reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1016.7.

1016.7. (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense:
(1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(2) The person is a youth, or was a youth at the time of the commission of the offense.
(3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
(b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed.
(Added by Stats. 2021, Ch. 695, Sec. 4. (AB 124) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1016.8.

1016.8. (a) The Legislature finds and declares all of the following:
(1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general rule, plea agreements are deemed to incorporate the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy. That the parties enter into a plea agreement does not have the effect of insulating them from changes in the law that the Legislature has intended to apply to them.
(2) In Boykin v. Alabama (1969) 395 U.S. 238, the United States Supreme Court held that because of the significant constitutional rights at stake in entering a guilty plea, due process requires that a defendant’s guilty plea be knowing, intelligent, and voluntary.
(3) Waiver is the voluntary, intelligent, and intentional relinquishment of a known right or privilege (Estelle v. Smith (1981) 451 U.S. 454, 471, fn. 16, quoting Johnson v. Zerbst (1938) 304 U.S. 458, 464). Waiver requires knowledge that the right exists (Taylor v. U.S. (1973) 414 U.S. 17, 19).
(4) A plea bargain that requires a defendant to generally waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may occur after the date of the plea is not knowing and intelligent.
(b) A provision of a plea bargain that requires a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy.
(c) For purposes of this section, “plea bargain” has the same meaning as defined in subdivision (b) of Section 1192.7.
(Added by Stats. 2019, Ch. 586, Sec. 1. (AB 1618) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1017.

1017. Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by the official reporter if one is present. All pleas of guilty or nolo contendere to misdemeanors or felonies shall be oral or in writing. The plea, whether oral or in writing, shall be in substantially the following form:
1. If the defendant plead guilty: “The defendant pleads that he or she is guilty of the offense charged.”
2. If he or she plead not guilty: “The defendant pleads that he or she is not guilty of the offense charged.”
3. If he or she plead a former conviction or acquittal: “The defendant pleads that he or she has already been convicted (or acquitted) of the offense charged, by the judgment of the court of ____ (naming it), rendered at ____ (naming the place), on the ____ day of ____.”
4. If he or she plead once in jeopardy: “The defendant pleads that he or she has been once in jeopardy for the offense charged (specifying the time, place, and court).”
5. If he or she plead not guilty by reason of insanity: “The defendant pleads that he or she is not guilty of the offense charged because he or she was insane at the time that he or she is alleged to have committed the unlawful act.”
(Amended by Stats. 1990, Ch. 632, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1018.

1018. Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall that plea be received without the consent of the defendant’s counsel. No plea of guilty of a felony for which the maximum punishment is not death or life imprisonment without the possibility of parole shall be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him or her of the right to counsel and unless the court shall find that the defendant understands the right to counsel and freely waives it, and then only if the defendant has expressly stated in open court, to the court, that he or she does not wish to be represented by counsel. On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Upon indictment or information against a corporation a plea of guilty may be put in by counsel. This section shall be liberally construed to effect these objects and to promote justice.
(Amended by Stats. 1991, Ch. 421, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1019.

1019. The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to which an answer is required by Section 1025.
(Amended by Stats. 1951, Ch. 1674.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1020.

1020. All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty.
(Amended by Stats. 1968, Ch. 122.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1021.

1021. If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
(Amended by Stats. 1951, Ch. 1674.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1022.

1022. Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory pleading on which the trial was had.
(Amended by Stats. 1951, Ch. 1674.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1023.

1023. When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar to another prosecution for the offense charged in such accusatory pleading, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that accusatory pleading.
(Amended by Stats. 1951, Ch. 1674.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1024.

1024. If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.
(Amended by Stats. 1951, Ch. 1674.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1025.

1025. (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense charged against him or her, he or she shall be asked whether he or she has suffered the prior conviction. If the defendant enters an admission, his or her answer shall be entered in the minutes of the court, and shall, unless withdrawn by consent of the court, be conclusive of the fact of his or her having suffered the prior conviction in all subsequent proceedings. If the defendant enters a denial, his or her answer shall be entered in the minutes of the court. The refusal of the defendant to answer is equivalent to a denial that he or she has suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether or not the defendant has suffered the prior conviction shall be tried by the jury that tries the issue upon the plea of not guilty, or in the case of a plea of guilty or nolo contendere, by a jury impaneled for that purpose, or by the court if a jury is waived.
(c) Notwithstanding the provisions of subdivision (b), the question of whether the defendant is the person who has suffered the prior conviction shall be tried by the court without a jury.
(d) Subdivision (c) shall not apply to prior convictions alleged pursuant to Section 190.2 or to prior convictions alleged as an element of a charged offense.
(e) If the defendant pleads not guilty, and answers that he or she has suffered the prior conviction, the charge of the prior conviction shall neither be read to the jury nor alluded to during trial, except as otherwise provided by law.
(f) Nothing in this section alters existing law regarding the use of prior convictions at trial.
(Amended by Stats. 1997, Ch. 95, Sec. 1. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1026.1.

