CHAPTER 3. Security to Keep the Peace
Chapter 3 enacted 1872.
§§ 701–714 · 15 sections
- § 701 An information may be laid before any of the magistrates mentioned in Section 808, that a person has threatened to commit an offense against the person or…
- § 701.5 (a) Notwithstanding subdivision (b), no peace officer or agent of a peace officer shall use a person who is 12 years of age or younger as a minor informant.…
- § 702 When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in…
- § 703 If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the…
- § 704 When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The…
- § 705 If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.
- § 706 If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not…
- § 707 If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to…
- § 708 If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.
- § 709 The undertaking must be filed by the magistrate in the office of the Clerk of the county.
- § 710 A person who, in the presence of a Court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or…
- § 711 Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.
- § 712 Upon the District Attorney’s producing evidence of such conviction to the Superior Court of the county, the Court must order the undertaking to be prosecuted,…
- § 713 In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the…
- § 714 Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter.