reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5B - Interstate Jurisdiction › ARTICLE 1 - Colorado River Crime Enforcement Compact › Section 853.2.

853.2. (a) All courts and officers now or hereafter having and exercising jurisdiction in any county which is now or may hereafter be formed in any part of this state bordering upon the Colorado River, or any lake formed by, or which is a part of, the Colorado River, shall have and exercise jurisdiction in all criminal cases upon those waters concurrently with the courts of and officers of the State of Arizona, so far and to the extent that any of these bodies of water form a common boundary between this state and the State of Arizona. In addition, the officers shall have concurrent jurisdiction with the officers of the State of Arizona on any land mass within 25 air miles of the Colorado River, or within 25 air miles of any lake formed by, or that is a part of, the Colorado River.
(b) This section applies only to those crimes which are established in common between the States of Arizona and California; and an acquittal or conviction and sentence by one state shall bar a prosecution for the same act or omission by the other.
(c) This compact shall not be construed to bar the enforcement of the penal laws of either state not established in common with the other, provided that the act or omission proscribed occurs on that state’s side of the river channel boundary.
(d) This compact does not apply to Division 3.5 (commencing with Section 9840) of the Vehicle Code, relating to registration of vessels, or to Section 658.7 of the Harbors and Navigation Code, relating to the display of a ski flag.
(Amended by Stats. 1994, Ch. 348, Sec. 1. Effective January 1, 1995. Note: This section constitutes the primary text of the Colorado River Crime Enforcement Compact. Section 853.1 provides for ratification, operation, and amendment of the compact.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5B - Interstate Jurisdiction › ARTICLE 2 - California-Nevada Compact for Jurisdiction on Interstate Waters › Section 853.3.

853.3. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State of California hereby ratifies the California-Nevada Compact for Jurisdiction on Interstate Waters as set forth in Section 853.4.
(b) The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed.
(c) The Legislature intends that a person arrested for an act that is illegal in both states should not be freed merely because neither state could establish that a crime was committed within its boundaries.
(d) The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for the enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada.
(Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5B - Interstate Jurisdiction › ARTICLE 2 - California-Nevada Compact for Jurisdiction on Interstate Waters › Section 853.4.

853.4. (a) As used in this compact, unless the context otherwise requires, “party state” means a state that has enacted this compact.
(b) If conduct is prohibited by the party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where Lake Tahoe or Topaz Lake forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute, and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states.
(c) This section applies only to those crimes that are established in common between the States of Nevada and California, and an acquittal or conviction and sentence by one state shall bar a prosecution for the same act or omission by the other.
(d) This compact does not authorize any conduct prohibited by a party state.
(e) This compact shall become operative when ratified by law by the party states and shall remain in full force and effect so long as the provisions of this compact, as ratified by the State of Nevada, remain substantively the same as the provisions of this compact, as ratified by this section. This compact may be amended in the same manner as is required for it to become operative.
(Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996. [Note: This section constitutes the primary text of the California-Nevada Compact for Jurisdiction on Interstate Waters, with subd. (e) providing for its operation and amendment. Section 853.3 provides for ratification of the compact.])
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5C - Citations for Misdemeanors › Section 853.6a.

853.6a. (a) Except as provided in subdivision (b), if the person arrested appears to be under the age of 18 years, and the arrest is for a violation listed in Section 256 of the Welfare and Institutions Code, other than an offense involving a firearm, the notice under Section 853.6 shall instead provide that the person shall appear before the juvenile court, a juvenile court referee, or a juvenile hearing officer within the county in which the offense charged is alleged to have been committed, and the officer shall instead, as soon as practicable, file the duplicate notice with the prosecuting attorney unless the prosecuting attorney directs the officer to file the duplicate notice with the clerk of the juvenile court, the juvenile court referee, or the juvenile hearing officer. If the notice is filed with the prosecuting attorney, within 48 hours before the date specified on the notice to appear, the prosecutor, within his or her discretion, may initiate proceedings by filing the notice or a formal petition with the clerk of the juvenile court, or the juvenile court referee or juvenile hearing officer, before whom the person is required to appear by the notice.
(b) A juvenile court may exercise the option of not requiring a mandatory appearance of the juvenile before the court for infractions contained in the Vehicle Code, except those related to drivers’ licenses as specified in Division 6 (commencing with Section 12500), those related to financial responsibility as specified in Division 7 (commencing with Section 16000), those related to speeding violations as specified in Division 11 (commencing with Section 21000) in which the speed limit was violated by 15 or more miles per hour, and those involving the use or possession of alcoholic beverages as specified in Division 11.5 (commencing with Section 23500).
(c) In counties where an Expedited Youth Accountability Program is operative, as established under Section 660.5 of the Welfare and Institutions Code, a peace officer may issue a citation and written promise to appear in juvenile court or record the minor’s refusal to sign the promise to appear and serve notice to appear in juvenile court, according to the requirements and procedures provided in that section.
(d) This section may not be construed to limit the discretion of a peace officer or other person with the authority to enforce laws pertaining to juveniles to take the minor into custody pursuant to Article 15 (commencing with Section 625) of the Welfare and Institutions Code.
(Amended by Stats. 2003, Ch. 149, Sec. 68. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5C - Citations for Misdemeanors › Section 853.7.

