"u.s.a"california penal code

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1295. (a) The defendant, or any other person, at any time after an
order admitting defendant to bail or after the arrest and booking of
a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
previously fixed by the judges of the court, and, upon delivering to
the officer in whose custody defendant is a certificate of the
deposit, the defendant must be discharged from custody.
(b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.

(c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.



1296. If the defendant has given bail, he may, at any time before
the forfeiture of the undertaking, in like manner deposit the sum
mentioned in the recognizance, and upon the deposit being made the
bail is exonerated.


1297. When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within 10 days after
the person claims it by submitting the receipt, and, if a claim is
not made within 10 days of the exoneration of bail, the clerk shall
immediately notify the depositor of the exoneration of bail.




1298. In lieu of a deposit of money, the defendant or any other
person may deposit bonds of the United States or of the State of
California of the face value of the cash deposit required, and these
bonds shall be treated in the same manner as a deposit of money or
the defendant or any other person may give as security any equity in
real property which he or she owns, provided that no charge is made
to the defendant or any other person for the giving as security of
any equity in real property. A hearing, at which witnesses may be
called or examined, shall be held before the magistrate to determine
the value of the equity and if the magistrate finds that the value of
the equity is equal to twice the amount of the cash deposit required
he or she shall allow the bail. The clerk shall, under order of the
court, when occasion arises therefor, sell the bonds or the equity
and apply the proceeds of the sale in the manner that a deposit of
cash may be required to be applied.
The county treasurer shall, upon request of the judge, keep the
deposit and return it to the clerk on order of the judge.[/align]

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1299. This article shall be known as the Bail Fugitive Recovery
Persons Act.


1299.01. For purposes of this article, the following terms shall
have the following meanings:
(a) "Bail fugitive" means a defendant in a pending criminal case
who has been released from custody under a financially secured
appearance, cash, or other bond and has had that bond declared
forfeited, or a defendant in a pending criminal case who has violated
a bond condition whereby apprehension and reincarceration are
permitted.
(b) "Bail" means a person licensed by the Department of Insurance
pursuant to Section 1800 of the Insurance Code.
(c) "Depositor of bail" means a person or entity who has deposited
money or bonds to secure the release of a person charged with a
crime or offense.
(d) "Bail fugitive recovery person" means a person who is provided
written authorization pursuant to Sections 1300 and 1301 by the bail
or depositor of bail, and is contracted to investigate, surveil,
locate, and arrest a bail fugitive for surrender to the appropriate
court, jail, or police department, and any person who is employed to
assist a bail or depositor of bail to investigate, surveil, locate,
and arrest a bail fugitive for surrender to the appropriate court,
jail, or police department.



1299.02. (a) No person, other than a certified law enforcement
officer, shall be authorized to apprehend, detain, or arrest a bail
fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or
a depositor of bail as defined in subdivision (c) of Section 1299.01.

(2) Is a bail fugitive recovery person as defined in subdivision
(d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California
or is authorized by another state to transact and post bail and is in
compliance with the provisions of Section 847.5 with respect to the
arrest of a bail fugitive.
(4) Is licensed as a private investigator as provided in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code.
(5) Holds a private investigator license issued by another state,
is authorized by the bail or depositor of bail to apprehend a bail
fugitive, and is in compliance with the provisions of Section 847.5
with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections
837, 838, and 839.


1299.04. (a) A bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her services to
another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (d) of Section 1299.01, and any
bail agent, bail permittee, or bail solicitor who obtains licensing
after January 1, 2000, and who engages in the arrest of a defendant
pursuant to Section 1301 shall comply with the following
requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer Standards and
Training pursuant to Section 832. Completion of the course shall be
for educational purposes only and not intended to confer the power of
arrest of a peace officer or public officer, or agent of any
federal, state, or local government, unless the person is so employed
by a governmental agency.
(3) The person shall have completed a minimum of 12 hours of
classroom education certified pursuant to Section 1810.7 of the
Insurance Code.
(4) The person shall have completed a course of training in the
exercise of the power to arrest offered pursuant to Section 7583.7 of
the Business and Professions Code.
(5) The person shall not have been convicted of a felony.
(b) Upon completion of any course or training program required by
this section, an individual authorized by Section 1299.02 to
apprehend a bail fugitive shall carry certificates of completion with
him or her at all times in the course of performing his or her
duties under this article.



1299.05. In performing a bail fugitive apprehension, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall
comply with all laws applicable to that apprehension.



