reglab/housing_qa huggingface dataset:
CA Penal Code § 859 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 859.

859.  When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in which the felony is triable, he or she shall, without unnecessary delay, be taken before a magistrate of the court in which the complaint is on file. The magistrate shall immediately deliver to the defendant a copy of the complaint, inform the defendant that he or she has the right to have the assistance of counsel, ask the defendant if he or she desires the assistance of counsel, and allow the defendant reasonable time to send for counsel. However, in a capital case, the court shall inform the defendant that the defendant must be represented in court by counsel at all stages of the preliminary and trial proceedings and that the representation will be at the defendant’s expense if the defendant is able to employ counsel or at public expense if he or she is unable to employ counsel, inquire of him or her whether he or she is able to employ counsel and, if so, whether the defendant desires to employ counsel of the defendant’s choice or to have counsel assigned for him or her, and allow the defendant a reasonable time to send for his or her chosen or assigned counsel. If the defendant desires and is unable to employ counsel, the court shall assign counsel to defend him or her; in a capital case, if the defendant is able to employ counsel and either refuses to employ counsel or appears without counsel after having had a reasonable time to employ counsel, the court shall assign counsel to defend him or her. If it appears that the defendant may be a minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that the defendant is a minor, he or she shall immediately either notify the parent or guardian of the minor, by telephone or messenger, of the arrest, or appoint counsel to represent the minor.(Amended by Stats. 1998, Ch. 931, Sec. 368. Effective September 28, 1998. Note: This section was added on June 5, 1990, by initiative Prop. 115.)
CA Penal Code § 859.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 859.1.

859.1.  (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16 years, or a dependent person with a substantial cognitive impairment, as defined in paragraph (3) of subdivision (f) of Section 288, the court shall, upon motion of the prosecuting attorney, conduct a hearing to determine whether the testimony of, and testimony relating to, a minor or dependent person shall be closed to the public in order to protect the minor’s or the dependent person’s reputation.(b) In making this determination, the court shall consider all of the following:(1) The nature and seriousness of the offense.(2) The age of the minor, or the level of cognitive development of the dependent person.(3) The extent to which the size of the community would preclude the anonymity of the victim.(4) The likelihood of public opprobrium due to the status of the victim.(5) Whether there is an overriding public interest in having an open hearing.(6) Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during that proceeding, and demonstrated a substantial probability that the disclosure of his or her identity would cause serious harm to the witness.(7) Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means.(8) Other factors the court may deem necessary to protect the interests of justice.(Amended by Stats. 2004, Ch. 823, Sec. 11. Effective January 1, 2005.)
CA Penal Code § 859a (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 859a.

859a.  (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read the complaint to the defendant and ask him or her whether he or she pleads guilty or not guilty to the offense charged therein and to a previous conviction or convictions of crime if charged. While the charge remains pending before the magistrate and when the defendant’s counsel is present, the defendant may plead guilty to the offense charged, or, with the consent of the magistrate and the district attorney or other counsel for the people, plead nolo contendere to the offense charged or plead guilty or nolo contendere to any other offense the commission of which is necessarily included in that with which he or she is charged, or to an attempt to commit the offense charged and to the previous conviction or convictions of crime if charged upon a plea of guilty or nolo contendere. The magistrate may then fix a reasonable bail as provided by this code, and upon failure to deposit the bail or surety, shall immediately commit the defendant to the sheriff. Upon accepting the plea of guilty or nolo contendere the magistrate shall certify the case, including a copy of all proceedings therein and any testimony that in his or her discretion he or she may require to be taken, to the court in which judgment is to be pronounced at the time specified under subdivision (b), and thereupon the proceedings shall be had as if the defendant had pleaded guilty in that court. This subdivision shall not be construed to authorize the receiving of a plea of guilty or nolo contendere from any defendant not represented by counsel. If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered.(b) Notwithstanding Section 1191 or 1203, the magistrate shall, upon the receipt of a plea of guilty or nolo contendere and upon the performance of the other duties of the magistrate under this section, immediately appoint a time for pronouncing judgment in the superior court and refer the case to the probation officer if eligible for probation, as prescribed in Section 1191.(Amended by Stats. 2002, Ch. 784, Sec. 533. Effective January 1, 2003.)
CA Penal Code § 859c (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 859c.

