2000, c. 135 (A.B.2539), § 136; Stats.2002, c. 784 (S.B.1316), § 555; Stats.2003, c. 62 (S.B.600), § 233; Stats.2007, c. 302 (S.B.425), § 16.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.001
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.001. Fines and forfeitures imposed and collected for crimes other than parking offenses; allocation and distribution; remittances from the Franchise Tax Board
Except as otherwise provided in this section, all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court shall as soon as practicable after receipt thereof, be deposited with the county treasurer, and each month the total fines and forfeitures which have accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties, service charges, and penalty allocations shall be transferred to the proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution under any other section shall be distributed to the specified funds of the state or local agency.
(2) Base fines resulting from county arrest not included in paragraph (1), shall be transferred into the proper funds of the county.
(3) Base fines resulting from city arrests not included in paragraph (1), an amount equal to the applicable county percentages set forth in Section 1463.002, as modified by Section 1463.28, shall be transferred into the proper funds of the county. Until July 1, 1998, the remainder of base fines resulting from city arrests shall be divided between each city and county, with 50 percent deposited to the county's general fund, and 50 percent deposited to the treasury of the appropriate city, and thereafter the remainder of base fines resulting from city arrests shall be deposited to the treasury of the appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that provides for city fines and forfeitures to accrue to the county in exchange for sales tax receipts, base fines resulting from city arrests not included in paragraph (1) shall be deposited into the proper funds of the county.
(c) Each county shall keep a record of its deposits to its treasury and its transmittal to each city treasury pursuant to this section.
(d) The distribution specified in subdivision (b) applies to all funds subject thereto distributed on or after July 1, 1992, regardless of whether the court has elected to allocate and distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by the Franchise Tax Board upon referral by a county pursuant to Article 6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code shall be allocated pursuant to this section.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 19, eff. July 29, 1991. Amended by Stats.1991, c. 1168 (A.B.2142), § 6, eff. Oct. 14, 1991; Stats.1992, c. 1199 (A.B.2409), § 9, eff. Sept. 30, 1992; Stats.1993, c. 158 (A.B.392), § 20, eff. July 21, 1993; Stats.1994, c. 939 (S.B.1393), § 17, eff. Sept. 28, 1994, operative Jan. 1, 1995; Stats.1994, c. 1242 (A.B.3343), § 7.5; Stats.1997, c. 850 (A.B.233), § 49; Stats.1998, c. 146 (A.B.1301), § 14.5, eff. July 13, 1998.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.002
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.002. Distribution of base fine amounts from city arrests; schedule
The base fine amounts from city arrests shall be subject to distribution according to the following schedule:
|
|
County and city |
Percentage |
|
|
Alameda |
|
|
|
|
Alameda |
18 |
|
|
|
Albany |
29 |
|
|
|
Berkeley |
19 |
|
|
|
Emeryville |
13 |
|
|
|
Hayward |
10 |
|
|
|
Livermore |
7 |
|
|
|
Oakland |
22 |
|
|
|
Piedmont |
44 |
|
|
|
Pleasanton |
17 |
|
|
|
San Leandro |
9 |
|
|
|
|
County percentage |
21 |
|
|
Amador |
|
|
|
|
Amador |
25 |
|
|
|
Ione |
25 |
|
|
|
Jackson |
25 |
|
|
|
Plymouth |
25 |
|
|
|
Sutter Creek |
25 |
|
|
|
|
County percentage |
29 |
|
|
Butte |
|
|
|
|
Biggs |
75 |
|
|
|
Chico |
22 |
|
|
|
Gridley |
49 |
|
|
|
Oroville |
9 |
|
|
|
|
County percentage |
20 |
|
|
Calaveras |
|
|
|
|
Angels |
62 |
|
|
|
|
County percentage |
62 |
|
|
Colusa |
|
|
|
|
Colusa |
13 |
|
|
|
Williams |
17 |
|
|
|
|
County percentage |
16 |
|
|
Contra Costa |
|
|
|
|
Antioch |
11 |
|
|
|
Brentwood |
24 |
|
|
|
Concord |
18 |
|
|
|
El Cerrito |
19 |
|
|
|
Hercules |
14 |
|
|
|
Martinez |
22 |
|
|
|
Pinole |
22 |
|
|
|
Pittsburg |
5 |
|
|
|
Richmond |
14 |
|
|
|
San Pablo |
12 |
|
|
|
Walnut Creek |
24 |
|
|
|
|
County percentage |
14 |
|
|
Del Norte |
|
|
|
|
Crescent City |
19 |
|
|
|
|
County percentage |
19 |
|
|
El Dorado |
|
|
|
|
Placerville |
14 |
|
|
|
|
County percentage |
14 |
|
|
Fresno |
|
|
|
|
Clovis |
23 |
|
|
|
Coalinga |
21 |
|
|
|
Firebaugh |
16 |
|
|
|
Fowler |
34 |
|
|
|
Fresno |
26 |
|
|
|
Huron |
24 |
|
|
|
Kerman |
14 |
|
|
|
Kingsburg |
34 |
|
|
|
Mendota |
11 |
|
|
|
Orange Cove |
24 |
|
|
|
Parlier |
21 |
|
|
|
Reedley |
30 |
|
|
|
Sanger |
29 |
|
|
|
San Joaquin |
15 |
|
|
|
Selma |
14 |
|
|
|
|
County percentage |
24 |
|
|
Glenn |
|
|
|
|
Orland |
27 |
|
|
|
Willows |
36 |
|
|
|
|
County percentage |
32 |
|
|
Humboldt |
|
|
|
|
Arcata |
9 |
|
|
|
Blue Lake |
26 |
|
|
|
Eureka |
11 |
|
|
|
Ferndale |
30 |
|
|
|
Fortuna |
17 |
|
|
|
Trinidad |
11 |
|
|
|
|
County percentage |
11 |
|
|
Imperial |
|
|
|
|
Brawley |
8 |
|
|
|
Calexico |
10 |
|
|
|
Calipatria |
30 |
|
|
|
El Centro |
5 |
|
|
|
Holtville |
16 |
|
|
|
Imperial |
6 |
|
|
|
Westmorland |
12 |
|
|
|
|
County percentage |
8 |
|
|
Inyo |
|
|
|
|
Bishop |
25 |
|
|
|
|
County percentage |
25 |
|
|
Kern |
|
|
|
|
Bakersfield |
10 |
|
|
|
Delano |
13 |
|
|
|
Maricopa |
36 |
|
|
|
Shafter |
15 |
|
|
|
Taft |
19 |
|
|
|
Tehachapi |
12 |
|
|
|
Wasco |
28 |
|
|
|
|
County percentage |
12 |
|
|
Kings |
|
|
|
|
Corcoran |
31 |
|
|
|
Hanford |
21 |
|
|
|
Lemoore |
25 |
|
|
|
|
County percentage |
25 |
|
|
Lake |
|
|
|
|
Lakeport |
33 |
|
|
|
|
County percentage |
33 |
|
|
Lassen |
|
|
|
|
Susanville |
21 |
|
|
|
|
County percentage |
21 |
|
|
Los Angeles |
|
|
|
|
Alhambra |
13 |
|
|
|
Arcadia |
11 |
|
|
|
Avalon |
54 |
|
|
|
Azusa |
11 |
|
|
|
Bell |
11 |
|
|
|
Beverly Hills |
14 |
|
|
|
Burbank |
14 |
|
|
|
Claremont |
5 |
|
|
|
Compton |
16 |
|
|
|
Covina |
11 |
|
|
|
Culver City |
10 |
|
|
|
El Monte |
11 |
|
|
|
El Segundo |
11 |
|
|
|
Gardena |
22 |
|
|
|
Glendale |
16 |
|
|
|
Glendora |
12 |
|
|
|
Hawthorne |
7 |
|
|
|
Hermosa Beach |
14 |
|
|
|
Huntington Park |
12 |
|
|
|
Inglewood |
16 |
|
|
|
La Verne |
14 |
|
|
|
Long Beach |
14 |
|
|
|
Los Angeles |
8 |
|
|
|
Lynwood |
9 |
|
|
|
Manhattan Beach |
13 |
|
|
|
Maywood |
15 |
|
|
|
Monrovia |
11 |
|
|
|
Montebello |
11 |
|
|
|
Monterey Park |
11 |
|
|
|
Palos Verdes Estates |
10 |
|
|
|
Pasadena |
9 |
|
|
|
Pomona |
12 |
|
|
|
Redondo Beach |
15 |
|
|
|
San Fernando |
17 |
|
|
|
San Gabriel |
16 |
|
|
|
San Marino |
5 |
|
|
|
Santa Monica |
11 |
|
|
|
Sierra Madre |
11 |
|
|
|
Signal Hill |
24 |
|
|
|
South Gate |
13 |
|
|
|
South Pasadena |
9 |
|
|
|
Torrance |
16 |
|
|
|
Vernon |
25 |
|
|
|
West Covina |
11 |
|
|
|
Whittier |
11 |
|
|
|
|
County percentage |
11 |
|
|
Madera |
|
|
|
|
Chowchilla |
17 |
|
|
|
Madera |
16 |
|
|
|
|
County percentage |
17 |
|
|
Marin |
|
|
|
|
Belvedere |
16 |
|
|
|
Corte Madera |
12 |
|
|
|
Fairfax |
30 |
|
|
|
Larkspur |
30 |
|
|
|
Mill Valley |
13 |
|
|
|
Ross |
18 |
|
|
|
San Anselmo |
11 |
|
|
|
San Rafael |
13 |
|
|
|
Sausalito |
21 |
|
|
|
|
County percentage |
16 |
|
|
Mendocino |
|
|
|
|
Fort Bragg |
19 |
|
|
|
Point Arena |
40 |
|
|
|
Ukiah |
10 |
|
|
|
Willits |
24 |
|
|
|
|
County percentage |
17 |
|
|
Merced |
|
|
|
|
Atwater |
23 |
|
|
|
Dos Palos |
21 |
|
|
|
Gustine |
23 |
|
|
|
Livingston |
14 |
|
|
|
Los Banos |
13 |
|
|
|
Merced |
