"u.s.a"california penal code

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723. When a sheriff or other public officer authorized to execute
process finds, or has reason to apprehend, that resistance will be
made to the execution of the process, the officer may command as many
able-bodied inhabitants of the officer's county as he or she may
think proper to assist in overcoming the resistance and, if
necessary, in seizing, arresting, and confining the persons
resisting, and their aiders and abettors.



724. The officer must certify to the Court from which the process
issued the names of the persons resisting, and their aiders and
abettors, to the end that they may be proceeded against for their
contempt of Court.


726. Where any number of persons, whether armed or not, are
unlawfully or riotously assembled, the sheriff of the county and his
or her deputies, the officials governing the town or city, or any of
them, must go among the persons assembled, or as near to them as
possible, and command them, in the name of the people of the state,
immediately to disperse.



727. If the persons assembled do not immediately disperse, such
magistrates and officers must arrest them, and to that end may
command the aid of all persons present or within the county.

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[align=left]737. All felonies shall be prosecuted by indictment or
information, except as provided in Section 859a. A proceeding
pursuant to Section 3060 of the Government Code shall be prosecuted
by accusation.



738. Before an information is filed there must be a preliminary
examination of the case against the defendant and an order holding
him to answer made under Section 872. The proceeding for a
preliminary examination must be commenced by written complaint, as
provided elsewhere in this code.



739. When a defendant has been examined and committed, as provided
in Section 872, it shall be the duty of the district attorney of the
county in which the offense is triable to file in the superior court
of that county within 15 days after the commitment, an information
against the defendant which may charge the defendant with either the
offense or offenses named in the order of commitment or any offense
or offenses shown by the evidence taken before the magistrate to have
been committed. The information shall be in the name of the people
of the State of California and subscribed by the district attorney.



740. Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath
subscribed by the complainant. Such complaint may be verified on
information and belief.[/align]

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750. Notwithstanding any other provision of law, in the event that
the superior court of a county having a population in excess of six
million has discontinued, on or after December 1, 1991, a nightcourt
policy or program with respect to criminal cases, the policy or
program shall, upon approval of the board of supervisors, be
substantially reinstated, with at least the average level of staffing
and session scheduling which occurred during the period of six
months immediately prior to December 1, 1991.

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OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES


777. Every person is liable to punishment by the laws of this
State, for a public offense committed by him therein, except where it
is by law cognizable exclusively in the courts of the United States;
and except as otherwise provided by law the jurisdiction of every
public offense is in any competent court within the jurisdictional
territory of which it is committed.



777a. If a parent violates the provisions of Section 270 of this
code, the jurisdiction of such offense is in any competent court of
either the jurisdictional territory in which the minor child is cared
for or in which such parent is apprehended.



777b. Perjury, in violation of Section 118, committed outside of
the State of California is punishable in a competent court in the
jurisdictional territory in this state in which occurs the act,
transaction, matter, action, or proceeding, in relation to which the
testimony, declaration, deposition, or certification was given or
made.



778. When the commission of a public offense, commenced without the
State, is consummated within its boundaries by a defendant, himself
outside the State, through the intervention of an innocent or guilty
agent or any other means proceeding directly from said defendant, he
is liable to punishment therefor in this State in any competent court
within the jurisdictional territory of which the offense is
consummated.



778a. (a) Whenever a person, with intent to commit a crime, does
any act within this state in execution or part execution of that
intent, which culminates in the commission of a crime, either within
or without this state, the person is punishable for that crime in
this state in the same manner as if the crime had been committed
entirely within this state.
(b) Whenever a person who, within this state, kidnaps another
person within the meaning of Sections 207 and 209, and thereafter
carries the person into another state or country and commits any
crime of violence or theft against that person in the other state or
country, the person is punishable for that crime of violence or theft
in this state in the same manner as if the crime had been committed
within this state.


778b. Every person who, being out of this state, causes, aids,
advises, or encourages any person to commit a crime within this
state, and is afterwards found within this state, is punishable in
the same manner as if he had been within this state when he caused,
aided, advised, or encouraged the commission of such crime.




781. When a public offense is committed in part in one
jurisdictional territory and in part in another, or the acts or
effects thereof constituting or requisite to the consummation of the
offense occur in two or more jurisdictional territories, the
jurisdiction of such offense is in any competent court within either
jurisdictional territory.



782. When a public offense is committed on the boundary of two or
more jurisdictional territories, or within 500 yards thereof, the
jurisdiction of such offense is in any competent court within either
jurisdictional territory.