853.7. Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.
(Amended by Stats. 1988, Ch. 403, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5C - Citations for Misdemeanors › Section 853.7a.

853.7a. (a) In addition to the fees authorized or required by any other provision of law, a county may, by resolution of the board of supervisors, require the courts of that county to impose an assessment of fifteen dollars ($15) upon every person who violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or who otherwise fails to comply with any valid court order for a violation of any provision of this code or local ordinance adopted pursuant to this code. This assessment shall apply whether or not a violation of Section 853.7 is concurrently charged or a warrant of arrest is issued pursuant to Section 853.8.
(b) The clerk of the court shall deposit the amounts collected under this section in the county treasury. All money so deposited shall be used first for the development and operation of an automated county warrant system. If sufficient funds are available after appropriate expenditures to develop, modernize, and maintain the automated warrant system, a county may use the balance to fund a warrant service task force for the purpose of serving all bench warrants within the county.
(Amended by Stats. 2002, Ch. 148, Sec. 1. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5C - Citations for Misdemeanors › Section 853.8.

853.8. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or within 20 days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear.
(Amended by Stats. 1988, Ch. 403, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5C - Citations for Misdemeanors › Section 853.85.

853.85. This chapter shall not apply in any case where a person is arrested for an offense declared to be a felony.
(Added by Stats. 1992, Ch. 1009, Sec. 1. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 5D - Filing Complaint After Citation › Section 853.9.

853.9. (a) (1) If written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to Section 853.6, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or “nolo contendere.”
(2) If the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.
(b) Notwithstanding subdivision (a), if the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.
(c) If the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.
(Amended by Stats. 2016, Ch. 19, Sec. 1. (AB 1927) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 6 - Retaking After an Escape or Rescue › Section 854.

854. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the State.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 6 - Retaking After an Escape or Rescue › Section 855.

855. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, if, after notice of his intention, he is refused admittance.
(Enacted 1872.)
2023 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 858.

858. (a) When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the charge against him or her, and of his or her right to the aid of counsel in every stage of the proceedings.
(b) 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, and unless the defendant is a member of the Armed Forces of the United States and the offense charged is a misdemeanor, he or she shall immediately either notify the parent or guardian of the minor of the arrest or appoint counsel to represent the minor.
(c) For the purposes of this section, the Judicial Council shall revise its military service form to include information explaining the rights under Section 1170.9 and related statutes of individuals who have active duty or veteran status and shall include a space for the local court to provide the contact information for the county veterans service office. For purposes of this section, “active duty or veteran status” includes active military duty service, reserve duty status, national guard service, and veteran status.
(d) The court shall inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. The court shall inform the defendant that if the defendant is on active duty in the United States military, or is a veteran of the United States military, the defendant may request a copy of the Judicial Council military form that explains those rights and may file that form with the court so that the defendant’s active duty or veteran status is on file with the court. The court shall advise the defendant that the defendant should consult with counsel prior to submitting the form and that the defendant may, without penalty, decline to provide this information to the court.
(e) If the defendant acknowledges active duty or veteran status and submits the Judicial Council military service form to the court, the defendant shall file the form with the court and serve the form on the prosecuting attorney and defense counsel. The form may be used to assist in determining eligibility for services pursuant to Section 1170.9. The court shall transmit a copy of the form to the county veterans service officer for confirmation of the defendant’s military service. The court shall also transmit a copy of the form to the Department of Veterans Affairs.
(Amended by Stats. 2014, Ch. 655, Sec. 1. (SB 1110) Effective January 1, 2015.)
2023 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 858.5.