18 |
|
|
|
|
County percentage |
18 |
|
|
Modoc |
|
|
|
|
Alturas |
42 |
|
|
|
|
County percentage |
42 |
|
|
Monterey |
|
|
|
|
Carmel |
17 |
|
|
|
Gonzales |
10 |
|
|
|
Greenfield |
13 |
|
|
|
King City |
36 |
|
|
|
Monterey |
13 |
|
|
|
Pacific Grove |
22 |
|
|
|
Salinas |
36 |
|
|
|
Soledad |
16 |
|
|
|
|
County percentage |
23 |
|
|
Napa |
|
|
|
|
Calistoga |
37 |
|
|
|
Napa |
11 |
|
|
|
St. Helena |
12 |
|
|
|
|
County percentage |
14 |
|
|
Nevada |
|
|
|
|
Grass Valley |
7 |
|
|
|
Nevada City |
17 |
|
|
|
|
County percentage |
9 |
|
|
Orange |
|
|
|
|
|
County percentage |
15 |
|
|
Placer |
|
|
|
|
Auburn |
18 |
|
|
|
Colfax |
8 |
|
|
|
Lincoln |
26 |
|
|
|
Rocklin |
16 |
|
|
|
Roseville |
10 |
|
|
|
|
County percentage |
14 |
|
|
Plumas |
|
|
|
|
Portola |
19 |
|
|
|
|
County percentage |
19 |
|
|
Riverside |
|
|
|
|
Banning |
35 |
|
|
|
Beaumont |
15 |
|
|
|
Blythe |
9 |
|
|
|
Coachella |
12 |
|
|
|
Corona |
12 |
|
|
|
Elsinore |
10 |
|
|
|
Hemet |
35 |
|
|
|
Indio |
16 |
|
|
|
Palm Springs |
35 |
|
|
|
Perris |
14 |
|
|
|
Riverside |
16 |
|
|
|
San Jacinto |
41 |
|
|
|
|
County percentage |
35 |
|
|
Sacramento |
|
|
|
|
Folsom |
31 |
|
|
|
Galt |
25 |
|
|
|
Isleton |
13 |
|
|
|
North Sacramento |
10 |
|
|
|
Sacramento |
21 |
|
|
|
|
County percentage |
26 |
|
|
San Benito |
|
|
|
|
Hollister |
9 |
|
|
|
San Juan Bautista |
28 |
|
|
|
|
County percentage |
11 |
|
|
San Bernardino |
|
|
|
|
Barstow |
23 |
|
|
|
Chino |
14 |
|
|
|
Colton |
21 |
|
|
|
Fontana |
15 |
|
|
|
Needles |
33 |
|
|
|
Ontario |
20 |
|
|
|
Redlands |
28 |
|
|
|
Rialto |
15 |
|
|
|
San Bernardino |
20 |
|
|
|
Upland |
14 |
|
|
|
|
County percentage |
20 |
|
|
San Diego |
|
|
|
|
Carlsbad |
8 |
|
|
|
Chula Vista |
23 |
|
|
|
Coronado |
25 |
|
|
|
Del Mar |
8 |
|
|
|
El Cajon |
17 |
|
|
|
Escondido |
16 |
|
|
|
Imperial Beach |
8 |
|
|
|
La Mesa |
23 |
|
|
|
Lemon Grove |
8 |
|
|
|
National City |
14 |
|
|
|
Oceanside |
15 |
|
|
|
San Marcos |
8 |
|
|
|
Vista |
8 |
|
|
|
San Diego |
6 |
|
|
|
|
County percentage |
25 |
|
|
San Joaquin |
|
|
|
|
Lodi |
18 |
|
|
|
Manteca |
8 |
|
|
|
Ripon |
11 |
|
|
|
Stockton |
14 |
|
|
|
Tracy |
15 |
|
|
|
|
County percentage |
14 |
|
|
San Luis Obispo |
|
|
|
|
Arroyo Grande |
9 |
|
|
|
Paso Robles |
26 |
|
|
|
Pismo Beach |
8 |
|
|
|
San Luis Obispo |
21 |
|
|
|
|
County percentage |
16 |
|
|
San Mateo |
|
|
|
|
Atherton |
27 |
|
|
|
Belmont |
7 |
|
|
|
Burlingame |
38 |
|
|
|
Colma |
40 |
|
|
|
Daly City |
24 |
|
|
|
Hillsborough |
75 |
|
|
|
Menlo Park |
12 |
|
|
|
Millbrae |
16 |
|
|
|
Redwood City |
27 |
|
|
|
San Bruno |
13 |
|
|
|
San Carlos |
8 |
|
|
|
San Mateo |
42 |
|
|
|
South San Francisco |
12 |
|
|
|
|
County percentage |
21 |
|
|
Santa Barbara |
|
|
|
|
Guadalupe |
28 |
|
|
|
Lompoc |
16 |
|
|
|
Santa Barbara |
11 |
|
|
|
Santa Maria |
12 |
|
|
|
|
County percentage |
13 |
|
|
Santa Clara |
|
|
|
|
Alviso |
75 |
|
|
|
Campbell |
16 |
|
|
|
Gilroy |
28 |
|
|
|
Los Altos |
16 |
|
|
|
Los Gatos |
30 |
|
|
|
Morgan Hill |
11 |
|
|
|
Mountain View |
13 |
|
|
|
Palo Alto |
21 |
|
|
|
San Jose |
13 |
|
|
|
Santa Clara |
16 |
|
|
|
Sunnyvale |
26 |
|
|
|
|
County percentage |
16 |
|
|
Santa Cruz |
|
|
|
|
Capitola |
21 |
|
|
|
Santa Cruz |
23 |
|
|
|
Watsonville |
21 |
|
|
|
|
County percentage |
22 |
|
|
Shasta |
|
|
|
|
Redding |
22 |
|
|
|
|
County percentage |
22 |
|
|
Sierra |
|
|
|
|
Loyalton |
75 |
|
|
|
|
County percentage |
75 |
|
|
Siskiyou |
|
|
|
|
Dorris |
18 |
|
|
|
Dunsmuir |
29 |
|
|
|
Etna |
18 |
|
|
|
Fort Jones |
46 |
|
|
|
Montague |
75 |
|
|
|
Mount Shasta |
37 |
|
|
|
Tulelake |
33 |
|
|
|
Yreka |
30 |
|
|
|
|
County percentage |
29 |
|
|
Solano |
|
|
|
|
Benicia |
17 |
|
|
|
Dixon |
18 |
|
|
|
Fairfield |
18 |
|
|
|
Rio Vista |
19 |
|
|
|
Suisun |
7 |
|
|
|
Vacaville |
15 |
|
|
|
Vallejo |
18 |
|
|
|
|
County percentage |
19 |
|
|
Sonoma |
|
|
|
|
Cloverdale |
40 |
|
|
|
Cotati |
40 |
|
|
|
Healdsburg |
40 |
|
|
|
Petaluma |
24 |
|
|
|
Rohnert Park |
40 |
|
|
|
Santa Rosa |
40 |
|
|
|
Sebastopol |
40 |
|
|
|
Sonoma |
40 |
|
|
|
|
County percentage |
40 |
|
|
Stanislaus |
|
|
|
|
Ceres |
14 |
|
|
|
Modesto |
15 |
|
|
|
Newman |
10 |
|
|
|
Oakdale |
15 |
|
|
|
Patterson |
20 |
|
|
|
Riverbank |
18 |
|
|
|
Turlock |
19 |
|
|
|
|
County percentage |
15 |
|
|
Sutter |
|
|
|
|
Live Oak |
17 |
|
|
|
Yuba City |
17 |
|
|
|
|
County percentage |
17 |
|
|
Tehama |
|
|
|
|
Corning |
26 |
|
|
|
Red Bluff |
39 |
|
|
|
Tehama |
10 |
|
|
|
|
County percentage |
31 |
|
|
Tulare |
|
|
|
|
Dinuba |
21 |
|
|
|
Exeter |
23 |
|
|
|
Lindsay |
24 |
|
|
|
Porterville |
26 |
|
|
|
Tulare |
20 |
|
|
|
Visalia |
17 |
|
|
|
Woodlake |
15 |
|
|
|
|
County percentage |
21 |
|
|
Tuolumne |
|
|
|
|
Sonora |
23 |
|
|
|
|
County percentage |
23 |
|
|
Ventura |
|
|
|
|
Fillmore |
16 |
|
|
|
Ojai |
16 |
|
|
|
Oxnard |
16 |
|
|
|
Port Hueneme |
16 |
|
|
|
Santa Paula |
16 |
|
|
|
Ventura |
16 |
|
|
|
|
County percentage |
16 |
|
|
Yolo |
|
|
|
|
Davis |
22 |
|
|
|
Winters |
19 |
|
|
|
Woodland |
20 |
|
|
|
|
County percentage |
20 |
|
|
Yuba |
|
|
|
|
Marysville |
15 |
|
|
|
Wheatland |
38 |
|
|
|
|
County percentage |
15 |
With respect to any city arrest from a city which is not set forth in the above schedule, the county percentage shall apply. A county and city therein may, by mutual agreement, adjust these percentages. Where a county and a city have, prior to June 1, 1991, entered into an agreement to adjust the percentage specified in this section, or where a county and a city have entered into an agreement governing the distribution of revenue from parking penalties, those agreements shall remain in full force and effect until changed by mutual agreement.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 20, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.003
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.003. Repealed by Stats.1997, c. 850 (A.B.233), § 50
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.004
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.004. Total fines or forfeitures; calculations; omission of fund from system for calculating distributions
(a) If a sentencing judge specifies only the total fine or forfeiture, or if an automated case-processing system requires it, percentage calculations may be employed to establish the components of total fines or forfeitures, provided that the aggregate monthly distributions resulting from the calculations are the same as would be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100) in monthly distributions of total fines and forfeitures by a particular court for at least 11 months of each year, the court may omit that fund from the system for calculating distributions, and shall instead apply the distribution provided for by Section 1463.001.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 22, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.005
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.005. Counties receiving special supplemental suspension of vehicle license fee revenues; deposit of base fines
Notwithstanding Section 1463.001, in a county subject to Section 77202.5 of the Government Code, of base fines resulting from arrests not subject to allocation under paragraph (1) of subdivision (b) of Section 1463.001, by a California Highway Patrol Officer on state highways constructed as freeways within the city whereon city police officers enforced the provisions of the Vehicle Code on April 1, 1965, 25 percent shall be deposited in the treasury of the appropriate city, 75 percent shall be deposited in the proper funds of the county.