783. When a public offense is committed in this State, on board a
vessel navigating a river, bay, slough, lake, or canal, or lying
therein, in the prosecution of its voyage, or on a railroad train or
car, motor vehicle, common carrier transporting passengers or on an
aircraft prosecuting its trip, the jurisdiction is in any competent
court, through, on, or over the jurisdictional territory of which the
vessel, train, car, motor vehicle, common carrier or aircraft passes
in the course of its voyage or trip, or in the jurisdictional
territory of which the voyage or trip terminates.



783.5. When a public offense is committed in a park situated in
more than one county, the jurisdiction over such an offense is in any
competent court in any county in which any part of the park is
situated. "Park," as used in this section means any area of land, or
water, or both, which has been designated as a park or recreation
area by any public agency or political subdivision of this state.




784. The jurisdiction of a criminal action:
(a) For forcibly and without lawful authority seizing and
confining another, or inveigling or kidnapping another, with intent,
against his or her will, to cause him or her to be secretly confined
or imprisoned in this state, or to be sent out of the state, or from
one county to another, or to be sold as a slave, or in any way held
to service;
(b) For inveigling, enticing, or taking away any person for the
purpose of concubinage or prostitution, as defined in subdivision (b)
of Section 647;
Is in any competent court within the jurisdictional territory in
which the offense was committed, or in the jurisdictional territory
out of which the person upon whom the offense was committed was taken
or within the jurisdictional territory in which an act was done by
the defendant in instigating, procuring, promoting, or aiding in the
commission of the offense, or in abetting the parties concerned
therein.



784.5. The jurisdiction of a criminal action for a violation of
Section 277, 278, or 278.5 shall be in any one of the following
jurisdictional territories:
(a) Any jurisdictional territory in which the victimized person
resides, or where the agency deprived of custody is located, at the
time of the taking or deprivation.
(b) The jurisdictional territory in which the minor child was
taken, detained, or concealed.
(c) The jurisdictional territory in which the minor child is
found.
When the jurisdiction lies in more than one jurisdictional
territory, the district attorneys concerned may agree which of them
will prosecute the case.



784.7. (a) When more than one violation of Section 220, except
assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288,
288a, 288.5, or 289 occurs in more than one jurisdictional
territory, the jurisdiction of any of those offenses, and for any
offenses properly joinable with that offense, is in any jurisdiction
where at least one of the offenses occurred, subject to a hearing,
pursuant to Section 954, within the jurisdiction of the proposed
trial. At the Section 954 hearing, the prosecution shall present
evidence in writing that all district attorneys in counties with
jurisdiction of the offenses agree to the venue. Charged offenses
from jurisdictions where there is no written agreement from the
district attorney shall be returned to that jurisdiction.
(b) When more than one violation of Section 273a, 273.5, or 646.9
occurs in more than one jurisdictional territory, and the defendant
and the victim are the same for all of the offenses, the jurisdiction
of any of those offenses and for any offenses properly joinable with
that offense, is in any jurisdiction where at least one of the
offenses occurred.



785. When the offense of incest is committed in the jurisdictional
territory of one competent court and the defendant is apprehended in
the jurisdictional territory of another competent court the
jurisdiction is in either court.
When the offense of bigamy is committed, the jurisdiction is in
any competent court within the jurisdictional territory of which the
marriage took place, or cohabitation occurred or the defendant was
apprehended.


786. (a) When property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or when property is received in one
jurisdictional territory with the knowledge that it has been stolen
or embezzled and the property was stolen or embezzled in another
jurisdictional territory, the jurisdiction of the offense is in any
competent court within either jurisdictional territory, or any
contiguous jurisdictional territory if the arrest is made within the
contiguous territory, the prosecution secures on the record the
defendant's knowing, voluntary, and intelligent waiver of the right
of vicinage, and the defendant is charged with one or more property
crimes in the arresting territory.
(b) (1) The jurisdiction of a criminal action for unauthorized use
of personal identifying information, as defined in Section 530.5 of
the Penal Code, shall also include the county where the theft of the
personal identifying information occurred, or the county where the
information was used for an illegal purpose. If multiple offenses of
unauthorized use of personal identifying information, all involving
the same defendant or defendants and the same personal identifying
information belonging to the one person, occur in multiple
jurisdictions, any one of those jurisdictions is a proper
jurisdiction for all of the offenses.
(2) When charges alleging multiple offenses of unauthorized use of
personal identifying information occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall
present evidence to the court that the district attorney in each
county where any of the charges could have been filed has agreed that
the matter should proceed in the county of filing. In determining
whether all counts in the complaint should be joined in one county
for prosecution, the court shall consider the location and complexity
of the likely evidence, where the majority of the offenses occurred,
the rights of the defendant and the people, and the convenience of,
or hardship to, the victim and witnesses.
(c) This section shall not be interpreted to alter victims' rights
under Section 530.6.



