CALIFORNIA PENAL CODE - California Courts - Home

1 CALIFORNIA PENAL code PA RT 2. OF CRIMINAL PROCEDURE TITLE 10. MISCELLANEOUS PROCEEDINGS CHAPTER 1. bail Article 1. In What Cases the Defendant May Be Admitted to bail 1268. Admission to bail defined 1268a. [Section repealed 1985.] 1269. Taking of bail defined; Manner and procedure; Destruction of bond 1269a. Orders admitting defendant to bail and approving undertaking 1269b. Persons authorized to approve and accept bail ; Adoption of uniform countywide schedule of bail ; Criteria; Transmittal of money and surety bonds; Failure to appear 1269c. Orders setting bail in excess of, or less than, schedule amount 1269d. [Section repealed 1985.] 1270. Entitlement to release on own recognizance Hearing prior to bail for person arrested for serious or violent felony or for certain other offenses including domestic violence or violation of domestic violence protective order; Reasons for departure from bail schedule; Departure from schedule without hearing Automatic review of order fixing bail Offenses not bailable 1271.

2 In what cases defendant may be admitted to bail before conviction 1272. Admission to bail on application for probation or on appeal Criteria for release on bail pending appeal 1273. Nature of bail 1274. When bail is matter of discretion, notice of application must be given to district attorney 1275. Matters considered in fixing amount of bail ; Reduction of bail below approved schedule Feloniously obtained bail 1276. Execution of bond or undertaking Disclosure for bail bond secured by real property lien Article 2. bail Upon Being Held To Answer Before Indictment Pt. 2, Tit. 10, Ch. 1, Art. 2 Note 1277. What magistrates may admit to bail 1278. Undertaking for bail ; Number of sureties; Form; Information to be provided 1279.

3 Qualifications of bail ; Justification of sureties 1280. bail , how to justify 1280a. Contents of affidavits for justification of bail 1280b. Judge or magistrate to file affidavits with county clerk Affidavit as attachment lien 1281. Allowance of bail ; Order for discharge; Release on bail 1281a. Justification and approval of bail for defendant charged with felony CALIFORNIA PENAL code PA RT 2. OF CRIMINAL PROCEDURE TITLE 10. MISCELLANEOUS PROCEEDINGS CHAPTER 1. bail Article 3. bail Upon an Indictment Before Conviction 1284. When offense not capital 1285. When offense capital; Delivery of defendant into custody 1286. bail on habeas corpus when offense capital 1287. Undertaking for bail ; Number of sureties; Form; Information to be provided 1288.

4 Applicability of Article 2 provisions 1289. Increase or reduction of bail Article 4. bail on Appeal 1291. Who may admit to bail 1292. Qualifications of bail and how put in, and condition of undertaking Article 5. Deposit Instead of bail 1295. Deposit in lieu of bail ; Delivery of certificate of deposit; Discharge of defendant [Section repealed 1961.] 1296. Deposit after bail is given and before forfeiture ; Exoneration of bail 1297. Receipts; Application of deposit to satisfy fine and costs; Refunds and returns; Notice of exoneration 1298. Deposit of bonds or equity in real property in lieu of money Article bail Fugitive Recovery Persons Act 1299. Citation of article Definitions Conditions for detention or arrest Requirements for specified individuals bail fugitive apprehension Documentation required Representing self as law enforcement officer; Apparel Notification prior to apprehension Forcible entry Carrying weapons Violations Licensure [Section repealed 2010.]

5 ] [Section repealed 2010.] CALIFORNIA PENAL code PA RT 2. OF CRIMINAL PROCEDURE TITLE 10. MISCELLANEOUS PROCEEDINGS CHAPTER 1. bail Article 6. Exoneration 1300. Procedure for exoneration of bail 1301. Arrest of defendant for purpose of surrender; Who may make 1302. Return of money deposit on surrender before forfeiture 1303. Exoneration on dismissal of proceeding; Application of bail to subsequent related offense 1304. Time for exoneration; Notice to court Article 7. forfeiture of the Undertaking of bail or of the Deposit of Money Pt. 2, Tit. 10, Ch. 1, Art. 7 Note 1305. Declaration of forfeiture ; Notice to surety or depositor; Vacating forfeiture ; Reinstatement of bail in lieu of exoneration; Disability; Extradition; Extension of jurisdiction Failure to appear Notice of assessment made as condition of discharge of forfeiture ; Payment procedure Recovery of costs and attorney's fees by prosecuting agency for opposing motion to vacate forfeiture Extension; Notice required Rules applicable to appeal from order on motion to vacate bail forfeiture Vacation of forfeiture and exoneration of bond; Conditions; Filing of motion; Notice 1306.