859c.  Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.(Added by Stats. 1998, Ch. 931, Sec. 370. Effective September 28, 1998.)
CA Penal Code § 860 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 860.

860.  At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to which the defendant has not pleaded guilty in accordance with Section 859a of this code, then, if the defendant requires the aid of counsel, the magistrate must allow the defendant a reasonable time to send for counsel, and may postpone the examination for not less than two nor more than five days for that purpose. The magistrate must, immediately after the appearance of counsel, or if, after waiting a reasonable time therefor, none appears, proceed to examine the case; provided, however, that a defendant represented by counsel may when brought before the magistrate as provided in Section 858 or at any time subsequent thereto, waive the right to an examination before such magistrate, and thereupon it shall be the duty of the magistrate to make an order holding the defendant to answer, and it shall be the duty of the district attorney within 15 days thereafter, to file in the superior court of the county in which the offense is triable the information; provided, further, however, that nothing contained herein shall prevent the district attorney nor the magistrate from requiring that an examination be held as provided in this chapter.(Amended by Stats. 1998, Ch. 931, Sec. 371. Effective September 28, 1998.)
CA Penal Code § 861 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 861.

861.  (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit, postpones it. The postponement shall not be for more than 10 court days, unless either of the following occur:(1) The defendant personally waives his or her right to a continuous preliminary examination.(2) The prosecution establishes good cause for a postponement beyond the 10-court-day period. If the magistrate postpones the preliminary examination beyond the 10-court-day period, and the defendant is in custody, the defendant shall be released pursuant to subdivision (b) of Section 859b.(b) The preliminary examination shall not be postponed beyond 60 days from the date the motion to postpone the examination is granted, unless by consent or on motion of the defendant.(c) Nothing in this section shall preclude the magistrate from interrupting the preliminary examination to conduct brief court matters so long as a substantial majority of the court’s time is devoted to the preliminary examination.(d) A request for a continuance of the preliminary examination that is made by the defendant or his or her attorney of record for the purpose of filing a motion pursuant to paragraph (2) of subdivision (f) of Section 1538.5 shall be deemed a personal waiver of the defendant’s right to a continuous preliminary examination.(Amended by Stats. 1997, Ch. 279, Sec. 2. Effective January 1, 1998.)
CA Penal Code § 861.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 861.5.

861.5.  Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288.The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness’ next appearance in the preliminary examination.(Amended by Stats. 2005, Ch. 279, Sec. 7. Effective January 1, 2006.)
CA Penal Code § 862 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 862.

862.  If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this Code, as security for his appearance at the time to which the examination is postponed.(Enacted 1872.)
CA Penal Code § 863 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 863.

863.  The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within named A. B. having been brought before me under this warrant, is committed for examination to the Sheriff of ____.” If the Sheriff is not present, the defendant may be committed to the custody of a peace officer.(Enacted 1872.)
CA Penal Code § 864 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 864.

864.  At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.(Amended by Stats. 1963, Ch. 1174.)
CA Penal Code § 865 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 865.

865.  The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.(Enacted 1872.)
CA Penal Code § 866 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 866.

866.  (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined.Upon the request of the prosecuting attorney, the magistrate shall require an offer of proof from the defense as to the testimony expected from the witness. The magistrate shall not permit the testimony of any defense witness unless the offer of proof discloses to the satisfaction of the magistrate, in his or her sound discretion, that the testimony of that witness, if believed, would be reasonably likely to establish an affirmative defense, negate an element of a crime charged, or impeach the testimony of a prosecution witness or the statement of a declarant testified to by a prosecution witness.(b) It is the purpose of a preliminary examination to establish whether there exists probable cause to believe that the defendant has committed a felony. The examination shall not be used for purposes of discovery.(c) This section shall not be construed to compel or authorize the taking of depositions of witnesses.(Amended June 5, 1990, by initiative Proposition 115, Sec. 16.)
CA Penal Code § 866.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 866.5.

866.5.  The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advised at such examination of his right to aid of counsel.(Added by Stats. 1953, Ch. 1482.)
CA Penal Code § 867 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 867.

