TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065. - 1188.]

Title 7 enacted 1872.

§§ 1065–1188 · 137 sections

1. CHAPTER 1. Challenging the Jury §§ 1065–1089 · 3 sections

   • § 1065 If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the Court must discharge the jury so far as the trial in…
   • § [1083.] Section Ten Hundred and Eighty-three. The Court must allow or disallow the challenge, and its decision must be entered in the minutes of the Court.
   • § 1089 Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information or complaint, the…
2. CHAPTER 2. The Trial §§ 1093–1130 · 44 sections

   • § 1093 The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court: (a) If the…
   • § 1093.5 In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court and all…
   • § 1094 When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the order prescribed in Section…
   • § 1095 If the offense charged is punishable with death, two counsel on each side may argue the cause. In any other case the court may, in its discretion, restrict the…
   • § 1096 A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is…
   • § 1096a In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence or defining…
   • § 1097 When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of…
   • § 1098 When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order…
   • § 1099 When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their defense, on the…
   • § 1100 When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant there is not…
   • § 1101 The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.
   • § 1102 The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code.
   • § 1102.6 The right of a victim of crime to be present during any criminal proceeding shall be secured as follows: (a) Notwithstanding any other law, and except as…
   • § 1109 (a) If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section 186.22 shall be tried in separate phases…
   • § 1111 A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with…
   • § 1111.5 (a) A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony of an…
   • § 1112 Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting…
   • § 1113 The Court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged do not constitute an…
   • § 1114 If the jury be discharged because the Court has not jurisdiction of the offense charged, and it appear that it was committed out of the jurisdiction of this…
   • § 1115 If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for such…
   • § 1116 If the defendant is not arrested on a warrant from the proper county, as provided in section 1115, he must be discharged from custody, or his bail in the…
   • § 1117 If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody,…
   • § 1118 In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a…
   • § 1118.1 In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is…
   • § 1118.2 A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118.1 shall not be appealable and is a bar to any other prosecution for the same…
   • § 1119 When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any…
   • § 1120 If a juror has any personal knowledge respecting a fact in controversy in a cause, he or she must declare the same in open court during the trial. If, during…
   • § 1121 The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. Where the jurors are…
   • § 1122 (a) After the jury has been sworn and before the people’s opening address, the court shall instruct the jury generally concerning its basic functions, duties,…
   • § 1122.5 (a) The court, in its discretion, may, at each adjournment of the court before the submission of the cause to the jury, admonish the jury, whether permitted to…
   • § 1124 The Court must decide all questions of law which arise in the course of a trial.
   • § 1126 In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. Although the jury has the power to find a…
   • § 1127 All instructions given shall be in writing, unless there is a phonographic reporter present and he takes them down, in which case they may be given orally;…
   • § 1127a (a) As used in this section, an “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose…
   • § 1127b When, in any criminal trial or proceeding, the opinion of any expert witness is received in evidence, the court shall instruct the jury substantially as…
   • § 1127c In any criminal trial or proceeding where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct the jury…
   • § 1127d (a) In any criminal prosecution for the crime of rape, or for violation of Section 261.5, or for an attempt to commit, or assault with intent to commit, any…
   • § 1127e The term “unchaste character” shall not be used by any court in any criminal case in which the defendant is charged with a violation of Section 261 or 261.5,…
   • § 1127f In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a party, the court shall instruct…
   • § 1127g In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a…
   • § 1127h In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows: “Do not let bias, sympathy,…
   • § 1128 After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation, an…
   • § 1129 When a defendant who has given bail appears for trial, the Court may, in its discretion, at any time after his appearance for trial, order him to be committed…
   • § 1130 If the prosecuting attorney fails to attend at the trial of a felony, the court must appoint an attorney at law to perform the duties of the prosecuting…
3. CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them §§ 1137–1142 · 6 sections

   • § 1137 Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, or copies of…
   • § 1138 After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed on any point of…
   • § 1138.5 Except for good cause shown, the judge in his of her discretion need not be present in the court while testimony previously received in evidence is read to the…
   • § 1140 Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open…
   • § 1141 In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged…
   • § 1142 While the jury are absent the Court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected with the…
4. CHAPTER 4. The Verdict or Finding §§ 1147–1168 · 23 sections