787. When multiple offenses punishable under one or more of
Sections 11418, 11418.5, and 11419 occur in more than one
jurisdictional territory, and the offenses are part of a single
scheme or terrorist attack, the jurisdiction of any of those offenses
is in any jurisdiction where at least one of those offenses
occurred.



788. The jurisdiction of a criminal action for treason, when the
overt act is committed out of the State, is in any county of the
State.


789. The jurisdiction of a criminal action for stealing or
embezzling, in any other state, the property of another, or receiving
it knowing it to have been stolen or embezzled, and bringing the
same into this State, is in any competent court into or through the
jurisdictional territory of which such stolen or embezzled property
has been brought.



790. (a) The jurisdiction of a criminal action for murder or
manslaughter is in the county where the fatal injury was inflicted or
in the county in which the injured party died or in the county in
which his or her body was found. However, if the defendant is
indicted in the county in which the fatal injury was inflicted, at
any time before his or her trial in another county, the sheriff of
the other county shall, if the defendant is in custody, deliver the
defendant upon demand to the sheriff of the county in which the fatal
injury was inflicted. When the fatal injury was inflicted and the
injured person died or his or her body was found within five hundred
yards of the boundary of two or more counties, jurisdiction is in
either county.
(b) If a defendant is charged with a special circumstance pursuant
to paragraph (3) of subdivision (a) of Section 190.2, the
jurisdiction for any charged murder, and for any crimes properly
joinable with that murder, shall be in any county that has
jurisdiction pursuant to subdivision (a) for one or more of the
murders charged in a single complaint or indictment as long as the
charged murders are "connected together in their commission," as that
phrase is used in Section 954, and subject to a hearing in the
jurisdiction where the prosecution is attempting to consolidate the
charged murders. If the charged murders are not joined or
consolidated, the murder that was charged outside of the county that
has jurisdiction pursuant to subdivision (a) shall be returned to
that county.



791. In the case of an accessory, as defined in Section 32, in the
commission of a public offense, the jurisdiction is in any competent
court within the jurisdictional territory of which the offense of the
accessory was committed, notwithstanding the principal offense was
committed in another jurisdictional territory.




792. The jurisdiction of a criminal action against a principal in
the commission of a public offense, when such principal is not
present at the commission of the offense is in the same court it
would be under this code if he were so present and aiding and
abetting therein.



793. When an act charged as a public offense is within the
jurisdiction of the United States, or of another state or territory
of the United States, as well as of this state, a conviction or
acquittal thereof in that other jurisdiction is a bar to the
prosecution or indictment in this state.



793.5. Any person convicted of a crime based upon an act or
omission for which he or she has been acquitted or convicted in
another country shall be entitled to credit for any actual time
served in custody in a penal institution in that country for the
crime.



794. Where an offense is within the jurisdiction of two or more
courts, a conviction or acquittal thereof in one court is a bar to a
prosecution therefor in another.



795. The jurisdiction of a violation of Sections 412, 413, or 414,
or a conspiracy to violate any of said sections, is in any competent
court within the jurisdictional territory of which:
First. Any act is done towards the commission of the offense; or,
Second. The offender passed, whether into, out of, or through it,
to commit the offense; or,
Third. The offender is arrested.
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799. Prosecution for an offense punishable by death or by
imprisonment in the state prison for life or for life without the
possibility of parole, or for the embezzlement of public money, may
be commenced at any time.
This section shall apply in any case in which the defendant was a
minor at the time of the commission of the offense and the
prosecuting attorney could have petitioned the court for a fitness
hearing pursuant to Section 707 of the Welfare and Institutions Code.




800. Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be commenced within six years after commission of the
offense.


801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.



801.1. (a) Notwithstanding any other limitation of time described
in this chapter, prosecution for a felony offense described in
Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as
enacted by Chapter 293 of the Statutes of 1991 relating to
penetration by an unknown object, that is alleged to have been
committed when the victim was under the age of 18 years, may be
commenced any time prior to the victim's 28th birthday.
(b) Notwithstanding any other limitation of time described in this
chapter, if subdivision (a) does not apply, prosecution for a felony
offense described in subdivision (c) of Section 290 shall be
commenced within 10 years after commission of the offense.



801.2. Notwithstanding any other limitation of time prescribed in
this chapter, prosecution for a violation of subdivision (b) of
Section 311.4 shall commence within 10 years of the date of
production of the pornographic material.


801.5. Notwithstanding Section 801 or any other provision of law,
prosecution for any offense described in subdivision (c) of Section
803 shall be commenced within four years after discovery of the
commission of the offense, or within four years after the completion
of the offense, whichever is later.