858.5. (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor Vehicle Code violation, the magistrate shall give such instructions to the defendant as required by law and inform the defendant of his rights under this section, and, if the defendant desires to plead guilty or nolo contendere to the charge in the complaint, he may so advise the magistrate. If the magistrate determines that such plea would be in the interest of justice, he shall direct the defendant to appear before a specified appropriate court in the county in which defendant has been arrested at a designated certain time, which in no case shall be more than 10 calendar days from the date of arrest, for plea and sentencing. The magistrate shall request the court in which the complaint has been filed to transmit a certified copy of the complaint and any citation and any factual report which may have been prepared by the law enforcement agency that investigated the case to the court in which defendant is to appear for plea and sentencing. If the court of which the request is made deems such action to be in the interest of justice, and the district attorney of the county in which that court sits, after notice from the court of the request it has received, does not object to such action, the court shall immediately transmit a certified copy of the complaint and the report of the law enforcement agency that investigated the case, and, if not, shall advise the requesting magistrate of its decision not to take such action.
When defendant appears for plea and sentencing, and if a copy of the complaint has been transmitted, the court shall read the copy of the complaint to him, and the defendant may plead guilty or nolo contendere. Such court shall have jurisdiction to accept the plea and impose a sentence. Such court shall notify the court in which the complaint was originally filed of the disposition of the case. If defendant does not plead guilty or nolo contendere, or if transmittal of a copy of the complaint has been refused or if a copy of the complaint has not been received, the court shall terminate the proceedings under this section and shall direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a certain day which in no case shall be more than five days after the date such direction is made.
(b) Any fines imposed by a court which is given authority to sentence pursuant to this section shall be remitted to the court in which the complaint was originally filed for disposition as required by law. The county of the sentencing court shall bear all costs incurred incident to acceptance of the plea and sentencing, and no part of such costs shall be deducted from the fine remitted to the court in which the complaint was filed.
(Added by Stats. 1965, Ch. 947.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 870.

870. The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper court; and shall not permit them to be examined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the Attorney General, district attorney, or other prosecuting attorney, and the defendant and his or her counsel; provided however, upon demand by the defendant or his or her attorney the magistrate shall order a transcript of the depositions taken on the information, or on the examination, to be immediately furnished the defendant or his or her attorney, after the commitment of the defendant as provided by Sections 876 and 877, and the reporter furnishing the depositions, shall receive compensation in accordance with Section 869.
(Amended by Stats. 2002, Ch. 784, Sec. 535. Effective January 1, 2003.)
2023 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 871.

871. If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate shall order the complaint dismissed and the defendant to be discharged, by an indorsement on the depositions and statement, signed by the magistrate, to the following effect: “There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order that the complaint be dismissed and that he or she shall be discharged.”
(Amended by Stats. 1980, Ch. 938, Sec. 3.)
2023 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 871.6.

871.6. If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or continues the preliminary hearing without good cause and good cause is required by law for such a continuance, the people or the defendant may file a petition for writ of mandate or prohibition in the superior court seeking immediate appellate review of the ruling setting the hearing or granting the continuance. Such a petition shall have precedence over all other cases in the court to which the petition is assigned. If the superior court grants a peremptory writ, it shall issue the writ and a remittitur three court days after its decision becomes final as to the court if this action is necessary to prevent mootness or to prevent frustration of the relief granted, notwithstanding the rights of the parties to seek review in a court of appeal. When the superior court issues the writ and remittitur as provided in this section, the writ shall command the magistrate to proceed with the preliminary hearing without further delay, other than that reasonably necessary for the parties to obtain the attendance of their witnesses.
The court of appeal may stay or recall the issuance of the writ and remittitur. The failure of the court of appeal to stay or recall the issuance of the writ and remittitur shall not deprive the parties of any right they would otherwise have to appellate review or extraordinary relief.
(Added June 5, 1990, by initiative Proposition 115, Sec. 17.)