CREDIT(S)
(Added by Stats.1991, c. 1168 (A.B.2142), § 7.5, eff. Oct. 14, 1991. Amended by Stats.1997, c. 850 (A.B.233), § 51.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.006
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.006. Money deposited with the court payable to any person, or payable to the state or any other public agency; payment by warrant of county auditor; disposition of unclaimed funds
Any money deposited with the court or with the clerk thereof which, by order of the court or for any other reason, should be returned, in whole or in part, to any person, or which is by law payable to the state or to any other public agency, shall be paid to that person or to the state or to the other public agency by warrant of the county auditor, which shall be drawn upon the requisition of the clerk of the court.
All money deposited as bail which has not been claimed within one year after the final disposition of the case in which the money was deposited, or within one year after an order made by the court for the return or delivery of the money to any person, shall be apportioned between the city and the county and paid or transferred in the manner provided by statute for the apportionment and payment of fines and forfeitures. This paragraph controls over any conflicting provisions of law.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 23, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.007
Effective: July 1, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.007. Comprehensive collection program; delinquent fines and forfeitures
(a) Notwithstanding any other provision of law, any county or court that operates a comprehensive collection program may deduct the costs of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before any distribution of revenues to other governmental entities required by any other provision of law. Any county or court operating a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met:
(1) A defendant does not post bail or appear on or before the date on which he or she promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date.
(3) A defendant has failed to make an installment payment on the date specified by the court.
(c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria:
(1) The program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b) of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom the program has a phone number to inform them of their delinquent status and payment options.
(B) Notifies delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency.
(C) Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following activities:
(A) Sends delinquent debt to the Franchise Tax Board's Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when appropriate.
(D) Contracts with one or more private debt collectors to collect delinquent debt.
(E) Sends monthly bills or account statements to all delinquent debtors.
(F) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors.
(G) Coordinates with the probation department to locate debtors who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where appropriate.
(J) Places liens on real property owned by delinquent debtors when appropriate.
(K) Uses an automated dialer or automatic call distribution system to manage telephone calls.
(d) This section shall become operative on July 1, 2012.
CREDIT(S)
(Added by Stats.2010, c. 720 (S.B.857), § 31, operative July 1, 2012.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.008
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.008. Repealed by Stats.1993, c. 905 (A.B.1519), § 8, eff. Oct. 8, 1993, operative June 30, 1996
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.009
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.009. Allocation of bail forfeitures
Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a violation of Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7, and that are required to be deposited with the county treasurer shall be allocated according to the following priority:
(a) The county shall be reimbursed for reasonable administrative costs for the collection of the forfeited property, the maintenance and preservation of the property, and the distribution of the property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of up to 50 percent shall be distributed in the amount necessary to satisfy any civil court judgment in favor of a victim as a result of the offense or a restitution order due to a criminal conviction to a victim who was under 18 years of age at the time of the commission of the offense if the defendant is convicted under Section 261, 264.1, 286, 288, 288a, 288.5, or 289, and to a victim of any age if the defendant has been convicted of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited pursuant to Section 1463.
CREDIT(S)
(Added by Stats.1995, c. 882 (A.B.266), § 1. Amended by Stats.1997, c. 850 (A.B.233), § 53.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.01
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.01. Repealed by Stats.1997, c. 850 (A.B.233), § 55
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.010
Effective: January 1, 2009
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.010. Uniform imposition and enforcement of court-ordered debts; adoption of guidelines for program concerning collection of moneys owed; maintenance of collection program and development of cooperative program to implement Judicial Council guidelines; development of performance measures and benchmarks; joint collection programs; penalties; amnesty program
The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California's judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures, penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Administrative Office of the Courts are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level.
(b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties.
(c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report to the Legislature on December 31, 2009, and annually thereafter, on all of the following:
(1) The extent to which each court or county is following best practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection programs statewide.
(d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of his or her license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.