801.6. Notwithstanding any other limitation of time described in
this chapter, prosecution for any offense proscribed by Section 368,
except for a violation of any provision of law proscribing theft or
embezzlement, may be filed at any time within five years from the
date of occurrence of such offense.



802. (a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison shall be commenced within one year after commission
of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or
former Section 647a committed with or upon a minor under the age of
14 years shall be commenced within three years after commission of
the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the
Business and Professions Code shall be commenced within two years
after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
Business and Professions Code, within one year of the commission of
the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),
7159.14 (licensee only), 7161, and 7189 of the Business and
Professions Code, within two years of the commission of the offense.

(3) With respect to Sections 7027.3 and 7028.16 of the Business
and Professions Code, within three years of the commission of the
offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only) and
7159.14 (nonlicensee only), of the Business and Professions Code,
within four years of the commission of the offense.
(e) This section shall become operative on July 1, 2005, only if
Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
effective on or before January 1, 2005.



803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.

(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison, a material element of which is
fraud or breach of a fiduciary obligation, the commission of the
crimes of theft or embezzlement upon an elder or dependent adult, or
the basis of which is misconduct in office by a public officer,
employee, or appointee, including, but not limited to, the following
offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 10690 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under the age of 18
years, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of
the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
(B) The crime involved substantial ***ual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
(C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
(3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
(4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
(B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(C) This subdivision shall not apply where a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
(A) The crime is one that is described in subdivision (c) of
Section 290.
(B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
(2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.



803.5. With respect to a violation of Section 115 or 530.5, a
limitation of time prescribed in this chapter does not commence to
run until the discovery of the offense.



803.6. (a) If more than one time period described in this chapter
applies, the time for commencing an action shall be governed by that
period that expires the latest in time.
(b) Any change in the time period for the commencement of
prosecution described in this chapter applies to any crime if
prosecution for the crime was not barred on the effective date of the
change by the statute of limitations in effect immediately prior to
the effective date of the change.
(c) This section is declaratory of existing law.



804. Except as otherwise provided in this chapter, for the purpose
of this chapter, prosecution for an offense is commenced when any of
the following occurs:
(a) An indictment or information is filed.
(b) A complaint is filed charging a misdemeanor or infraction.
(c) A case is certified to the superior court.
(d) An arrest warrant or bench warrant is issued, provided the
warrant names or describes the defendant with the same degree of
particularity required for an indictment, information, or complaint.



805. For the purpose of determining the applicable limitation of
time pursuant to this chapter:
(a) An offense is deemed punishable by the maximum punishment
prescribed by statute for the offense, regardless of the punishment
actually sought or imposed. Any enhancement of punishment prescribed
by statute shall be disregarded in determining the maximum
punishment prescribed by statute for an offense.
(b) The limitation of time applicable to an offense that is
necessarily included within a greater offense is the limitation of
time applicable to the lesser included offense, regardless of the
limitation of time applicable to the greater offense.[/align]

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806. A proceeding for the examination before a magistrate of a
person on a charge of a felony must be commenced by written complaint
under oath subscribed by the complainant and filed with the
magistrate. Such complaint may be verified on information and
belief. When the complaint is used as a pleading to which the
defendant pleads guilty under Section 859a of this code, the
complaint shall contain the same allegations, including the charge of
prior conviction or convictions of crime, as are required for
indictments and informations and, wherever applicable, shall be
construed and shall have substantially the same effect as provided in
this code for indictments and informations.



807. A magistrate is an officer having power to issue a warrant for
the arrest of a person charged with a public offense.



808. The following persons are magistrates:
(a) The judges of the Supreme Court.
(b) The judges of the courts of appeal.
(c) The judges of the superior courts.



809. The night-time commissioner of the Santa Clara County Superior
Court shall be considered a magistrate for the purpose of conducting
prompt probable cause hearings for persons arrested without an
arrest warrant as mandated by law.


810. (a) The presiding judge of the superior court in a county
shall, as often as is necessary, designate on a schedule not less
than one judge of the court to be reasonably available on call as a
magistrate for the setting of orders for discharge from actual
custody upon bail, the issuance of search warrants, and for such
other matters as may by the magistrate be deemed appropriate, at all
times when a court is not in session in the county.
(b) The officer in charge of a jail, or a person the officer
designates, in which an arrested person is held in custody shall
assist the arrested person or the arrested person's attorney in
contacting the magistrate on call as soon as possible for the purpose
of obtaining release on bail.
(c) Any telephone call made pursuant to this section by an
arrested person while in custody or by such person's attorney shall
not count or be considered as a telephone call for purposes of
Section 851.5 of the Penal Code.[/align]

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813. (a) When a complaint is filed with a magistrate charging a
felony originally triable in the superior court of the county in
which he or she sits, if, and only if, the magistrate is satisfied
from the complaint that the offense complained of has been committed
and that there is reasonable ground to believe that the defendant has
committed it, the magistrate shall issue a warrant for the arrest of
the defendant, except that, upon the request of the prosecutor, a
summons instead of an arrest warrant shall be issued.
(b) A summons issued pursuant to this section shall be in
substantially the same form as an arrest warrant and shall contain
all of the following:
(1) The name of the defendant.
(2) The date and time the summons was issued.
(3) The city or county where the summons was issued.
(4) The signature of the magistrate, judge, justice, or other
issuing authority who is issuing the summons with the title of his or
her office and the name of the court or other issuing agency.
(5) The offense or offenses with which the defendant is charged.
(6) The time and place at which the defendant is to appear.
(7) Notification that the defendant is to complete the booking
process on or before his or her first court appearance, as well as
instructions for the defendant on completing the booking process.
(8) A provision for certification by the booking agency that the
defendant has completed the booking process which shall be presented
to the court by the defendant as proof of booking.
(c) If a defendant has been properly served with a summons and
thereafter fails to appear at the designated time and place, a bench
warrant for arrest shall issue. In the absence of proof of actual
receipt of the summons by the defendant, a failure to appear shall
not be used in any future proceeding.
(d) A defendant who responds to a summons issued pursuant to this
section and who has not been booked as provided in subdivision (b)
shall be ordered by the court to complete the booking process.
(e) The prosecutor shall not request the issuance of a summons in
lieu of an arrest warrant as provided in this section under any of
the following circumstances:
(1) The offense charged involves violence.
(2) The offense charged involves a firearm.
(3) The offense charged involves resisting arrest.
(4) There are one or more outstanding arrest warrants for the
person.
(5) The prosecution of the offense or offenses with which the
person is charged, or the prosecution of any other offense or
offenses would be jeopardized.
(6) There is a reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be imminently endangered.
(7) There is reason to believe that the person would not appear at
the time and place specified in the summons.



814. A warrant of arrest issued under Section 813 may be in
substantially the following form:
County of ____
The people of the State of California to any peace officer of said
State:
Complaint on oath having this day been laid before me that the
crime of ____ (designating it generally) has been committed and
accusing ____ (naming defendant) thereof, you are therefore commanded
forthwith to arrest the above named defendant and bring him before
me at ____ (naming the place), or in case of my absence or inability
to act, before the nearest or most accessible magistrate in this
county.


Dated at ____ (place) this ____ day of ____, 19__.

__________________________________________________ ______
(Signature and full official title of magistrate.)




815. A warrant of arrest shall specify the name of the defendant
or, if it is unknown to the magistrate, judge, justice, or other
issuing authority, the defendant may be designated therein by any
name. It shall also state the time of issuing it, and the city or
county where it is issued, and shall be signed by the magistrate,
judge, justice, or other issuing authority issuing it with the title
of his office and the name of the court or other issuing agency.



815a. At the time of issuing a warrant of arrest, the magistrate
shall fix the amount of bail which in his judgment in accordance with
the provisions of section 1275 will be reasonable and sufficient for
the appearance of the defendant following his arrest, if the offense
is bailable, and said magistrate shall endorse upon said warrant a
statement signed by him, with the name of his office, dated at the
county, city or town where it is made to the following effect "The
defendant is to be admitted to bail in the sum of ____ dollars"
(stating the amount).



816. A warrant of arrest shall be directed generally to any peace
officer, or to any public officer or employee authorized to serve
process where the warrant is for a violation of a statute or
ordinance which such person has the duty to enforce, in the state,
and may be executed by any of those officers to whom it may be
delivered.
When a warrant of arrest has been delivered to a peace officer and
the person named in the warrant is otherwise lawfully in the custody
of the peace officer, the warrant may be executed by the peace
officer or by any clerk of a city or county jail authorized to act
and acting under the peace officer's direction.



816a. A summons issued pursuant to Section 813 shall be served by
any peace officer, or any public officer or employee authorized to
serve process when the summons is for a violation of a statute or
ordinance which that person has the duty to enforce, within the
state. Upon service of the summons, the officer or employee shall
deliver one copy of the summons to the defendant and shall file a
duplicate copy with the magistrate before whom the defendant is to
appear.


817. (a) (1) When a declaration of probable cause is made by a
peace officer of this state, in accordance with subdivision (b) or
(c), the magistrate, if, and only if, satisfied from the declaration
that there exists probable cause that the offense described in the
declaration has been committed and that the defendant described
therein has committed the offense, shall issue a warrant of probable
cause for the arrest of the defendant.
(2) The warrant of probable cause for arrest shall not begin a
complaint process pursuant to Section 740 or 813. The warrant of
probable cause for arrest shall have the same authority for service
as set forth in Section 840 and the same time limitations as that of
an arrest warrant issued pursuant to Section 813.
(b) The declaration in support of the warrant of probable cause
for arrest shall be a sworn statement made in writing.
(c) In lieu of the written declaration required in subdivision
(b), the magistrate may take an oral statement under oath under
either of the following conditions:
(1) The oath shall be taken under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be the
declaration for the purposes of this section. The recording of the
sworn oral statement and the transcribed statement shall be certified
by the magistrate receiving it and shall be filed with the clerk of
the court. In the alternative, the sworn oral statement may be
recorded by a certified court reporter who shall certify the
transcript of the statement, after which the magistrate receiving it
shall certify the transcript, which shall be filed with the clerk of
the court.
(2) The oath is made using telephone and facsimile transmission
equipment, or made using telephone and electronic mail, under all of
the following conditions:
(A) The oath is made during a telephone conversation with the
magistrate, after which the declarant shall sign his or her
declaration in support of the warrant of probable cause for arrest.
The declarant's signature shall be in the form of a digital signature
if electronic mail is used for transmission to the magistrate. The
proposed warrant and all supporting declarations and attachments
shall then be transmitted to the magistrate utilizing facsimile
transmission equipment or electronic mail.
(B) The magistrate shall confirm with the declarant the receipt of
the warrant and the supporting declarations and attachments. The
magistrate shall verify that all the pages sent have been received,
that all pages are legible, and that the declarant's signature, or
digital signature, is acknowledged as genuine.
(C) If the magistrate decides to issue the warrant, he or she
shall:
(i) Cause the warrant, supporting declarations, and attachments,
to be printed if received by electronic mail.
(ii) Sign the warrant.
(iii) Note on the warrant the exact date and time of the issuance
of the warrant.
(iv) Indicate on the warrant that the oath of the declarant was
administered orally over the telephone.
The completed warrant, as signed by the magistrate, shall be
deemed to be the original warrant.
(D) The magistrate shall transmit via facsimile transmission
equipment, or via electronic mail, the signed warrant to the
declarant who shall telephonically acknowledge its receipt. The
magistrate shall then telephonically authorize the declarant to write
the words "duplicate original" on the copy of the completed warrant
transmitted to the declarant and this document shall be deemed to be
a duplicate original warrant.
(d) Before issuing a warrant, the magistrate may examine under
oath the person seeking the warrant and any witness the person may
produce, take the written declaration of the person or witness, and
cause the person or witness to subscribe the declaration.
(e) A warrant of probable cause for arrest shall contain the
information required pursuant to Sections 815 and 815a.
(f) A warrant of probable cause for arrest may be in substantially
the following form:


County of ______, State of California.

The people of the State of California to any peace officer of the
STATE:

Proof by declaration under penalty of perjury having been made
this day to me by ______________________________________________,
(name of affiant)

I find that there is probable cause to believe that the crime(s)
of __________________________________________________ ____________
(designate the crime/s)
has (have) been committed by the defendant named and described
below.

Therefore, you are commanded to arrest
______________________________________ and to bring the defendant
(name of defendant)
before any magistrate in __________ County pursuant to Sections
821, 825, 826, and 848 of the Penal Code.

Defendant is admitted to bail in the amount of ________ dollars
($____).

Time Issued: ______________ ______________________________
(Signature of the Judge)
Dated: ______________________ Judge of the __________ Court

(g) An original warrant of probable cause for arrest or the
duplicate original warrant of probable cause for arrest shall be
sufficient for booking a defendant into custody.
(h) Once the defendant named in the warrant of probable cause for
arrest has been taken into custody, the agency which obtained the
warrant shall file a "certificate of service" with the clerk of the
issuing court. The certificate of service shall contain all of the
following:
(1) The date and time of service.
(2) The name of the defendant arrested.
(3) The location of the arrest.
(4) The location where the defendant was incarcerated.




817.5. (a) On or after June 30, 2001, upon the issuance of any
arrest warrant, the issuing law enforcement agency may enter the
warrant information into the Department of Justice's Wanted Persons
System.
(b) Notwithstanding any other provision of law, any state or
local governmental agency shall, upon request, provide to the
Department of Justice, a court, or any California law enforcement
agency, the address of any person represented by the department, the
court, or the law enforcement agency to be a person for whom there is
an outstanding arrest warrant.



818. In any case in which a peace officer serves upon a person a
warrant of arrest for a misdemeanor offense under the Vehicle Code or
under any local ordinance relating to stopping, standing, parking,
or operation of a motor vehicle and where no written promise to
appear has been filed and the warrant states on its face that a
citation may be used in lieu of physical arrest, the peace officer
may, instead of taking the person before a magistrate, prepare a
notice to appear and release the person on his promise to appear, as
prescribed by Sections 853. 6 through 853.8 of the Penal Code.
Issuance of a notice to appear and securing of a promise to appear
shall be deemed a compliance with the directions of the warrant, and
the peace officer issuing such notice to appear and obtaining such
promise to appear shall endorse on the warrant "Section 818, Penal
Code, complied with" and return the warrant to the magistrate who
issued it.


821. If the offense charged is a felony, and the arrest occurs in
the county in which the warrant was issued, the officer making the
arrest must take the defendant before the magistrate who issued the
warrant or some other magistrate of the same county.
If the defendant is arrested in another county, the officer must,
without unnecessary delay, inform the defendant in writing of his
right to be taken before a magistrate in that county, note on the
warrant that he has so informed defendant, and, upon being required
by defendant, take him before a magistrate in that county, who must
admit him to bail in the amount specified in the endorsement referred
to in Section 815a, and direct the defendant to appear before the
court or magistrate by whom the warrant was issued on or before a day
certain which shall in no case be more than 25 days after such
admittance to bail. If bail be forthwith given, the magistrate shall
take the same and endorse thereon a memorandum of the aforesaid
order for the appearance of the defendant, or, if the defendant so
requires, he may be released on bail set on the warrant by the
issuing court, as provided in Section 1269b of this code, without an
appearance before a magistrate.
If the warrant on which the defendant is arrested in another
county does not have bail set thereon, or if the defendant arrested
in another county does not require the arresting officer to take him
before a magistrate in that county for the purpose of being admitted
to bail, or if such defendant, after being admitted to bail, does not
forthwith give bail, the arresting officer shall immediately notify
the law enforcement agency requesting the arrest in the county in
which the warrant was issued that such defendant is in custody, and
thereafter such law enforcement agency shall take custody of the
defendant within five days, or five court days if the law enforcement
agency requesting the arrest is more than 400 miles from the county
in which the defendant is held in custody, in the county in which he
was arrested and shall take such defendant before the magistrate who
issued the warrant, or before some other magistrate of the same
county.



822. If the offense charged is a misdemeanor, and the defendant is
arrested in another county, the officer must, without unnecessary
delay, inform the defendant in writing of his right to be taken
before a magistrate in that county, note on the warrant that he has
so informed defendant, and, upon being required by defendant, take
him before a magistrate in that county, who must admit him to bail in
the amount specified in the indorsement referred to in Section 815a,
or if no bail is specified, the magistrate may set bail; if the
defendant is admitted to bail the magistrate shall direct the
defendant to appear before the court or magistrate by whom the
warrant was issued on or before a day certain which shall in no case
be more than 25 days after such admittance to bail. If bail be
forthwith given, the magistrate shall take the same and indorse
thereon a memorandum of the aforesaid order for the appearance of the
defendant.
If the defendant arrested in another county on a misdemeanor
charge does not require the arresting officer to take him before a
magistrate in that county for the purpose of being admitted to bail,
or if such defendant, after being admitted to bail, does not
forthwith give bail, the arresting officer shall immediately notify
the law enforcement agency requesting the arrest in the county in
which the warrant was issued that such defendant is in custody, and
thereafter such law enforcement agency shall take custody of such
defendant within five days in the county in which he was arrested and
shall take such defendant before the magistrate who issued the
warrant, or before some other magistrate of the same county.
If a defendant is arrested in another county on a warrant charging
the commission of a misdemeanor, upon which warrant the amount of
bail is indorsed as provided in Section 815a, and defendant is held
in jail in the county of arrest pending appearance before a
magistrate, the officer in charge of the jail shall, to the same
extent as provided by Section 1269b, have authority to approve and
accept bail from defendant in the amount indorsed on the warrant, to
issue and sign an order for the release of the defendant, and, on
posting of such bail, shall discharge defendant from custody.




823. On taking the bail, the magistrate must certify that fact on
the warrant, and deliver the warrant to the officer having charge of
the defendant. The magistrate shall issue to defendant a receipt for
the undertaking of bail. The officer must then discharge the
defendant from arrest, and must, without delay, deliver the warrant
to the clerk of the court at which the defendant is required to
appear. If the undertaking of bail is in the form of a bond, the
magistrate shall forward the bond to the court at which defendant is
required to appear. If the undertaking is in the form of cash, the
magistrate shall deposit the cash in the county treasury, notifying
the county auditor thereof, and the county auditor shall, by warrant,
transmit the amount of the undertaking to the court at which the
defendant is required to appear. If authorized by the county
auditor, the magistrate may deposit the money in a bank account
pursuant to Section 68084 of the Government Code, and by check drawn
on such bank account transmit the amount of the undertaking to the
court at which the defendant is required to appear.



824. When an adult willfully misrepresents himself or herself to be
a minor under 18 years of age when taken into custody and this
misrepresentation effects a material delay in investigation which
prevents the filing of a criminal complaint against him or her in a
court of competent jurisdiction within 48 hours, the complaint shall
be filed within 48 hours from the time the true age is determined,
excluding nonjudicial days.



825. (a) (1) Except as provided in paragraph (2), the defendant
shall in all cases be taken before the magistrate without unnecessary
delay, and, in any event, within 48 hours after his or her arrest,
excluding Sundays and holidays.
(2) When the 48 hours prescribed by paragraph (1) expire at a time
when the court in which the magistrate is sitting is not in session,
that time shall be extended to include the duration of the next
court session on the judicial day immediately following. If the
48-hour period expires at a time when the court in which the
magistrate is sitting is in session, the arraignment may take place
at any time during that session. However, when the defendant's
arrest occurs on a Wednesday after the conclusion of the day's court
session, and if the Wednesday is not a court holiday, the defendant
shall be taken before the magistrate not later than the following
Friday, if the Friday is not a court holiday.
(b) After the arrest, any attorney at law entitled to practice in
the courts of record of California, may, at the request of the
prisoner or any relative of the prisoner, visit the prisoner. Any
officer having charge of the prisoner who willfully refuses or
neglects to allow that attorney to visit a prisoner is guilty of a
misdemeanor. Any officer having a prisoner in charge, who refuses to
allow the attorney to visit the prisoner when proper application is
made, shall forfeit and pay to the party aggrieved the sum of five
hundred dollars ($500), to be recovered by action in any court of
competent jurisdiction.



825.5. Any physician and surgeon, including a psychiatrist,
licensed to practice in this state, or any psychologist licensed to
practice in this state who holds a doctoral degree and has at least
two years of experience in the diagnosis and treatment of emotional
and mental disorders, who is employed by the prisoner or his or her
attorney to assist in the preparation of the defense, shall be
permitted to visit the prisoner while he or she is in custody.



826. If on a warrant issued under Section 813 or 817 the defendant
is brought before a magistrate other than the one who issued the
warrant, the complaint on which the warrant was issued must be sent
to that magistrate, or if it cannot be procured, a new complaint may
be filed before that magistrate.



827. When a complaint is filed with a magistrate of the commission
of a felony originally triable in the superior court of another
county of the state than that in which the magistrate sits, but
showing that the defendant is in the county where the complaint is
filed, the same proceedings must be had as prescribed in this
chapter, except that the warrant must require the defendant to be
taken before the nearest or most accessible magistrate of the county
in which the offense is triable, and the complaint must be delivered
by the magistrate to the officer to whom the warrant is delivered.



827.1. A person who is specified or designated in a warrant of
arrest for a misdemeanor offense may be released upon the issuance of
a citation, in lieu of physical arrest, unless one of the following
conditions exists:
(a) The misdemeanor cited in the warrant involves violence.
(b) The misdemeanor cited in the warrant involves a firearm.
(c) The misdemeanor cited in the warrant involves resisting
arrest.
(d) The misdemeanor cited in the warrant involves giving false
information to a peace officer.
(e) The person arrested is a danger to himself or herself or
others due to intoxication or being under the influence of drugs or
narcotics.
(f) The person requires medical examination or medical care or was
otherwise unable to care for his or her own safety.
(g) The person has other ineligible charges pending against him or
her.
(h) There is reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be immediately endangered by the release of the person.
(i) The person refuses to sign the notice to appear.
(j) The person cannot provide satisfactory evidence of personal
identification.
(k) The warrant of arrest indicates that the person is not
eligible to be released on a citation.
The issuance of a citation under this section shall be undertaken
in the manner set forth in Sections 853.6 to 853.8, inclusive.




828. The officer who executes the warrant must take the defendant
before the nearest or most accessible magistrate of the county in
which the offense is triable, and must deliver to him the complaint
and the warrant, with his return endorsed thereon, and the magistrate
must then proceed in the same manner as upon a warrant issued by
himself.



829. When a complaint is filed with a magistrate of the commission
of a misdemeanor or infraction triable in another county of the state
than that in which the magistrate sits, but showing that the
defendant is in the county where the complaint is filed, the officer
must, upon being required by the defendant, take the defendant
before a magistrate of the county in which the warrant was issued,
who must admit the defendant to bail in the amount specified in the
endorsement referred to in Section 815a, and immediately transmit the
warrant, complaint, and undertaking to the clerk of the court in
which the defendant is required to appear.

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