1026.1. A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or other treatment facility only under one or more of the following circumstances:
(a) Pursuant to the provisions of Section 1026.2.
(b) Upon expiration of the maximum term of commitment as provided in subdivision (a) of Section 1026.5, except as such term may be extended under the provisions of subdivision (b) of Section 1026.5.
(c) As otherwise expressly provided in Title 15 (commencing with Section 1600) of Part 2.
(Amended by Stats. 1984, Ch. 1488, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1026.3.

1026.3. A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2 as amended by Section 3.5 of Chapter 1488 of the Statutes of 1984, may be placed on outpatient status from the commitment as provided in Title 15 (commencing with Section 1600) of Part 2.
(Amended by Stats. 1985, Ch. 260, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1026.4.

1026.4. (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from or who escapes while being conveyed to or from the state hospital or facility, is punishable by imprisonment in the county jail not to exceed one year or in a 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 1026 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.
(Amended by Stats. 1989, Ch. 568, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 4 - Plea › Section 1026.6.

1026.6. Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status, the director of the hospital shall notify the community program director of the county, and the chief law enforcement officer of the jurisdiction, in which the person will reside upon release, if that information is available.
(Amended by Stats. 1985, Ch. 1232, Sec. 4. Effective September 30, 1985. Note: This text was suspended from Jan. 1, 1987, until Jan. 1, 1989, during operation of the temporary amendment by Stats. 1986, Ch. 64.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 5 - Transmission of Certain Indictments and Information › Section 1029.

1029. When an indictment is found or an information filed in the superior court against a judge thereof, a certificate of that fact must be transmitted by the clerk to the chairman of the Judicial Council, who shall thereupon designate and assign a judge of the superior court of another county to preside at the trial of such indictment or information, and hear and determine all pleas and motions affecting the defendant thereunder before and after judgment.
(Amended by Stats. 1935, Ch. 573.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1033.

1033. In a criminal action pending in the superior court, the court shall order a change of venue:
(a) On motion of the defendant, to another county when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial.
(b) On its own motion or on motion of any party, to an adjoining county when it appears as a result of the exhaustion of all of the jury panels called that it will be impossible to secure a jury to try the cause in the county.
(Amended by Stats. 1983, Ch. 562, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1033.1.

1033.1. In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own motion or upon the motion of any party, may return the action or proceeding to the original place of trial if both of the following conditions apply:
(a) The action or proceeding is pending before the court after reversal of the original judgment by the appellate court.
(b) The court finds that the conditions which originally required the order to change venue, as set forth in Section 1033, no longer apply. Prior to making such a finding, the court shall conduct a hearing, upon notice to all parties. At the hearing, the burden shall be on the prosecution to establish that the conditions which originally required the order to change venue no longer apply, unless the defendant and his or her attorney consent to the return of the action or proceeding to the original place of trial.
(Added by Stats. 1993, Ch. 837, Sec. 1. Effective October 6, 1993.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1035.

1035. A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is pending against the defendant, may state in writing his or her agreement to plead guilty or nolo contendere to some or all of the pending charges, to waive trial or hearing in the county in which the pleading is pending, and to consent to disposition of the case in the county in which that defendant was arrested, held, or present, subject to the approval of the district attorney for each county. Upon receipt of the defendant’s statement and of the written approval of the district attorneys, the clerk of the court in which the pleading is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant is arrested, held, or present, and the prosecution shall continue in that county. However, the proceedings shall be limited solely to the purposes of plea and sentencing and not for trial. If, after the proceeding has been transferred pursuant to this section, the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere may not be used against the defendant.
(Amended by Stats. 2003, Ch. 449, Sec. 32. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1036.

1036. (a) Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to another county, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of the other county for the purpose of trial.
(b) If the defendant is incarcerated and the court orders that the jury be selected from the county to which the venue would otherwise have been transferred pursuant to Section 1036.7, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of that county for the purpose of jury selection.
(Amended by Stats. 1987, Ch. 780, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1036.5.

