TITLE 10. MISCELLANEOUS PROCEEDINGS [1268. - 1424.5.]
Title 10 enacted 1872.
§§ 1268–1424.5 · 216 sections
CHAPTER 1. Bail §§ 1268–1320.5 · 82 sections
ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail §§ 1268–1276.5 · 19 sections
- § 1268 Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.
- § 1269 The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant,…
- § 1269a Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon…
- § 1269b (a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is…
- § 1269c If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order,…
- § 1270 (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or…
- § 1270.1 (a) Except as provided in subdivision (e), before a person who is arrested for any of the following crimes may be released on bail in an amount that is either…
- § 1270.2 When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order…
- § 1270.5 A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof…
- § 1271 If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
- § 1272 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…
- § 1272.1 Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following: (a) By…
- § 1273 If the offense is bailable, the defendant may be admitted to bail before conviction: First—For his appearance before the magistrate, on the examination of the…
- § 1274 When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given…
- § 1275 (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense…
- § 1275.1 (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit,…
- § 1276 (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if…
- § 1276.1 (a) On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires…
- § 1276.5 (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond…
ARTICLE 2. Bail Upon Being Held to Answer Before Indictment §§ 1277–1281a · 9 sections
- § 1277 When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or…
- § 1278 (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and…
- § 1279 The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may…
- § 1280 The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The…
- § 1280a All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the…
- § 1280b It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the…
- § 1280.1 (a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500,…
- § 1281 Upon the allowance of bail and the execution and approval of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for…
- § 1281a A judge of the superior court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve bail in the said…
ARTICLE 3. Bail Upon an Indictment Before Conviction §§ 1284–1289 · 6 sections
- § 1284 When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the…
- § 1285 If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench…
- § 1286 When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of habeas corpus.
- § 1287 (a) The bail shall be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or…
- § 1288 The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment.
- § 1289 After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause shown, either…
ARTICLE 4. Bail on Appeal §§ 1291–1292 · 2 sections
- § 1291 In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any Magistrate having the power to issue…
- § 1292 The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the undertaking must be…
ARTICLE 5. Deposit Instead of Bail §§ 1295–1298 · 4 sections
- § 1295 (a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a defendant for having…
- § 1296 If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance,…
- § 1297 When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the…
- § 1298 In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the…
ARTICLE 5.5. Bail Fugitive Recovery Persons Act §§ 1299–1299.12 · 12 sections
- § 1299 This article shall be known as the Bail Fugitive Recovery Persons Act.
- § 1299.01 (a) For purposes of this article, the following terms shall have the following meanings: (1) “Bail fugitive” means a defendant in a pending criminal case who…
- § 1299.02 (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one…
- § 1299.04 (a) A bail fugitive recovery agent, bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail…
- § 1299.05 In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to…
- § 1299.06 Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper…
- § 1299.07 (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent themselves in any manner as being a sworn law enforcement…
- § 1299.08 (a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours…
- § 1299.09 An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
- § 1299.10 An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the…
- § 1299.11 Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing…
- § 1299.12 Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3…
ARTICLE 6. Exoneration §§ 1300–1304 · 5 sections
- § 1300 (a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their…
- § 1301 For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time…
- § 1302 If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom…
- § 1303 If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has…
- § 1304 Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is…
ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money §§ 1305–1308 · 11 sections
- § 1305 (a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a…
- § 1305.1 If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court…
- § 1305.2 If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the clerk of the court…
- § 1305.3 The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs and…
- § 1305.4 Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending…
- § 1305.5 Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court…
- § 1305.6 (a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and…
- § 1306 (a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has…
- § 1306.1 The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to…
- § 1307 If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the…
- § 1308 (a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered pursuant…
ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail §§ 1310–1317 · 8 sections
- § 1310 The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on…
- § 1311 The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any…
- § 1312 The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that…
- § 1313 If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed…
- § 1314 If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause a direction to be inserted in the…
- § 1315 When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the…
- § 1316 When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on the ____…
- § 1317 The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter.