   • § 1147 When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if…
   • § 1148 If charged with a felony the defendant must, before the verdict is received, appear in person, unless, after the exercise of reasonable diligence to procure…
   • § 1149 When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative,…
   • § 1150 The jury must render a general verdict, except that in a felony case, when they are in doubt as to the legal effect of the facts proved, they may, except upon…
   • § 1151 A general verdict upon a plea of not guilty is either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the…
   • § 1152 A special verdict is that by which the jury find the facts only, leaving the judgment to the Court. It must present the conclusions of fact as established by…
   • § 1153 The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the Court, read to the jury and agreed to by them,…
   • § 1154 The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury.
   • § 1155 The court must give judgment upon the special verdict as follows: 1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged…
   • § 1156 If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find…
   • § 1157 Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if a jury trial is…
   • § 1158 Whenever the fact of a previous conviction of another offense is charged in an accusatory pleading, and the defendant is found guilty of the offense with which…
   • § 1158a (a) Whenever the fact that a defendant was armed with a weapon either at the time of his commission of the offense or at the time of his arrest, or both, is…
   • § 1159 The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily included in that with…
   • § 1160 On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant or…
   • § 1161 When there is a verdict of conviction, in which it appears to the Court that the jury have mistaken the law, the Court may explain the reason for that opinion…
   • § 1162 If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant…
   • § 1163 When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they must be severally asked…
   • § 1164 (a) When the verdict given is receivable by the court, the clerk shall record it in full upon the minutes, and if requested by any party shall read it to the…
   • § 1165 Where a general verdict is rendered or a finding by the court is made in favor of the defendant, except on a plea of not guilty by reason of insanity, a…
   • § 1166 (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, they shall be remanded, if in…
   • § 1167 When a jury trial is waived, the judge or justice before whom the trial is had shall, at the conclusion thereof, announce his findings upon the issues of fact,…
   • § 1168 (a) Every person who commits a public offense, for which any specification of three time periods of imprisonment in any state prison or imprisonment pursuant…
5. CHAPTER 4.5. Trial Court Sentencing §§ 1170–1172.75 · 44 sections

   1. ARTICLE 1. Initial Sentencing §§ 1170–1171 · 38 sections

      • § 1170 (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment,…
      • § 1170.02 A prisoner is not eligible for resentence or recall pursuant to Section 1172.2 if they were convicted of first-degree murder, if the victim was a peace…
      • § 1170.05 (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation may offer a program under which inmates, as specified in…
      • § 1170.06 (a) Notwithstanding any other law, a sheriff or a county director of corrections is authorized to offer a program under which inmates as specified in…
      • § 1170.1 (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or…
      • § 1170.11 As used in Section 1170.1, the term “specific enhancement” means an enhancement that relates to the circumstances of the crime. It includes, but is not limited…
      • § 1170.12 (a) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior…
      • § 1170.125 (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after…
      • § 1170.126 (a) The resentencing provisions under this section and related statutes are intended to apply exclusively to persons presently serving an indeterminate term of…
      • § 1170.127 (a) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the court to have…
      • § 1170.13 Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle…
      • § 1170.15 Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle…
      • § 1170.16 In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of Section 192,…
      • § 1170.18 (a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of…
      • § 1170.2 (a) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if he or she had committed it…
      • § 1170.21 A conviction for a violation of Section 647f as it read on December 31, 2017, is invalid and vacated. All charges alleging violation of Section 647f are…
      • § 1170.22 (a) A person who is serving a sentence as a result of a violation of Section 647f as it read on December 31, 2017, whether by trial or by open or negotiated…
      • § 1170.3 The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by: (a) The adoption of rules providing criteria for the consideration…
      • § 1170.4 The Judicial Council shall collect and analyze relevant information relating to sentencing practices in this state and other jurisdictions. Such information…
      • § 1170.45 The Judicial Council shall collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the…
      • § 1170.5 The Judicial Council shall conduct annual sentencing institutes for trial court judges pursuant to Section 68551 of the Government Code, toward the end of…
      • § 1170.7 Robbery or attempted robbery for the purpose of obtaining any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and…
      • § 1170.71 The fact that a person who commits a violation of Section 288 has used obscene or harmful matter to induce, persuade, or encourage the minor to engage in a…
      • § 1170.72 Upon conviction of a violation of Section 11353, 11353.5, 11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a finding of truth of an enhancing…
      • § 1170.73 Upon conviction of a felony violation of Section 11377, 11378, or 11378.5 of the Health and Safety Code, the court shall consider the quantity of controlled…
      • § 1170.74 Upon conviction of a felony violation of Section 11377, 11378, 11379, or 11379.6 of the Health and Safety Code, for an offense involving methamphetamine, the…
      • § 1170.76 The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member of the household of a minor or…
      • § 1170.78 Upon a conviction of a violation of Section 451, the fact that the person committed the offense in retaliation against the owner or occupant of the property or…
      • § 1170.8 (a) The fact that a robbery or an assault with a deadly weapon or instrument or by means of any force likely to produce great bodily injury was committed…
      • § 1170.81 The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section…
      • § 1170.82 Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense…
      • § 1170.84 Upon conviction of any serious felony, listed in subdivision (c) of Section 1192.7, it shall be considered a circumstance in aggravation of the crime in…
      • § 1170.85 (a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under…
      • § 1170.86 Upon conviction of a felony violation of Section 220, 261, 261.5, 264.1, or 266j the fact that the felony was committed within a safe school zone, as defined…
      • § 1170.89 Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth…
      • § 1170.9 (a) In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that the person…
      • § 1170.91 (a) If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual…
      • § 1171 (a) For the purposes of this section, “postconviction proceeding” means a proceeding to modify a sentence or conviction pursuant to an ameliorative statute.…
   2. ARTICLE 1.5. Recall and Resentencing §§ 1172–1172.75 · 6 sections