1036.5. Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for the purpose of trial to the court to which venue has been ordered transferred, the court may, upon its own motion or the motion of any party and on appropriate notice to the court to which venue has been transferred, set aside its order to change venue on the ground that the conditions which originally required the order to change venue, as set forth in Section 1033 or 1034, no longer apply.
(Added by Stats. 1983, Ch. 947, Sec. 7.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1036.7.

1036.7. When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent of all defendants, determines that it would be in the interests of the administration of justice to move the jury rather than to move the pending action, a change of venue may be accomplished by the selection of a jury in the county or judicial district to which the venue would otherwise have been transferred, and the selected jury shall be moved to the court in which the criminal action is pending.
(Added by Stats. 1987, Ch. 780, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1037.

1037. (a) When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that are not payable pursuant to Section 4750, shall be paid by the transferring court or county as provided in Sections 1037.1 and 1037.2. Those costs may include, but are not limited to, the expenses for the following:
(1) The transfer, preparation, and trial of the action.
(2) The guarding, keeping, and transportation of the prisoner.
(3) Any appeal or other proceeding relating to the action.
(4) Execution of the sentence.
(b) The term “all costs” means all reasonable and necessary costs incurred by the receiving court or county as a result of the change of venue that would not have been incurred but for the change of venue. “All costs” does not include normal salaries, overhead, and other expenses that would have been incurred by the receiving court or county if it did not receive the trial.
(Amended by Stats. 2005, Ch. 282, Sec. 1. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1037.1.

1037.1. (a) Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule 10.810 of the California Rules of Court, shall be considered court costs to be charged against and paid by the transferring court to the receiving court.
(b) The Judicial Council shall adopt financial policies and procedures to ensure the timely payment of court costs pursuant to this section. The policies and procedures shall include, but are not limited to, both of the following:
(1) The requirement that courts approve a budget and a timeline for reimbursement before the beginning of the trial.
(2) A process for the Administrative Office of the Courts to mediate any disputes regarding costs between transferring and receiving courts.
(c) (1) The presiding judge of the transferring court, or his or her designee, shall authorize the payment for the reimbursement of court costs out of the court operations fund of the transferring court.
(2) Payments for the reimbursement of court costs shall be deposited into the court operations fund of the receiving court.
(Amended by Stats. 2007, Ch. 130, Sec. 192. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1037.2.

1037.2. (a) Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the Government Code or Rule 10.810 of the California Rules of Court shall be considered to be county costs to be paid by the transferring county to the receiving county. County costs include, but are not limited to, alterations, including all construction-related costs, to a courthouse made that only resulted from the transfer of the trial, rental of furniture or equipment that only resulted from the transfer of the trial, inmate transportation provided by the county sheriff from the jail to the courthouse, security of the inmate or other participants in the trial, unique or extraordinary costs for the extended storage and safekeeping of evidence related to the trial, rental of jury parking lot, jury parking lot security and related costs, security expenses incurred by the county sheriff or a contracted agency that resulted only from the transfer of the trial, and information services for the court, jury, public, or media.
(b) Transferring counties shall approve a budget and a timeline for the payment of county costs before the beginning of trial.
(c) Claims for the costs described in subdivision (a) shall be forwarded to the treasurer and auditor of the transferring county on a monthly basis. The treasurer shall pay the amount of county costs out of the general funds of the transferring county within 30 days of receiving the claim for costs from the receiving county.
(d) (1) The transferring court may, in its sound discretion, determine the reasonable and necessary costs under this section.
(2) The transferring court’s approval of costs shall become effective 10 days after the court has given written notice of the costs to the auditor of the transferring county.
(3) During the 10-day period specified in paragraph (2), the auditor of the transferring county may contest the costs approved by the transferring court.
(4) If the auditor of the transferring county fails to contest the costs within the 10-day period specified in paragraph (2), the transferring county shall be deemed to have waived the right to contest the imposition of these costs.
(Amended by Stats. 2007, Ch. 130, Sec. 193. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 6 - Change of Venue › Section 1038.

1038. The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions.
(Amended by Stats. 2003, Ch. 449, Sec. 33. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1041.

1041. An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same offense.
3. Upon a plea of once in jeopardy.
4. Upon a plea of not guilty by reason of insanity.
(Amended by Stats. 1949, Ch. 1314.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1042.

1042. Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
(Amended by Stats. 2002, Ch. 787, Sec. 20. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1042.5.

1042.5. Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived, the court may order that the offenses be tried together by jury or that they be tried separately with the infraction being tried by the court either in the same proceeding or a separate proceeding as may be appropriate.
(Added by Stats. 1968, Ch. 1192.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1043.5.