1299.06. Before apprehending a bail fugitive, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall have
in his or her possession proper documentation of authority to
apprehend issued by the bail or depositor of bail as prescribed in
Sections 1300 and 1301. The authority to apprehend document shall
include all of the following information: the name of the individual
authorized by Section 1299.02 to apprehend a bail fugitive and any
fictitious name, if applicable; the address of the principal office
of the individual authorized by Section 1299.02 to apprehend a bail
fugitive; and the name and principal business address of the bail
agency, surety company, or other party contracting with the
individual authorized by Section 1299.02 to apprehend a bail
fugitive.


1299.07. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not represent himself or herself in
any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear any uniform that represents himself or
herself as belonging to any part or department of a federal, state,
or local government. Any uniform shall not display the words United
States, Bureau, Task Force, Federal, or other substantially similar
words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear or otherwise use a badge that represents
himself or herself as belonging to any part or department of the
federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not use a fictitious name that represents himself
or herself as belonging to any federal, state, or local government.



1299.08. (a) Except under exigent circumstances, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall,
prior to and no more than six hours before attempting to apprehend
the bail fugitive, notify the local police department or sheriff's
department of the intent to apprehend a bail fugitive in that
jurisdiction by:
(1) Indicating the name of an individual authorized by Section
1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by
Section 1299.02 to apprehend a bail fugitive will be entering the
jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail
fugitive.
(b) If an exigent circumstance does arise and prior notification
is not given as provided in subdivision (a), an individual authorized
by Section 1299.02 to apprehend a bail fugitive shall notify the
local police department or sheriff's department immediately after the
apprehension, and upon request of the local jurisdiction, shall
submit a detailed explanation of those exigent circumstances within
three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by
Section 1299.02 to apprehend a bail fugitive from making or
attempting to make a lawful arrest of a bail fugitive on bond
pursuant to Section 1300 or 1301. The fact that a bench warrant is
not located or entered into a warrant depository or system shall not
affect a lawful arrest of the bail fugitive.
(d) For the purposes of this section, notice may be provided to a
local law enforcement agency by telephone prior to the arrest or,
after the arrest has taken place, if exigent circumstances exist. In
that case the name or operator number of the employee receiving the
notice information shall be obtained and retained by the bail,
depositor of bail, or bail fugitive recovery person.



1299.09. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not forcibly enter a premises except
as provided for in Section 844.
(b) Nothing in subdivision (a) shall be deemed to authorize an
individual authorized by Section 12099.02 to apprehend a bail
fugitive to apprehend, detain, or arrest any person except as
otherwise authorized pursuant to Chapter 5 (commencing with Section
833) of Title 3 of Part 2, or any other provision of law.




1299.10. An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not carry a firearm or other weapon unless in
compliance with the laws of the state.



1299.11. Any person who violates this act, or who conspires with
another person to violate this act, or who hires an individual to
apprehend a bail fugitive, knowing that the individual is not
authorized by Section 1299.02 to apprehend a bail fugitive, is guilty
of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by imprisonment in the county jail not to exceed one
year, or by both that imprisonment and fine.



1299.12. This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1299.13. Nothing in this article is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.




1299.14. The California Research Bureau in the California State
Library shall conduct a study of the structure and implementation of
the Bail Fugitive Recovery Act. The bureau shall design and complete
a study evaluating the training requirements and regulatory status
for persons subject to the act, and whether the provisions of the act
have improved the process for the recovery of fugitives from bail.
In conducting the study, the bureau shall survey a representative
sampling of law enforcement agencies, bail associations, and the
state departments or agencies that certify the training courses. The
bureau shall submit the published findings of the study to the
Legislature no later than January 1, 2009.[/align]

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1284. When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
giving bail.


1285. If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.



1286. When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.


1287. (a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:

An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1288. The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
indictment.


1289. After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.[/align]

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1300. (a) At any time before the forfeiture of their undertaking,
or deposit by a third person, the bail or the depositor may surrender
the defendant in their exoneration, or he may surrender himself, to
the officer to whose custody he was committed at the time of giving
bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified
copy of the certificate of deposit where a deposit is made, or an
affidavit given by the bail licensee or surety company listing all
that specific information that would be included on a certified copy
of an undertaking of bail, must be delivered to the officer who must
detain the defendant in his custody thereon as upon a commitment, and
by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall
make reasonable effort to give notice to the defendant's last
attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within
48 hours of the surrender, bring the defendant before the court in
which the defendant is next to appear on the case for which he has
been surrendered. The court shall advise the defendant of his right
to move the court for an order permitting the withdrawal of any
previous waiver of time and shall advise him of the authority of the
court, as provided in subdivision (b), to order return of the premium
paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the
certificate of the officer, the court in which the action or appeal
is pending may, upon notice of five days to the district attorney of
the county, with a copy of the undertaking, or certificate of
deposit, and the certificate of the officer, order that the bail or
deposit be exonerated. However, if the defendant is released on his
own recognizance or on another bond before the issuance of such an
order, the court shall order that the bail or deposit be exonerated
without prejudice to the court's authority under subdivision (b). On
filing the order and papers used on the application, they are
exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that
good cause does not exist for the surrender of a defendant who has
not failed to appear or has not violated any order of the court, it
may, in its discretion, order the bail or the depositor to return to
the defendant or other person who has paid the premium or any part of
it, all of the money so paid or any part of it.



1301. For the purpose of surrendering the defendant, the bail or
any person who has deposited money or bonds to secure the release of
the defendant, at any time before such bail or other person is
finally discharged, and at any place within the state, may himself
arrest defendant, or by written authority indorsed on a certified
copy of the undertaking or a certified copy of the certificate of
deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state
shall, without unnecessary delay, and, in any event, within 48 hours
of the arrest, deliver the defendant to the court or magistrate
before whom the defendant is required to appear or to the custody of
the sheriff or police for confinement in the appropriate jail in the
county or city in which defendant is required to appear. Any bail or
other person who arrests a defendant outside this state shall,
without unnecessary delay after the time defendant is brought into
this state, and, in any event, within 48 hours after defendant is
brought into this state, deliver the defendant to the custody of the
court or magistrate before whom the defendant is required to appear
or to the custody of the sheriff or police for confinement in the
appropriate jail in the county or city in which defendant is required
to appear.
Any bail or other person who willfully fails to deliver a
defendant to the court, magistrate, sheriff, or police as required by
this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of
a defendant are for his benefit and, with the consent of the bail,
may be waived by him. To be valid, such waiver shall be in writing,
signed by the defendant, and delivered to such bail or other person
within 48 hours after the defendant's arrest or entry into this
state, as the case may be. The defendant, at any time and in the
same manner, may revoke said waiver. Whereupon, he shall be
delivered as provided herein without unnecessary delay and, in any
event within 48 hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a
Saturday, Sunday, or holiday, delivery of a defendant by a bail or
other person to the court or magistrate or to the custody of the
sheriff or police may, without violating this section, take place
before noon on the next day following which is not a Saturday,
Sunday, or holiday.


1302. If money has been deposited instead of bail, and the
defendant, at any time before the forfeiture thereof, surrenders
himself or herself to the officer to whom the commitment was
directed, in the manner provided in Sections 1300 and 1301, the court
shall order a return of the deposit to the defendant or to the
person or persons found by the court to have deposited said money on
behalf of the defendant, upon the production of the certificate of
the officer showing the surrender, and upon a notice of five days to
the district attorney, with a copy of the certificate.



1303. If an action or proceeding against a defendant who has been
admitted to bail is dismissed, the bail shall not be exonerated until
a period of 15 days has elapsed since the entry of the order of
dismissal. If, within such period, the defendant is arrested and
charged with a public offense arising out of the same act or omission
upon which the action or proceeding was based, the bail shall be
applied to the public offense. If an undertaking of bail is on file,
the clerk of the court shall promptly mail notice to the surety on
the bond and the bail agent who posted the bond whenever the bail is
applied to a public offense pursuant to this section.



1304. Any bail, or moneys or bonds deposited in lieu of bail, or
any equity in real property as security in lieu of bail, or any
agreement whereby the defendant is released on his or her own
recognizance shall be exonerated two years from the effective date of
the initial bond, provided that the court is informed in writing at
least 60 days prior to 2 years after the initial bond of the fact
that the bond is to be exonerated, or unless the court determines
otherwise and informs the party executing the bail of the reasons
that the bail is not exonerated.[/align]

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Deposit of Money


1305. (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
(1) Arraignment.
(2) Trial.
(3) Judgment.
(4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
(5) To surrender himself or herself in execution of the judgment
after appeal.
However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
(b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail. At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond. The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file. If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
(1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.

(2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
(3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
(c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated. If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated. An order vacating the forfeiture and exonerating the
bond may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
(2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
(4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
(A) The bail is given prior notice of the reinstatement.
(B) The bail has not surrendered the defendant.
(d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
(1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
(2) The absence of the defendant is without the connivance of the
bail.
(e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
(1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
(2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
(3) The absence of the defendant is without the connivance of the
bail.
The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
(h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
(i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney. The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.


1305.1. If the defendant fails to appear for arraignment, trial,
judgment, or upon any other occasion when his or her appearance is
lawfully required, but the court has reason to believe that
sufficient excuse may exist for the failure to appear, the court may
continue the case for a period it deems reasonable to enable the
defendant to appear without ordering a forfeiture of bail or issuing
a bench warrant.
If, after the court has made the order, the defendant, without
sufficient excuse, fails to appear on or before the continuance date
set by the court, the bail shall be forfeited and a warrant for the
defendant's arrest may be ordered issued.



1305.2. If an assessment is made a condition of the order to set
aside the forfeiture of an undertaking, deposit, or bail under
Section 1305, the clerk of the court shall within 30 days mail notice
thereof to the surety or depositor at the address of its principal
office, mail a copy to the bail agent whose name appears on the bond,
and shall execute a certificate of mailing and place it in the court'
s file in the case. The time limit for payment shall in no event be
less than 30 days after the date of mailing of the notice.
If the assessment has not been paid by the date specified, the
court shall determine if a certificate of mailing has been executed,
and if none has, the court shall cause a notice to be mailed to the
surety, depositor, or bail agent whose name appears on the bond, and
the surety, depositor, or bail agent whose name appears on the bond
shall be allowed an additional 30 days to pay the assessment.



1305.3. The district attorney, county counsel, or applicable
prosecuting agency, as the case may be, shall recover, out of the
forfeited bail money, the costs incurred in successfully opposing a
motion to vacate the forfeiture and in collecting on the summary
judgment prior to the division of the forfeited bail money between
the cities and counties in accordance with Section 1463.



1305.4. Notwithstanding Section 1305, the surety insurer, the bail
agent, the surety, or the depositor may file a motion, based upon
good cause, for an order extending the 180-day period provided in
that section. The motion shall include a declaration or affidavit
that states the reasons showing good cause to extend that period.
The court, upon a hearing and a showing of good cause, may order the
period extended to a time not exceeding 180 days from its order. A
motion may be filed and calendared as provided in subdivision (i) of
Section 1305.


1306. (a) When any bond is forfeited and the period of time
specified in Section 1305 has elapsed without the forfeiture having
been set aside, the court which has declared the forfeiture,
regardless of the amount of the bail, shall enter a summary judgment
against each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the bond plus
costs, and notwithstanding any other law, no penalty assessments
shall be levied or added to the judgment.
(b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests.
(c) If, because of the failure of any court to promptly perform
the duties enjoined upon it pursuant to this section, summary
judgment is not entered within 90 days after the date upon which it
may first be entered, the right to do so expires and the bail is
exonerated.
(d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
(e) The district attorney or county counsel shall:
(1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
(2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure.
(f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.



1306.1. The provisions of Sections 1305 and 1306 shall not affect
the payment of bail deposits into the city or county treasury, as the
case may be, pursuant to Section 40512 of the Vehicle Code in those
cases arising under Section 40500 of the Vehicle Code.



1307. If, by reason of the neglect of the defendant to appear,
money deposited instead of bail is forfeited, and the forfeiture is
not discharged or remitted, the clerk with whom it is deposited must,
at the end of 180 days, unless the court has before that time
discharged the forfeiture, pay over the money deposited to the county
treasurer.



1308. (a) No court or magistrate shall accept any person or
corporation as surety on bail if any summary judgment against that
person or corporation entered pursuant to Section 1306 remains unpaid
after the expiration of 30 days after service of the notice of the
entry of the summary judgment, provided that, if during the 30 days
an action or proceeding available at law is initiated to determine
the validity of the order of forfeiture or summary judgment rendered
on it, this section shall be rendered inoperative until that action
or proceeding has finally been determined, provided that, if an
appeal is taken, an appeal bond is posted in compliance with Section
917.1 of the Code of Civil Procedure.
(b) The clerk of the court in which the judgment is rendered shall
serve notice of the entry of judgment upon the judgment debtor
within five days after the date of the entry of the summary judgment.
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[هيثم الفقى]

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Recommitment of the Defendant, After Having Given
B0ail or Deposited Money Instead of Bail



1310. The court to which the committing magistrate returns the
depositions, or in which an indictment, information, or appeal is
pending, or to which a judgment on appeal is remitted to be carried
into effect, may, by an order entered upon its minutes, direct the
arrest of the defendant and his or her commitment to the officer to
whose custody he or she was committed at the time of giving bail, and
his or her detention until legally discharged, in the following
cases:
(a) When, by reason of his or her failure to appear, he or she has
incurred a forfeiture of his or her bail, or of money deposited
instead thereof.
(b) When it satisfactorily appears to the court that his or her
bail, or either of them, are dead or insufficient, or have removed
from the state.
(c) Upon an indictment being found or information filed in the
cases provided in Section 985.


