§ 978.5. — 978.5. (Repealed (in Sec. 3) and added by Stats. 2022, Ch. 856, Sec. 4.)

California § 978.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 6.
• Part 2.: TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
• Ch. 1.: CHAPTER 1. Of the Arraignment of the Defendant

Text

(a)
A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1)
If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)
If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to
personally appear in court at a specific time and place.
(3)
If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4)
If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)
If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)
If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)
The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)
This section shall become operative January 1, 2026.

Legislative History

Repealed (in Sec. 3) and added by Stats. 2022, Ch. 856, Sec. 4. (AB 2294) Effective September 30, 2022. Operative January 1, 2026, by its own provisions.