1043.5. (a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.
(b) The absence of the defendant in a preliminary hearing after the hearing has commenced in their physical presence shall not prevent continuing the hearing to, and including, holding to answer, filing an information, or discharging the defendant in any of the following cases:
(1) Any case in which the defendant, after being warned by the judge that they will be removed if they continued their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the hearing cannot be carried on with the defendant present in the courtroom.
(2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a preliminary hearing pursuant to paragraph (1) of subdivision (b) may reclaim their right to be present at the hearing as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be present in accordance with Section 977.
(e) (1) For purposes of subdivision (b), a preliminary hearing shall be deemed to have commenced in the presence of the defendant if the court finds, by clear and convincing evidence, all of the following to be true:
(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that preliminary hearing.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the preliminary hearing will proceed without the defendant being present.
(D) The defendant has been informed that they have the right to remain silent during the preliminary hearing.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the preliminary hearing lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4) This subdivision does not apply to any preliminary hearing in which the defendant was personally present in court at the commencement of the preliminary hearing.
(f) This section shall become operative on January 1, 2025.
(Amended (as added by Stats. 2022, Ch. 57, Sec. 16) by Stats. 2023, Ch. 190, Sec. 7. (SB 135) Effective September 13, 2023. Operative January 1, 2025, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1044.

1044. It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters, with a view to the expeditious and effective ascertainment of the truth regarding the matters involved.
(Added by Stats. 1927, Ch. 607.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 7 - The Mode of Trial › Section 1045.

1045. In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to request a verbatim record is not provided for pursuant to any other provision of law or rule of court, if any party makes a request at least five days in advance and deposits the required fees, the court shall order that a verbatim record be made of all proceedings. Except as otherwise provided by law or rule the party requesting any reporting, recording, or transcript pursuant to this section shall pay the cost of such reporting, recording, or transcript.
This section shall cease to be operative upon a final decision of an appellate court holding that there is a constitutional right or other requirement that a verbatim record or transcript be provided at public expense for indigent or any other defendants in cases subject to the provisions of this section.
(Added by Stats. 1980, Ch. 1200, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1046.

1046. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1048.

1048. (a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order:
(1) Prosecutions for felony, when the defendant is in custody.
(2) Prosecutions for misdemeanor, when the defendant is in custody.
(3) Prosecutions for felony, when the defendant is on bail.
(4) Prosecutions for misdemeanor, when the defendant is on bail.
(b) Notwithstanding subdivision (a), all criminal actions in which (1) a minor is detained as a material witness or is the victim of the alleged offense, (2) a person who was 70 years of age or older at the time of the alleged offense or is a dependent adult, as defined in subdivision (h) of Section 368, was a witness to, or is the victim of, the alleged offense or (3) any person is a victim of an alleged violation of Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289 or former Section 262 or 288a, committed by the use of force, violence, or the threat thereof, shall be given precedence over all other criminal actions in the order of trial. In those actions, continuations shall be granted by the court only after a hearing and determination of the necessity thereof, and in any event, the trial shall be commenced within 30 days after arraignment, unless for good cause the court shall direct the action to be continued, after a hearing and determination of the necessity of the continuance, and states the findings for a determination of good cause on the record.
(c) This section does not provide a statutory right to a trial within 30 days.
(Amended by Stats. 2021, Ch. 626, Sec. 40. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1048.1.

1048.1. (a) In scheduling a trial date at an arraignment in superior court involving any of the following offenses, reasonable efforts shall be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney:
(1) Murder, as defined in subdivision (a) of Section 187.
(2) An alleged sexual assault offense, as described in subdivisions (a) and (b) of Section 11165.1.
(3) An alleged child abuse offense, as described in Section 11165.6.
(4) A case being handled in the Career Criminal Prosecution Program pursuant to Chapter 2.2 (commencing with Section 999b).
(5) An alleged offense against a person with a developmental disability.
(b) For purposes of this section, “developmental disability” has the same meaning as found in Section 4512 of the Welfare and Institutions Code.
(Amended by Stats. 2016, Ch. 91, Sec. 1. (AB 1272) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1048.2.

1048.2. Notwithstanding subdivision (b) of Section 1048, for good cause shown, the court may grant priority to an action for an alleged violation of Section 236.1 as the court, in its discretion, may determine to be appropriate.
(Added by Stats. 2016, Ch. 644, Sec. 4. (AB 2498) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1049.

1049. After his plea, the defendant is entitled to at least five days to prepare for trial.
(Amended by Stats. 1927, Ch. 606.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1049.5.