867.  While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined.The magistrate shall also order the witnesses not to converse with each other until they are all examined. The magistrate may also order, where feasible, that the witnesses be kept separated from each other until they are all examined. This section does not apply to the investigating officer or the investigator for the defendant, nor does it apply to officers having custody of persons brought before the magistrate.Either party may challenge the exclusion of any person under this section. Upon motion of either party, the magistrate shall hold a hearing, on the record, to determine if the person sought to be excluded is, in fact, a person excludable under this section.(Amended by Stats. 1986, Ch. 868, Sec. 1.)
CA Penal Code § 868 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 868.

868.  The examination shall be open and public. However, upon the request of the defendant and a finding by the magistrate that exclusion of the public is necessary in order to protect the defendant’s right to a fair and impartial trial, the magistrate shall exclude from the examination every person except the clerk, court reporter and bailiff, the prosecutor and his or her counsel, the Attorney General, the district attorney of the county, the investigating officer, the officer having custody of a prisoner witness while the prisoner is testifying, the defendant and his or her counsel, the officer having the defendant in custody, and a person chosen by the prosecuting witness who is not himself or herself a witness but who is present to provide the prosecuting witness moral support, provided that the person so chosen shall not discuss prior to or during the preliminary examination the testimony of the prosecuting witness with any person, other than the prosecuting witness, who is a witness in the examination. Upon motion of the prosecution, members of the alleged victim’s family shall be entitled to be present and seated during the examination. The court shall grant the motion unless the magistrate finds that the exclusion is necessary to protect the defendant’s right to a fair and impartial trial, or unless information provided by the defendant or noticed by the court establishes that there is a reasonable likelihood that the attendance of members of the alleged victim’s family poses a risk of affecting the content of the testimony of the victim or any other witness. The court shall admonish members of the alleged victim’s family who are present and seated during the examination not to discuss any testimony with family members, witnesses, or the public. Nothing in this section shall affect the exclusion of witnesses as provided in Section 867 of the Penal Code.For purposes of this section, members of the alleged victim’s family shall include the alleged victim’s spouse, parents, legal guardian, children, or siblings.(Amended by Stats. 1988, Ch. 277, Sec. 2.)
CA Penal Code § 868.6 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 868.6.

868.6.  (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable them to speak freely and accurately of the experiences that are the subject of judicial inquiry.(b) Each county is encouraged to provide a room, located within, or within a reasonable distance from, the courthouse, for the use of minors under the age of 16. Should any such room reach full occupancy, preference shall be given to minors under the age of 16 whose appearance has been subpoenaed by the court. The room may be multipurpose in character. The county may seek the assistance of civic groups in the furnishing of the room and the provision of volunteers to aid in its operation and maintenance. If a county newly constructs, substantially remodels or refurbishes any courthouse or facility used as a courthouse on or after January 1, 1988, that courthouse or facility shall contain the room described in this subdivision.(Added by Stats. 1986, Ch. 976, Sec. 1.)
CA Penal Code § 868.7 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 868.7.

868.7.  (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness:(1) Who is a minor or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.(Amended by Stats. 2009, Ch. 88, Sec. 73. (AB 176) Effective January 1, 2010.)
CA Penal Code § 868.8 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE|CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer|Section 868.8.

868.8.  Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of subdivision (b) of Section 209, Section 220, 236.1, 243.4, 261, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, or 289, subdivision (1) of Section 314, Section 422, 646.9, 647.6, or former Section 288a or 647a, or any crime that constitutes domestic violence defined in Section 13700, committed with or upon a person with a disability or a minor under 11 years of age, the court shall take special precautions to provide for the comfort and support of the person with a disability or minor and to protect him or her from coercion, intimidation, or undue influence as a witness, including, but not limited to, any of the following:(a) In the court’s discretion, the witness may be allowed 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 or child witness retires from the courtroom.(b) Notwithstanding Section 68110 of the Government Code, in his or her discretion, the judge may remove his or her robe if the judge believes that this formal attire intimidates the person with a disability or the minor.(c) In the court’s discretion 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 or the child witness.(d) In the court’s discretion, the taking of the testimony of the person with a disability or the minor may be limited to normal school hours if there is no good cause to take the testimony of the person with a disability or the minor during other hours.(e) For the purposes of this section, the term “disability” is defined in subdivision (j) of Section 12926 of the Government Code.(Amended by Stats. 2018, Ch. 423, Sec. 81. (SB 1494) Effective January 1, 2019.)