ARTICLE 9. Procedure Relating to Release on Own Recognizance §§ 1318–1319.5 · 4 sections
- § 1318 (a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized…
- § 1318.1 (a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should be…
- § 1319 (a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing…
- § 1319.5 (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in…
ARTICLE 10. Violations §§ 1320–1320.5 · 2 sections
- § 1320 (a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in…
- § 1320.5 Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the…
CHAPTER 1.7. Pretrial Risk Assessment Tool Validation § 1320.35 · 1 section
- § 1320.35 (a) It is the intent of the Legislature in enacting this section to understand and reduce biases based on gender, income level, race, or ethnicity in pretrial…
CHAPTER 2. Who May Be Witnesses in Criminal Actions §§ 1321–1324.2 · 4 sections
- § 1321 The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in…
- § 1324 In any felony proceeding or in any investigation or proceeding before a grand jury for any felony offense if a person refuses to answer a question or produce…
- § 1324.1 In any misdemeanor proceeding in any court, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be…
- § 1324.2 (a) Testimony of a victim or witness in a felony prosecution for a violation or attempted violation of Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289,…
CHAPTER 3. Compelling the Attendance of Witnesses §§ 1326–1332 · 14 sections
- § 1326 (a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by any of the…
- § 1326.1 (a) An order for the production of utility records in whatever form and however stored shall be issued by a judge only upon a written ex parte application by a…
- § 1326.2 (a) An order for the production of escrow or title records in whatever form and however stored shall be issued by a judge only upon a written ex parte…
- § 1327 A subpoena authorized by Section 1326 shall be substantially in the following form: The people of the State of California to A.B.: You are commanded to appear…
- § 1328 (a) A subpoena may be served by any person, except that the defendant may not serve a subpoena in the criminal action to which he or she is a party, but a…
- § 1328.5 Whenever any peace officer is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an event or…
- § 1328.6 Whenever any criminalist, questioned document examiner, latent print analyst, polygraph examiner employed by the Department of Justice, a police department, a…
- § 1328d (a) Notwithstanding Section 1328, except as specified in subdivision (c) of Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or…
- § 1329 (a) When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, whether upon a subpoena or in pursuance of an…
- § 1329.1 Any witness who is subpoenaed in any criminal action or proceeding shall be given written notice on the subpoena that the witness may be entitled to receive…
- § 1330 No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless…
- § 1331 Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the Court or magistrate as a contempt. A witness disobeying…
- § 1331.5 Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the…
- § 1332 (a) Notwithstanding the provisions of Sections 878 to 883, inclusive, when the court is satisfied, by proof on oath, that there is good cause to believe that…
CHAPTER 3a. Attendance of Witnesses Outside the State §§ 1334–1334.6 · 7 sections
- § 1334 This chapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases.
- § 1334.1 As used in this chapter: (a) “Witness” includes any person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal…
- § 1334.2 (a) Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to…
- § 1334.3 (a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or…
- § 1334.4 If a person comes into this State in obedience to a subpoena directing him to attend and testify in this State, he shall not, while in this State pursuant to…
- § 1334.5 If a person passes through this State while going to another State in obedience to a subpoena or order to attend and testify in that State or while returning…
- § 1334.6 This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact similar legislation.
CHAPTER 4. Examination of Witnesses Conditionally §§ 1335–1345 · 11 sections
- § 1335 (a) If a defendant has been charged with a public offense triable in a court, he or she in all cases, and the people in cases other than those for which the…
- § 1336 (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for…
- § 1337 The application shall be made upon affidavit stating all of the following: (a) The nature of the offense charged. (b) The state of the proceedings in the…
- § 1338 The application may be made to the court or a judge thereof, and must be made upon three days’ notice to the opposite party.
- § 1339 If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a…
- § 1340 (a) The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody…
- § 1341 If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that…
- § 1342 The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.
- § 1343 The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an…
- § 1344 The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial.
- § 1345 The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party…
CHAPTER 4.5. Examination of Victims of Sexual Crimes §§ 1346–1347.5 · 5 sections
- § 1346 (a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287,
- § 1346.1 (a) When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, former Section 262, or subdivision (a) of…
- § 1347 (a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the…
- § 1347.1 (a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three…
- § 1347.5 (a) It is the intent of the Legislature, in enacting this section, to provide the court with discretion to modify court procedures, as a reasonable…
CHAPTER 5. Examination of Witnesses on Commission §§ 1349–1362 · 14 sections
- § 1349 When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his…
- § 1350 When a material witness for the defendant resides out of the State, the defendant may apply for an order that the witness be examined on a commission.
- § 1351 A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner, authorizing…
- § 1352 The application must be made upon affidavit, stating: 1. The nature of the offense charged; 2. The state of the proceedings in the action, and that an issue of…
- § 1353 The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney.
