TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]

Heading of Title 3 amended by Stats. 1951, Ch. 1674.

§§ 777–883 · 235 sections

1. CHAPTER 1. Of the Local Jurisdiction of Public Offenses §§ 777–795 · 27 sections

   • § 777 Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively…
   • § 777a If a parent violates the provisions of Section 270 of this code, the jurisdiction of such offense is in any competent court of either the jurisdictional…
   • § 777b Perjury, in violation of Section 118, committed outside of the State of California is punishable in a competent court in the jurisdictional territory in this…
   • § 778 When the commission of a public offense, commenced without the State, is consummated within its boundaries by a defendant, himself outside the State, through…
   • § 778a (a) Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of that intent, which culminates in the…
   • § 778b Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards found within…
   • § 781 Except as provided in Section 923, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory,…
   • § 782 When a public offense is committed on the boundary of two or more jurisdictional territories, or within 500 yards thereof, the jurisdiction of such offense is…
   • § 783 When a public offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of…
   • § 783.5 When a public offense is committed in a park situated in more than one county, the jurisdiction over such an offense is in any competent court in any county in…
   • § 784 The jurisdiction of a criminal action: (a) For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping another, with…
   • § 784.5 The jurisdiction of a criminal action for a violation of Section 277, 278, or 278.5 shall be in any one of the following jurisdictional territories: (a) Any…
   • § 784.7 (a) If more than one violation of Section 220, except assault with intent to commit mayhem, 261, 264.1, 269, 286, 287, 288, 288.5, 288.7, or 289 or former…
   • § 784.8 If more than one felony violation of subdivision (d) or (e) of Section 368 occurs in more than one jurisdictional territory, the jurisdiction of any of those…
   • § 785 When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory…
   • § 786 (a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property…
   • § 786.5 (a) The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section…
   • § 787 When multiple offenses punishable under one or more of Sections 11418, 11418.5, and 11419 occur in more than one jurisdictional territory, and the offenses are…
   • § 788 The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State.
   • § 789 The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen…
   • § 790 (a) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted or in the county in which the…
   • § 791 In the case of an accessory, as defined in Section 32, in the commission of a public offense, the jurisdiction is in any competent court within the…
   • § 792 The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the…
   • § 793 When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of…
   • § 793.5 Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to…
   • § 794 Where an offense is within the jurisdiction of two or more courts, a conviction or acquittal thereof in one court is a bar to a prosecution therefor in another.
   • § 795 The jurisdiction of a violation of Sections 412, 413, or 414, or a conspiracy to violate any of said sections, is in any competent court within the…
2. CHAPTER 2. Time of Commencing Criminal Actions §§ 799–805 · 17 sections

   • § 799 (a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the…
   • § 800 Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment…
   • § 801 Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section…
   • § 801.1 (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288,…
   • § 801.2 Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.4 shall commence within…
   • § 801.5 Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within…
   • § 801.6 Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any…
   • § 801.7 (a) Notwithstanding Section 801 or any other law, prosecution for a felony offense described in Section 502 shall be commenced within three years after…
   • § 801.8 (a) Notwithstanding any other limitation of time described in this chapter, prosecution for the failure of a mandated reporter to report an incident under…
   • § 802 (a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant…
   • § 802.5 Notwithstanding Section 802 or any other provision of law, prosecution for the offense described in Section 18897.93 of the Business and Professions Code shall…
   • § 803 (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (b) The time during which…
   • § 803.5 With respect to a violation of Section 115 or 530.5, a limitation of time prescribed in this chapter does not commence to run until the discovery of the…
   • § 803.6 (a) If more than one time period described in this chapter applies, the time for commencing an action shall be governed by that period that expires the latest…
   • § 803.7 (a) Notwithstanding any other law, prosecution for a violation of Section 273.5 may be commenced within seven years of the crime. (b) This section applies to…
   • § 804 Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: (a) An…
   • § 805 For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment…
3. CHAPTER 3. Complaints Before Magistrates §§ 806–810 · 5 sections

   • § 806 A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath subscribed by the…
   • § 807 A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.
   • § 808 The following persons are magistrates: (a) The judges of the Supreme Court. (b) The judges of the courts of appeal. (c) The judges of the superior courts.
   • § 809 The night-time commissioner of the Santa Clara County Superior Court shall be considered a magistrate for the purpose of conducting prompt probable cause…
   • § 810 (a) The presiding judge of the superior court in a county shall, as often as is necessary, designate on a schedule not less than one judge of the court to be…
4. CHAPTER 4. The Warrant of Arrest §§ 813–829 · 21 sections

