BlackletterCalifornia law

Penal Code § 1272

ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail

Current as of September 28, 2026Pen. Code, § 1272Official source ↗

Amended by Stats. 2023, Ch. 545, Sec. 2. (AB 791) Effective January 1, 2024.

After conviction of an offense not punishable with death or life without the possibility of parole, a defendant who has made application for probation or who has appealed may be admitted to bail:

(a) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only.

(b) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.

(c) As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.