CREDIT(S)
(Added by Stats.1997, c. 850 (A.B.233), § 54. Amended by Stats.2003, c. 275 (S.B.940), § 3; Stats.2004, c. 183 (A.B.3082), § 272; Stats.2007, c. 132 (A.B.367), § 3; Stats.2008, c. 311 (S.B.1407), § 28.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.011
Effective: January 1, 2012
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.011. Restrictions on collection of court-ordered debt due to issuance of citation for truancy, loitering, curfew violations, or illegal lodging to homeless person under 25 years of age; homeless or no permanent address defined; other debt collection activities; duties of court; evidence no longer homeless
(a) Notwithstanding any other provision of law, if a court, during the course of its routine process to collect fees, fines, forfeitures, or other penalties imposed by a court due to a citation issued for the violation of a state or local law, obtains information indicating that a person under 25 years of age, who has been issued a citation for truancy, loitering, curfew violations, or illegal lodging that is outstanding or unpaid, is homeless or has no permanent address, the court shall not garnish the wages or levy against bank accounts of that person until that person is 25 years of age or older, as that age is recorded by that person's credit report or other document already in the possession of, or previously provided to, the court.
(b) For purposes of this section a person is considered to be “homeless” or as having “no permanent address” if that person does not have a fixed, regular, adequate nighttime residence, or has a primary nighttime residence that is one of the following:
(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, welfare hotels, congregate shelters, and transitional housing for the mentally ill.
(2) An institution that provides a temporary residence for individuals intended to be institutionalized.
(3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(c) Nothing in this section shall be construed to prevent a court from engaging in any other lawful debt collection activities.
(d) Nothing in this section shall be construed to require a court to perform any further investigation or financial screening into any matter beyond the scope of its regular duties.
(e) Nothing in this section shall be construed to prevent the Judicial Council from altering any best practices or recommendations for collection programs pursuant to Section 1463.010.
(f) Nothing in this section shall be construed to prevent a court from garnishing a person's wages or levying against a person's bank accounts if the court, subsequent to its initial determination that the person was a homeless youth exempt from wage garnishment or levy under this section, obtains evidence that the individual is no longer homeless.
CREDIT(S)
(Added by Stats.2011, c. 466 (A.B.1111), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.02
Effective: October 19, 2010
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.02. Task force to evaluate criminal and traffic-related court-ordered debts; composition; duties; documentation and recommendations
(a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court- ordered debts imposed against adult and juvenile offenders. The task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and Government Claims Board.
(7) One member appointed by the Department of Corrections and Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the Speaker of the Assembly.
(11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following:
(1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues.
(3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.
CREDIT(S)
(Added by Stats.2007, c. 132 (A.B.367), § 4. Amended by Stats.2010, c. 720 (S.B.857), § 32, eff. Oct. 19, 2010.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.03
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.03. Repealed by Stats.1991, c. 90 (A.B.1297), § 28, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.04
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.04. Winter Recreation Fund; deposits of fines and forfeitures
Notwithstanding Section 1463, out of the moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred once a month into the State Treasury to the credit of the Winter Recreation Fund an amount equal to 50 percent of all fines and forfeitures collected during the preceding month upon conviction or upon the forfeiture of bail from any person of any violation of Section 5091.15 of the Public Resources Code, and an amount equal to the remaining 50 percent shall be transferred to the county general fund and deposited in a special account which shall be used exclusively to pay for the cost of furthering the purposes of the California SNO-PARK Permit Program, including, but not limited to, the snow removal, maintenance, and development of designated parking areas.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 25, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.05
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.05, 1463.06. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 30, 31, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.06
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.05, 1463.06. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 30, 31, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.07
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.07. Administrative screening fee; citation processing fee
An administrative screening fee of twenty-five dollars ($25) shall be collected from each person arrested and released on his or her own recognizance upon conviction of any criminal offense related to the arrest other than an infraction. A citation processing fee in the amount of ten dollars ($10) shall be collected from each person cited and released by any peace officer in the field or at a jail facility upon conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear. However, the court may determine a lesser fee than otherwise provided in this subdivision upon a showing that the defendant is unable to pay the full amount. All fees collected pursuant to this subdivision shall be deposited by the county auditor in the general fund of the county. This subdivision applies only to convictions occurring on or after the effective date of the act adding this subdivision.
CREDIT(S)
(Added by Stats.1997, c. 850 (A.B.233), § 56.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.1
Effective: January 1, 2002
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.1. Bail receipts; deposit in bank; accounting
Notwithstanding any other provisions of law exceptSection 77009 of the Government Code, any trial court may elect, with prior approval of the Administrative Director of the Courts, to deposit in a bank account pursuant to Section 53679 of the Government Code, all moneys deposited as bail with the court, or with the clerk thereof.
All moneys received and disbursed through the bank account shall be properly and uniformly accounted for under any procedures the Controller may deem necessary. The Judicial Council may regulate the bank accounts, provided that its regulations are not inconsistent with those of the Controller.
