California Statutes

§ 861.5. — 861.5. (Amended by Stats. 2005, Ch. 279, Sec. 7.)

California § 861.5.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title3.
Part 2.TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE
Ch. 7.CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

This text of California § 861.5. (861.5. (Amended by Stats. 2005, Ch. 279, Sec. 7.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cal. Penal Code - PEN Code § 861.5. (2026).

Text

Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288. The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness’ next appearance in the preliminary examination.

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Legislative History

Amended by Stats. 2005, Ch. 279, Sec. 7. Effective January 1, 2006.

Nearby Sections

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California § 861.5., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/861.5..