      • § 1172 (a) The County Resentencing Pilot Program (pilot) is hereby established to support and evaluate a collaborative approach to exercising prosecutorial…
      • § 1172.1 (a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and…
      • § 1172.2 (a) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a) of Section 1170, if the statewide chief medical executive, in…
      • § 1172.6 (a) A person convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a…
      • § 1172.7 (a) Any sentence enhancement that was imposed prior to January 1, 2018, pursuant to Section 11370.2 of the Health and Safety Code, except for any enhancement…
      • § 1172.75 (a) Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a…
6. CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act §§ 1174–1174.9 · 8 sections

   • § 1174 This chapter shall be known as the Pregnant and Parenting Women’s Alternative Sentencing Program Act.
   • § 1174.1 For purposes of this chapter, the following definitions shall apply: (a) “Agency” means the private agency selected by the department to operate this program.…
   • § 1174.2 (a) Notwithstanding any other law, the unencumbered balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall revert to the unappropriated…
   • § 1174.3 (a) The department shall ensure that the facility designs provide adequate space to carry out this chapter, including the capability for nonsecure housing,…
   • § 1174.4 (a) Persons eligible for participation in this alternative sentencing program shall meet all of the following criteria: (1) Pregnant women with an established…
   • § 1174.5 The department shall be responsible for the funding and monitoring of the progress, activities, and performance of each program.
   • § 1174.8 (a) The department shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of…
   • § 1174.9 A program facility administered by the Department of Corrections pursuant to this chapter is exempt from the requirements and provisions of Chapter 3.4…
7. CHAPTER 5. Bills of Exception § 1176 · 1 section

   • § 1176 When written instructions have been presented, and given, modified, or refused, or when the charge of the court has been taken down by the reporter, the…
8. CHAPTER 6. New Trials §§ 1179–1182 · 4 sections

   • § 1179 A new trial is a reëxamination of the issue in the same Court, before another jury, after a verdict has been given.
   • § 1180 The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former…
   • § 1181 When a verdict has been rendered or a finding made against the defendant, the court may, upon his application, grant a new trial, in the following cases only:…
   • § 1182 The application for a new trial must be made and determined before judgment, the making of an order granting probation, the commitment of a defendant for…
9. CHAPTER 7. Arrest of Judgment §§ 1185–1188 · 4 sections

   • § 1185 A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea, finding, or verdict of guilty, or on a…
   • § 1186 The court may, on its own motion, at any time before judgment is pronounced, arrest the judgment for any of the defects in the accusatory pleading upon which a…
   • § 1187 The effect of an order arresting judgment, in a felony case, is to place the defendant in the same situation in which the defendant was immediately before the…
   • § 1188 If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon which he may be…