6 Enforcement of judgment on forfeiture of bail bond Payment of bail deposits in cases under Vehicle code 1307. Payment to county treasurer of forfeited deposit 1308. Surety on bail not accepted if summary judgment unpaid; Notice of entry of summary judgment 1309. [Section repealed 1998.] Article 8. Recommitment of the Defendant, After Having Given bail or Deposited Money Instead of bail 1310. Recommitment of defendant, in what cases 1311. Contents of order for recommitment 1312. Defendant may be arrested in any county 1313. If order issued for failure to appear for judgment, defendant must be committed 1314. If order issued for other cause, he may be admitted to bail 1315. bail in such case, by whom taken 1316.

7 Form of the undertaking 1317. bail must possess what qualifications, and how put in CALIFORNIA PENAL code PA RT 2. OF CRIMINAL PROCEDURE TITLE 10. MISCELLANEOUS PROCEEDINGS CHAPTER 1. bail Article 9. Procedure Relating to Release on Own Recognizance 1318. Prohibition against release from custody until defendant has signed release agreement; Contents Employment of investigative staff; Report in case of violent felony [Section repealed 1981.] [Section repealed 1981.] [Section repealed 1985.] [Section repealed 1985.] 1319. Violent felonies; Requirement of hearing prior to own recognizance release [Section repealed 1981.] [Section repealed 1981.] Requirement of hearing before own recognizance release of person who was arrested while on felony probation or parole or who has failed to appear in the past and has been arrested for specified offense [Section repealed 1981.]

8 ] Article 10. Violations 1320. Willful failure to appear Willful failure to appear for felony charge; Presumption CALIFORNIA PENAL code PART 2. OF CRIMINAL PROCEDURE TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE CHAPTER 3. COMPLAINTS BEFORE MAGISTRATES 806. Proceeding before magistrate 807. Magistrate defined 808. Persons who are magistrates 809. Night-time commissioner as magistrate 810. Designation of on call magistrate CHAPTER 4. THE WARRANT OF ARREST 811. [Section repealed 1951.] 812. [Section repealed 1951.] 813. Issuance of arrest warrant or summons; Contents of summons; Failure to appear 814. Form for arrest warrant 815. Contents of warrant 815a. Amount of bail 816.

9 Person to whom warrant to be directed; Execution 816a. Service of summons 817. Warrant of probable cause for arrest Entering arrest warrant information into Justice Department's Wanted Persons System; Availability of information about person with outstanding warrant 818. Citation in lieu of physical arrest 819. [Section repealed 1935.] 820. [Section repealed 1935.] 821. Procedure following arrest for felony 822. Procedure following arrest for misdemeanor 823. Admission to bail following arrest 824. Time for filing criminal complaint where adult wilfully misrepresents status as minor 825. Time limit for appearance before magistrate; Extension; Prisoner's right to visit by attorney; Penalty for officer's willful refusal to allow attorney to visit Right of physician or psychologist employed by defense to visit prisoner 826.

10 Hearing procedure when magistrate did not issue warrant 827. Proceedings on complaint for offense triable in another county Release of person arrested for misdemeanor on citation in lieu of physical arrest 828. Duty of officer executing warrant 829. Procedure when complaint filed in one county for offense triable in another county CALIFORNIA PENAL code PART 2. OF CRIMINAL PROCEDURE TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 1. OF THE ARRAIGNMENT OF THE DEFENDANT 976. Court of arraignment [Section repealed 2005.] 977. Presence of accused; Waiver; Two-way electronic audiovideo communication in lieu of physical presence of defendant Mentally ill or disabled defendant Two-way electronic audiovideo communication in lieu of physical presence of defendant [Section repealed 1990.]