CREDIT(S)
(Added by Stats.1953, c. 1808, p. 3591, § 1. Amended by Stats.1998, c. 931 (S.B.2139), § 421, eff. Sept. 28, 1998; Stats.2001, c. 812 (A.B.223), § 25.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.2
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.2 to 1463.4. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 32 to 34, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.3
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.2 to 1463.4. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 32 to 34, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.4
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.2 to 1463.4. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 32 to 34, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.5
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.5. Distribution of funds; fines; forfeitures and penalty assessments; determination upon basis of probability sampling
The distribution of funds required pursuant to Section 1463, and the distribution of assessments imposed and collected under Section 1464 and Section 42006 of the Vehicle Code, may be determined and made upon the basis of probability sampling. The sampling shall be procedural in nature and shall not substantively modify the distributions required pursuant to Sections 1463 and 1464 and Section 42006 of the Vehicle Code. The procedure for the sampling shall be prescribed by the county auditor and the procedure and its implementation shall be approved by the board of supervisors and a majority of the cities within a county. The reasonableness of the distribution shall be verified during the audit performed pursuant to Section 71383 of the Government Code.
CREDIT(S)
(Added by Stats.1972, c. 534, p. 926, § 1. Amended by Stats.1987, c. 828, § 96; Stats.1989, c. 897, § 40.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.5a
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.5a, 1463.6. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 35, 36, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.6
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§§ 1463.5a, 1463.6. Repealed by Stats.1991, c. 90 (A.B.1297), §§ 35, 36, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.7
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.7. Use of funds transferred to the regents of University of California
Funds transferred to the Regents of the University of California pursuant to Section 1462.3 may not be utilized to purchase land or to construct any parking facility. These funds shall be utilized for the development, enhancement, and operation of alternate methods of transportation of students and employees of the University of California and for the mitigation of the impact of off-campus student and employee parking in university communities.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 26, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.8
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.8. Repealed by Stats.1991, c. 90 (A.B.1297), § 38, eff. June 30, 1991
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.9
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.9. Fines and forfeitures from litter violations; disposition
Notwithstanding the provisions of Section 1463, 50 percent of all fines and forfeitures collected upon conviction, or upon forfeiture of bail, for violations of Section 13002 of the Health and Safety Code, Sections 23111 and 23112, and subdivision (a) of Section 23113 of the Vehicle Code, and Section 374.3 of this code shall be kept separate and apart from any other fines and forfeitures. These fines and forfeitures shall, as soon as practicable after their receipt, be deposited with the county treasurer of the county in which the court is situated and shall be distributed as prescribed in Section 1463, except that the money distributed to any county or city shall be expended only for litter cleanup activities within that city or county.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 27, eff. July 29, 1991.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.10
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.10. Sales of chemicals, drugs, laboratory apparatus or devices to process controlled substances; allocation of fines and forfeitures
Notwithstanding Section 1463, fines and forfeitures which are collected for a conviction of a violation of Section 11366.7 of the Health and Safety Code and which are required to be deposited with the county treasurer pursuant to Section 1463 shall be allocated as follows:
(a) To reimburse any local agency for the reasonable costs of the removal and disposal, or storage, of any chemical or drug, or any laboratory apparatus or device, sold by a person convicted under Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be deposited by the county treasurer pursuant to Section 1463.
CREDIT(S)
(Added by Stats.1994, c. 979 (S.B.937), § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.11
Effective:[See Text Amendments]
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.11. Steady red circular or arrow signals; lane use control signals; illuminated flashing red traffic signal; deposit of fines for violations
Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (a) or (c) of Section 21453 of, subdivision (c) of Section 21454 of, or subdivision (a) of Section 21457 of, the Vehicle Code, and which are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows:
(a) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred.
(b) The balance of the amount collected shall be deposited by the county treasurer under Sections 1463 and 1464.
CREDIT(S)
(Added by Stats.1997, c. 852 (A.B.1191), § 2.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.12
Effective: January 1, 2006
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.12. Use of moneys collected for railroad grade crossing violations
Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (c) of Section 21752or Section 22450 of the Vehicle Code, involving railroad grade crossings, or Section 22451,22452, or subdivision (c) of Section 22526 of the Vehicle Code, and that are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows:
(a) If the offense occurred in an area where a transit district or transportation commission or authority established under Division 12 (commencing with Section 130000) of the Public Utilities Code provides rail transportation, the first 30 percent of the amount collected shall be allocated to the general fund of that transit district or transportation commission or authority to be used only for public safety and public education purposes relating to railroad grade crossings.
(b) If there is no transit district or transportation commission or authority providing rail transportation in the area where the offense occurred, the first 30 percent of the amount collected shall be allocated to the general fund of the county in which the offense occurred, to be used only for public safety and public education purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or a county that is allocated funds pursuant to subdivision (a) or (b) shall provide public safety and public education relating to railroad grade crossings only to the extent that those purposes are funded by the allocations provided pursuant to subdivision (a) or (b).
CREDIT(S)
(Added by Stats.1999, c. 841 (A.B.923), § 2. Amended by Stats.2005, c. 716 (A.B.1067), § 4.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.13
Effective: January 1, 2001
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.13. Alcohol and drug problem assessment program; conviction of crime involving substance abuse; program criteria
(a) Each county may develop, implement, operate, and administer an alcohol and drug problem assessment program for persons convicted of a crime in which the court finds that alcohol or substance abuse was substantially involved in the commission of the crime. This program may be operated in coordination with the program developed under Article 6 (commencing with Section 23645) of Chapter 4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section shall include a face-to-face interview with each program participant.
(2) No person convicted of driving under the influence of alcohol or a controlled substance or a related offense shall participate in any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on each person who participates in the program. The report may be used to determine the appropriate sentence for the person. The report shall be submitted to the court within 14 days of the completion of the assessment.
(c) In any county in which the county operates an alcohol and drug problem assessment program under this section, a court may order any person convicted of a crime that involved the use of drugs or alcohol, including any person who is found to have been under the influence of drugs or alcohol during the commission of the crime, to participate in the assessment program.
(d) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, there shall be levied an assessment of not more than one hundred fifty dollars ($150) upon every fine, penalty, or forfeiture imposed and collected by the courts for a public offense wherein the court orders the offender to participate in a county alcohol and drug problem assessment program. The assessment shall only be levied in a county upon the adoption of a resolution by the board of supervisors of the county making that county subject to this section.
(e) The court shall determine if the defendant has the ability to pay the assessment. If the court determines that the defendant has the ability to pay the assessment then the court may set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner which the court determines is reasonable and compatible with the defendant's financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in victim restitution.
(f) Notwithstanding Section 1463 or 1464 of the Penal Code or any other provision of law, all moneys collected pursuant to this section shall be deposited in a special account in the county treasury and shall be used exclusively to pay for the costs of developing, implementing, operating, maintaining, and evaluating alcohol and drug problem assessment and monitoring programs.
(g) On January 15 of each year, the treasurer of each county that administers an alcohol and drug problem assessment and monitoring program shall determine those moneys in the special account which were not expended during the preceding fiscal year, and shall transfer those moneys to the general fund of the county.
CREDIT(S)
(Added by Stats.2000, c. 165 (S.B.1386), § 1.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.14
Effective: January 1, 2008
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases (Refs & Annos)
Chapter 1. Proceedings in Misdemeanor and Infraction Cases (Refs & Annos)
§ 1463.14. Reckless driving, driving under the influence of alcohol or drugs, or combined influence; fines; use and transfer of funds; additional penalties
(a) Notwithstanding the provisions of Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105,23152, or 23153 of the Vehicle Code shall be deposited in a special account that shall be used exclusively to pay for the cost of performing for the county, or a city or special district within the county, analysis of blood, breath or urine for alcohol content or for the presence of drugs, or for services related to that testing. The sum shall not exceed the reasonable cost of providing the services for which the sum is intended.
On November 1 of each year, the treasurer of each county shall determine those moneys in the special account that were not expended during the preceding fiscal year, and shall transfer those moneys into the general fund of the county. The board of supervisors may, by resolution, assign the treasurer's duty to determine the amount of money that was not expended to the auditor or another county officer. The county may retain an amount of that money equal to its administrative cost incurred pursuant to this section, and shall distribute the remainder pursuant to Section 1463. If the account becomes exhausted, the public entity ordering a test performed pursuant to this subdivision shall bear the costs of the test.
(b) The board of supervisors of a county may, by resolution, authorize an additional penalty upon each defendant convicted of a violation of Section 23152 or 23153 of the Vehicle Code, of an amount equal to the cost of testing for alcohol content, less the fifty dollars ($50) deposited as provided in subdivision (a). The additional penalty authorized by this subdivision shall be imposed only in those instances where the defendant has the ability to pay, but in no case shall the defendant be ordered to pay a penalty in excess of fifty dollars ($50). The penalty authorized shall be deposited directly with the county, or city or special district within the county, that performed the test, in the special account described in subdivision (a), and shall not be the basis for an additional assessment pursuant to Section 1464 , or Chapter 12 (commencing with Section 76010) of Title 8 of the Government Code.
For purposes of this subdivision, “ability to pay” means the overall capability of the defendant to pay the additional penalty authorized by this subdivision, taking into consideration all of the following:
(1) Present financial obligations, including family support obligations, and fines, penalties, and other obligations to the court.
(2) Reasonably discernible future financial position over the next 12 months.
(3) Any other factor or factors that may bear upon the defendant's financial ability to pay the additional penalty.
(c) The Department of Justice shall promulgate rules and regulations to implement the provisions of this section.
CREDIT(S)
(Added by Stats.1991, c. 189 (A.B.544), § 28, eff. July 29, 1991. Amended by Stats.1995, c. 9 (A.B.129), § 1; Stats.1995, c. 318 (A.B.1075), § 1; Stats.2005, c. 158 (S.B.966), § 27; Stats.2007, c. 682 (A.B.430), § 5.)
Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.
West's Ann.Cal.Penal Code § 1463.15
Effective: January 1, 2004
West's Annotated California Codes Currentness
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 11. Procee