   • § 813 (a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or she sits, if, and only…
   • § 814 A warrant of arrest issued under Section 813 may be in substantially the following form: County of ____ The people of the State of California to any peace…
   • § 815 A warrant of arrest shall specify the name of the defendant or, if it is unknown to the magistrate, judge, justice, or other issuing authority, the defendant…
   • § 815a At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275…
   • § 816 A warrant of arrest shall be directed generally to any peace officer, or to any public officer or employee authorized to serve process where the warrant is for…
   • § 816a A summons issued pursuant to Section 813 shall be served by any peace officer, or any public officer or employee authorized to serve process when the summons…
   • § 817 (a) (1) Before issuing an arrest warrant, the magistrate shall examine a declaration of probable cause made by a peace officer or, when the defendant is a…
   • § 817.5 (a) On or after June 30, 2001, upon the issuance of any arrest warrant, the issuing law enforcement agency may enter the warrant information into the…
   • § 818 In any case in which a peace officer serves upon a person a warrant of arrest for a misdemeanor offense under the Vehicle Code or under any local ordinance…
   • § 819 (a) It is the public policy of the state that an out-of-state arrest warrant for an individual based on violating another state’s law against providing,…
   • § 821 If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest must take the defendant…
   • § 822 If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in…
   • § 823 On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant to the officer having charge of the defendant. The magistrate…
   • § 824 When an adult willfully misrepresents himself or herself to be a minor under 18 years of age when taken into custody and this misrepresentation effects a…
   • § 825 (a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event,…
   • § 825.5 Any physician and surgeon, including a psychiatrist, licensed to practice in this state, or any psychologist licensed to practice in this state who holds a…
   • § 826 If on a warrant issued under Section 813 or 817 the defendant is brought before a magistrate other than the one who issued the warrant, the complaint on which…
   • § 827 When a complaint is filed with a magistrate of the commission of a felony originally triable in the superior court of another county of the state than that in…
   • § 827.1 A person who is specified or designated in a warrant of arrest for a misdemeanor offense may be released upon the issuance of a citation, in lieu of physical…
   • § 828 The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable,…
   • § 829 When a complaint is filed with a magistrate of the commission of a misdemeanor or infraction triable in another county of the state than that in which the…
5. CHAPTER 4.2. Code Enforcement Officers §§ 829.5–829.7 · 2 sections

   • § 829.5 (a) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental…
   • § 829.7 Each local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement…
6. CHAPTER 4.5. Peace Officers §§ 830–832.18 · 57 sections