- § 1354 If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the…
- § 1355 When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with…
- § 1356 Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in which it…
- § 1357 The commissioner, unless otherwise specially directed, may execute the commission in the following order: (a) He or she shall publicly administer an oath to…
- § 1358 If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is directed, or to the Judge of the…
- § 1359 If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be…
- § 1360 The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the…
- § 1361 The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies of the same or of any part…
- § 1362 The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness…
CHAPTER 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction §§ 1367–1376 · 23 sections
- § 1367 (a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked…
- § 1368 (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision,…
- § 1368.1 (a) (1) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an information…
- § 1369 A determination of the question of mental competence shall proceed in the following order: (a) (1) The court shall suspend criminal proceedings and shall…
- § 1369.5 (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively…
- § 1370 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged…
- § 1370.01 (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation…
- § 1370.015 A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is…
- § 1370.02 (a) If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings shall…
- § 1370.1 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged…
- § 1370.2 If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against…
- § 1370.3 A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such commitment…
- § 1370.4 If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant is not a…
- § 1370.5 (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, 1370.02, or…
- § 1370.6 (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restoration of…
- § 1371 The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370.02, exonerates his or her bail, or entitles a person, authorized to…
- § 1372 (a) (1) If the medical director of a state hospital, a person designated by the State Department of State Hospitals at an entity contracted by the department…
- § 1373 The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county in which the…
- § 1373.5 In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from the date…
- § 1374 When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient treatment…
- § 1375 Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the county…
- § 1375.5 (a) Time spent by a person in a treatment facility or county jail as a result of proceedings under this chapter shall be credited against the sentence, if any,…
- § 1376 (a) As used in this section, the following definitions shall apply: (1) “Intellectual disability” means the condition of significantly subaverage general…
CHAPTER 7. Compromising Certain Public Offenses by Leave of the Court §§ 1377–1379 · 3 sections
- § 1377 When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378,…
- § 1378 If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for…
- § 1379 No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this…
CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise §§ 1381–1388 · 12 sections
- § 1381 Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to and has entered…
- § 1381.5 Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in this…
- § 1382 (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: (1) When a person has been held to…
- § 1383 If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action to be continued…
- § 1384 If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is…
- § 1385 (a) The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an…
- § 1385.1 Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty…
- § 1386 The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public…
- § 1387 (a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is…
- § 1387.1 (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people…
- § 1387.2 Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing…
- § 1388 (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own…
CHAPTER 8.5. Agreement on Detainers §§ 1389–1389.8 · 8 sections
- § 1389 The agreement on detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form…
- § 1389.1 The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which the…
- § 1389.2 All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on…
- § 1389.4 Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of this or another state in…
- § 1389.5 It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of…
- § 1389.6 The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement.
- § 1389.7 When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before…
- § 1389.8 It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings.
CHAPTER 9. Proceedings Against Corporations §§ 1390–1398 · 7 sections
- § 1390 Upon the filing of an accusatory pleading against a corporation, the court shall issue a summons, signed by the judge with his name of office, requiring the…
- § 1391 The summons shall be substantially in the following form: County of (as the case may be). The people of the State of California to the (naming the…
- § 1392 The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the…
- § 1393 At the appointed time in the summons, the magistrate shall proceed with the charge in the same manner as in other cases.
- § 1396 If an accusatory pleading is filed, the corporation may appear by counsel to answer the same, except that in the case of misdemeanors arising from operation of…
- § 1397 When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it in the manner provided for enforcement of money…
- § 1398 (a) In addition to any other penalty or fine provided by law, if a corporation is convicted of a misdemeanor or felony offense, the court may order the…
CHAPTER 10. Entitling Affidavits § 1401 · 1 section
- § 1401 It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if…
CHAPTER 11. Errors and Mistakes in Pleadings and Other Proceedings §§ 1404–1405.1 · 3 sections
- § 1404 Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it…
- § 1405 (a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion, pursuant to subdivision (d), before the…
- § 1405.1 (a) When the court grants a motion for DNA testing pursuant to Section 1405 and a DNA profile of an unknown contributor is generated, the court may conduct a…
CHAPTER 12. Disposal of Property Stolen or Embezzled §§ 1407–1413 · 7 sections
- § 1407 When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he shall hold it subject to the provisions of this chapter…
- § 1408 On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given…
- § 1409 If property stolen or embezzled comes into the custody of the magistrate, it shall be delivered, without prejudice to the state, to the owner upon his…
- § 1410 If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, upon the…
- § 1411 (a) If the ownership of the property stolen or embezzled and the address of the owner, and the address of the owner of a security interest therein, can be…
- § 1412 When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate…
- § 1413 (a) The clerk or person having charge of the property section for any police department in any incorporated city or town, or for any sheriff’s department in…
CHAPTER 13. Disposition of Evidence in Criminal Cases §§ 1417–1417.9 · 9 sections
- § 1417 All exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall establish a…
- § 1417.1 No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the…
- § 1417.2 Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit…
- § 1417.3 (a) At any time prior to the final determination of the action or proceeding, exhibits offered by the state or defendant shall be returned to the party…
- § 1417.5 Except as provided in Section 1417.6, 60 days after the final determination of a criminal action or proceeding, the clerk of the court shall dispose of all…
- § 1417.6 (a) The provisions of Section 1417.5 shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any kind…
- § 1417.7 Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney…
- § 1417.8 (a) Notwithstanding any other provision of this chapter, the court shall direct that any photograph of any minor that has been found by the court to be harmful…
- § 1417.9 (a) Notwithstanding any other law and subject to subdivisions (b) and (c), the appropriate governmental entity shall retain any object or material that…
CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk §§ 1420–1422 · 3 sections
- § 1420 All money received by a district attorney or clerk of the court in any criminal action or proceeding, the owner or owners of which are unknown, and which…
- § 1421 The notice shall state the amount of money, the criminal action or proceeding in which the money was received by the district attorney or clerk of the court,…
- § 1422 Unless some person files a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county…
CHAPTER 15. Disqualification of Prosecuting Attorneys §§ 1424–1424.5 · 2 sections
- § 1424 (a) (1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney…
- § 1424.5 (a) (1) Upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant, material exculpatory evidence or…