1049.5. In felony cases, the court shall set a date for trial which is within 60 days of the defendant’s arraignment in the superior court unless, upon a showing of good cause as prescribed in Section 1050, the court lengthens the time. If the court, after a hearing as presecribed in Section 1050, finds that there is good cause to set the date for trial beyond the 60 days, it shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.
(Added June 5, 1990, by initiative Proposition 115, Sec. 21.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1050.1.

1050.1. In any case in which two or more defendants are jointly charged in the same complaint, indictment, or information, and the court or magistrate, for good cause shown, continues the arraignment, preliminary hearing, or trial of one or more defendants, the continuance shall, upon motion of the prosecuting attorney, constitute good cause to continue the remaining defendants’ cases so as to maintain joinder. The court or magistrate shall not cause jointly charged cases to be severed due to the unavailability or unpreparedness of one or more defendants unless it appears to the court or magistrate that it will be impossible for all defendants to be available and prepared within a reasonable period of time.
(Added June 5, 1990, by initiative Proposition 115, Sec. 22.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1050.5.

1050.5. (a) When, pursuant to subdivision (c) of Section 1050, the court imposes sanctions for failure to comply with the provisions of subdivision (b) of Section 1050, the court may impose one or both of the following sanctions when the moving party is the prosecuting or defense attorney:
(1) A fine not exceeding one thousand dollars ($1,000) upon counsel for the moving party.
(2) The filing of a report with an appropriate disciplinary committee.
(b) The authority to impose sanctions provided for by this section shall be in addition to any other authority or power available to the court, except that the court or magistrate shall not dismiss the case.
(Amended by Stats. 2003, Ch. 133, Sec. 2. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 8 - Formation of the Trial Jury and theCalendar of Issues for Trial › Section 1051.

1051. Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that the prosecutor was or should, with due diligence, have been aware of such evidence. If the continuance is granted because of the defendant’s testimony, it shall not exceed one day.
(Amended by Stats. 1983, Ch. 782, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 9 - Postponement of the Trial › Section 1053.

1053. If after the commencement of the trial of a criminal action or proceeding in any court the judge or justice presiding at the trial shall die, become ill, or for any other reason be unable to proceed with the trial, any other judge or justice of the court in which the trial is proceeding may proceed with and finish the trial; or if there be no other judge or justice of that court available, then the clerk, sheriff, or marshal shall adjourn the court and notify the Chairman of the Judicial Council of the facts, and shall continue the case from day to day until the time that the chairman shall designate and assign a judge or justice of some other court, and the judge or justice shall arrive, to proceed with and complete the trial, or until such time as by stipulation in writing between the prosecuting attorney and the attorney for the defendant, filed with the court, a judge or justice shall be agreed upon by them, and the judge or justice shall arrive to complete the trial. The judge or justice authorized by this section to proceed with and complete the trial shall have the same power, authority, and jurisdiction as if the trial had been commenced before that judge or justice.
(Amended by Stats. 1996, Ch. 872, Sec. 118. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 10 - Discovery › Section 1054.

1054. This chapter shall be interpreted to give effect to all of the following purposes:
(a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested.
(c) To save court time in trial and avoid the necessity for frequent interruptions and postponements.
(d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings.
(e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States.
(Added June 5, 1990, by initiative Proposition 115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 10 - Discovery › Section 1054.1.

1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:
(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.
(Added June 5, 1990, by initiative Proposition 115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 10 - Discovery › Section 1054.2.

1054.2. (a) (1) Except as provided in paragraph (2), no attorney shall disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else, the personal identifying information of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054.1, other than the name of the victim or witness, unless specifically permitted to do so by the court after a hearing and a showing of good cause.
(2) Notwithstanding paragraph (1), an attorney may disclose or permit to be disclosed the personal identifying information of a victim or witness to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation. Persons provided this information by an attorney shall be informed by the attorney that further dissemination of the information, except as provided by this section, is prohibited.
(b) If the defendant is acting as their own attorney, the court shall endeavor to protect the personal identifying information of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court.
(c) For the purposes of this section, personal identifying information has the same definition as in Section 530.55, except that it does not include name, place of employment, or an equivalent form of identification.
(Amended by Stats. 2021, Ch. 91, Sec. 1. (AB 419) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 10 - Discovery › Section 1054.4.

1054.4. Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted by law on the effective date of this section.
(Added June 5, 1990, by initiative Proposition 115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 10 - Discovery › Section 1054.5.

1054.5. (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties.
(b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.
(c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.
(Added June 5, 1990, by initiative Proposition 115.)