   • § 830 Any person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a peace officer, and…
   • § 830.1 (a) A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, a chief of police of a city or chief, director, or chief executive…
   • § 830.2 The following persons are peace officers whose authority extends to any place in the state: (a) Any member of the Department of the California Highway Patrol…
   • § 830.3 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.31 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.32 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.33 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.34 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.35 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.36 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.37 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an…
   • § 830.38 (a) The officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services…
   • § 830.39 (a) Any regularly employed law enforcement officer of the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona…
   • § 830.4 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their duties under the conditions as…
   • § 830.41 Notwithstanding any other provision of law, the City of Tulelake, California, is authorized to enter into a mutual aid agreement with the City of Malin,…
   • § 830.5 The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective…
   • § 830.55 (a) (1) As used in this section, a correctional officer is a peace officer, employed by a city, county, or city and county that operates a facility described…
   • § 830.6 (a) (1) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve…
   • § 830.65 (a) Any person who is a regularly employed police officer of a city or a regularly employed deputy sheriff of a county, or a reserve peace officer of a city or…
   • § 830.7 The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within…
   • § 830.75 (a) Notwithstanding subdivision (b) of Section 830.7, a person regularly employed as a security officer for an independent institution of higher education…
   • § 830.8 (a) Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a peace officer in…
   • § 830.83 (a) Commencing on July 1, 2026, until July 1, 2029, a chief of police appointed by a qualified entity enrolled in the pilot program established by Section…
   • § 830.85 Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not…
   • § 830.9 Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve…
   • § 830.95 (a) Any person who wears the uniform of a peace officer while engaged in picketing, or other informational activities in a public place relating to a concerted…
   • § 830.10 Any uniformed peace officer shall wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer.
   • § 830.11 (a) The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve…
   • § 830.12 Notwithstanding any other provision of law, persons designated by a local agency as litter control officers, vehicle abatement officers, registered…
   • § 830.13 (a) The following persons are not peace officers but may exercise the power to serve warrants as specified in Sections 1523 and 1530 during the course and…
   • § 830.14 (a) A local or regional transit agency or a joint powers agency operating rail service identified in an implementation program adopted pursuant to Article 10…
   • § 830.15 (a) Notwithstanding subdivision (d) of Section 830.33, a person regularly employed as an airport law enforcement officer by Los Angeles World Airports is a… see note
   • § 831 (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and…
   • § 831.4 (a) (1) A sheriff’s or police security officer is a public officer, employed by the sheriff of a county, a police chief of a city police department, or a…
   • § 831.5 (a) As used in this section, a custodial officer is a public officer, not a peace officer, who is employed by a law enforcement agency of San Diego County,…
   • § 831.6 (a) A transportation officer is a public officer, not a peace officer, appointed on a contract basis by a peace officer to transport a prisoner or prisoners.…
   • § 831.7 (a) As used in this section, a custody assistant is a person who is a full-time employee, not a peace officer, employed by the county sheriff’s department who…
   • § 832 (a) Every person described in this chapter as a peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on…
   • § 832.05 (a) Each state or local department or agency that employs peace officers shall utilize a person meeting the requirements set forth in subdivision (f) of…
   • § 832.1 Any airport security officer, airport policeman, or airport special officer, regularly employed and paid by a city, county, city and county, or district who is…
   • § 832.2 Every school police reserve officer, as described in Section 38000 of the Education Code, shall complete a course of training approved by the Commission on…
   • § 832.25 (a) Notwithstanding any other provision of law, all welfare fraud investigators or inspectors who are appointed as peace officers pursuant to subdivision (a)…
   • § 832.3 (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a…
   • § 832.4 (a) Any undersheriff or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a…
   • § 832.5 (a) (1) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public…
   • § 832.55 (a) Notwithstanding subdivision (a) of Section 13510.1, peace officers described in Section 830.83 shall be subject to the applicable requirements of, the…
   • § 832.6 (a) Every person deputized or appointed, as described in subdivision (a) of Section 830.6, shall have the powers of a peace officer only when the person is any…
   • § 832.7 (a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agency…
   • § 832.8 As used in Section 832.7, the following words or phrases have the following meanings: (a) “Personnel records” means any file maintained under that individual’s…
   • § 832.9 (a) A governmental entity employing a peace officer, as defined in Section 830, judge, court commissioner, or an attorney employed by the Department of…
   • § 832.10 (a) For purposes of this section, the following definitions shall apply: (1) “Death incident” means an event where a person has died in the custody or…
   • § 832.12 (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in…
   • § 832.13 Every person employed as a peace officer shall immediately report all uses of force by the officer to the officer’s department or agency.
   • § 832.15 (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency as to whether an individual applying for a position as a peace…
   • § 832.16 (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency employing a peace officer, as defined by this chapter, who is…
   • § 832.17 (a) Upon request by a state or local agency, the Department of Justice shall notify the state or local agency as to whether an individual employed as a…
   • § 832.18 (a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a…
7. CHAPTER 5. Arrest, by Whom and How Made §§ 833–851.93 · 43 sections

   • § 833 A peace officer may search for dangerous weapons any person whom he has legal cause to arrest, whenever he has reasonable cause to believe that the person…
   • § 833.2 (a) It is the intent of the Legislature to encourage law enforcement and county child welfare agencies to develop protocols in collaboration with other local…
   • § 833.5 (a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon…
   • § 834 An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
   • § 834a If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such…
   • § 834c (a) (1) In accordance with federal law and the provisions of this section, every peace officer, upon arrest and booking or detention for more than two hours of…
   • § 835 An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint…
   • § 835a (a) The Legislature finds and declares all of the following: (1) That the authority to use physical force, conferred on peace officers by this section, is a…
   • § 836 (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830) of Title…
   • § 836.1 When a person commits an assault or battery against the person of a firefighter, emergency medical technician, or mobile intensive care paramedic while that…
   • § 836.3 A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person who, while charged with or convicted…
   • § 836.5 (a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to…
   • § 836.6 (a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal, or other police…
   • § 837 A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony,…
   • § 838 A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such…
   • § 839 Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
   • § 840 An arrest for the commission of a felony may be made on any day and at any time of the day or night. An arrest for the commission of a misdemeanor or an…
   • § 841 The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it,…
   • § 841.5 (a) Except as otherwise required by Chapter 10 (commencing with Section 1054) of Title 7, or by the United States Constitution or the California Constitution,…
   • § 842 An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest,…
   • § 843 When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be…
   • § 844 To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open the door or window of the house in which the…
   • § 845 Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary…
   • § 846 Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate…
   • § 847 (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a…
   • § 847.5 (a) Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail…
   • § 848 An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law.
   • § 849 (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary…
   • § 849.5 In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person…
   • § 850 (a) A telegraphic copy of a warrant or an abstract of a warrant may be sent by telegraph, teletype, or any other electronic devices, to one or more peace…
   • § 851 Every officer causing telegraphic copies or abstracts of warrants to be sent, must certify as correct, and file in the telegraphic office from which such…
   • § 851.5 (a) (1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make…
   • § 851.6 (a) In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued…
   • § 851.7 (a) Any person who has been cited or arrested for a misdemeanor or felony, with or without a warrant, while a minor, may, during or after minority, petition…
   • § 851.8 (a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having…
   • § 851.85 Whenever a person is acquitted of a charge and it appears to the judge presiding at the trial wherein such acquittal occurred that the defendant was factually…
   • § 851.86 Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge,…
   • § 851.865 (a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be binding on the…
   • § 851.87 (a) (1) In any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of…
   • § 851.90 (a) (1) Whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted to a…
   • § 851.91 (a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as…
   • § 851.92 (a) This section applies when an arrest record is sealed pursuant to Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9. (b) When the court issues an order to…
   • § 851.93 (a) (1) On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the…
8. CHAPTER 5A. Uniform Act on Fresh Pursuit §§ 852–852.4 · 5 sections

   • § 852 This chapter may be cited as the Uniform Act on Fresh Pursuit.
   • § 852.1 As used in this chapter: (a) “State” means any State of the United States and the District of Columbia. (b) “Peace officer” means any peace officer or member…
   • § 852.2 Any peace officer of another State, who enters this State in fresh pursuit, and continues within this State in fresh pursuit, of a person in order to arrest…
   • § 852.3 If an arrest is made in this State by a peace officer of another State in accordance with the provisions of section 852.2 of this code, he shall without…
   • § 852.4 Section 852.2 of this code shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.
9. CHAPTER 5B. Interstate Jurisdiction §§ 853.1–853.4 · 4 sections

   1. ARTICLE 1. Colorado River Crime Enforcement Compact §§ 853.1–853.2 · 2 sections

      • § 853.1 (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…
      • § 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…
   2. ARTICLE 2. California-Nevada Compact for Jurisdiction on Interstate Waters §§ 853.3–853.4 · 2 sections

      • § 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…
      • § 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…
10. CHAPTER 5C. Citations for Misdemeanors §§ 853.5–853.85 · 7 sections

    • § 853.5 (a) Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the person may be released…
    • § 853.6 (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 853.85 This chapter shall not apply in any case where a person is arrested for an offense declared to be a felony.
11. CHAPTER 5D. Filing Complaint After Citation § 853.9 · 1 section

    • § 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,…
12. CHAPTER 6. Retaking After an Escape or Rescue §§ 854–855 · 2 sections

    • § 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…
    • § 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…
13. CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer §§ 858–883 · 44 sections

    • § 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…
    • § 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…
    • § 858.7 (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction and there has been filed…
    • § 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…
    • § 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…
    • § 859.5 (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention,…
    • § 859.7 (a) All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. The…
    • § 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…
    • § 859b At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded guilty in…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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.…
    • § 864 At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.
    • § 865 The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.
    • § 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…
    • § 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…
    • § 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.…
    • § 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…
    • § 868.4 (a) If requested by either party in a criminal or juvenile hearing, and if a therapy or facility dog is available to the party within the jurisdiction of the…
    • § 868.5 (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision…
    • § 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…
    • § 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…
    • § 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…
    • § 869 The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her direction, and in other…
    • § 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…
    • § 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…
    • § 871.5 (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code or Section 41403 of
    • § 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…
    • § 872 (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is…
    • § 872.5 Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a…
    • § 873 If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the County of ____. ”
    • § 875 If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be admitted to bail in the sum…
    • § 876 If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the…
    • § 877 The commitment must be to the following effect except when it is made under the provisions of section 859a of this code. County of ____ (as the case may be).…
    • § 877a When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect: County of ____ (as the case may be).…
    • § 878 On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material witnesses examined before…
    • § 879 When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such…
    • § 880 Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.
    • § 881 (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that…
    • § 882 When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he or she…
    • § 883 When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at which the defendant is…