1311. The order for the recommitment of the defendant must recite
generally the facts upon which it is founded, and direct that the
defendant be arrested by any sheriff, marshal, or policeman in this
state, and committed to the officer in whose custody he or she was at
the time he or she was admitted to bail, to be detained until
legally discharged.



1312. The defendant may be arrested pursuant to the order, upon a
certified copy thereof, in any county, in the same manner as upon a
warrant of arrest, except that when arrested in another county the
order need not be indorsed by a magistrate of that county.



1313. If the order recites, as the ground upon which it is made,
the failure of the defendant to appear for judgment upon conviction,
the defendant must be committed according to the requirement of the
order.


1314. If the order be made for any other cause, and the offense is
bailable, the Court may fix the amount of bail, and may cause a
direction to be inserted in the order that the defendant be admitted
to bail in the sum fixed, which must be specified in the order.




1315. When the defendant is admitted to bail, the bail may be taken
by any magistrate in the county, having authority in a similar case
to admit to bail, upon the holding of the defendant to answer before
an indictment, or by any other magistrate designated by the Court.



1316. When bail is taken upon the recommitment of the defendant,
the undertaking must be in substantially the following form:

An order having been made on the ____ day of ____, A.D. eighteen
____, by the Court (naming it), that A.B. be admitted to bail in the
sum of ____ dollars, in an action pending in that Court against him
in behalf of the people of the State of California, upon an
(information, presentment, indictment, or appeal, as the case may
be), we, C.D. and E.F., of (stating their places of residence and
occupation), hereby undertake that the above named A. B. will appear
in that or any other Court in which his appearance may be lawfully
required upon that (information, presentment, indictment, or appeal,
as the case may be), and will at all times render himself amenable to
its orders and process, and appear for judgment and surrender
himself in execution thereof; or if he fails to perform either of
these conditions, that we will pay to the people of the State of
California the sum of ____ dollars (insert the sum in which the
defendant is admitted to bail).



1317. The bail must possess the qualifications, and must be put in,
in all respects, in the manner prescribed in Article II of this
Chapter.

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[هيثم الفقى]

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1318. (a) The defendant shall not be released from custody under an
own recognizance until the defendant files with the clerk of the
court or other person authorized to accept bail a signed release
agreement which includes:
(1) The defendant's promise to appear at all times and places, as
ordered by the court or magistrate and as ordered by any court in
which, or any magistrate before whom the charge is subsequently
pending.
(2) The defendant's promise to obey all reasonable conditions
imposed by the court or magistrate.
(3) The defendant's promise not to depart this state without leave
of the court.
(4) Agreement by the defendant to waive extradition if the
defendant fails to appear as required and is apprehended outside of
the State of California.
(5) The acknowledgment of the defendant that he or she has been
informed of the consequences and penalties applicable to violation of
the conditions of release.


1318.1. (a) A court, with the concurrence of the board of
supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
(b) Whenever a court has employed an investigative staff pursuant
to subdivision (a), an investigative report shall be prepared in all
cases involving a violent felony, as described in subdivision (c) of
Section 667.5, or a felony in violation of subdivision (a) of Section
23153 of the Vehicle Code, recommending whether the defendant should
be released on his or her own recognizance. The report shall
include all of the following:
(1) Written verification of any outstanding warrants against the
defendant.
(2) Written verification of any prior incidents where the
defendant has failed to make a court appearance.
(3) Written verification of the criminal record of the defendant.

(4) Written verification of the residence of the defendant during
the past year.
After the report is certified pursuant to this subdivision, it
shall be submitted to the court for review, prior to a hearing held
pursuant to Section 1319.
(c) The salaries of the staff are a proper charge against the
county.



1319. (a) No person arrested for a violent felony, as described in
subdivision (c) of Section 667.5, may be released on his or her own
recognizance until a hearing is held in open court before the
magistrate or judge, and until the prosecuting attorney is given
notice and a reasonable opportunity to be heard on the matter. In
all cases, these provisions shall be implemented in a manner
consistent with the defendant's right to be taken before a magistrate
or judge without unreasonable delay pursuant to Section 825.
(b) A defendant charged with a violent felony, as described in
subdivision (c) of Section 667.5, shall not be released on his or her
own recognizance where it appears, by clear and convincing evidence,
that he or she previously has been charged with a felony offense and
has willfully and without excuse from the court failed to appear in
court as required while that charge was pending. In all other cases,
in making the determination as to whether or not to grant release
under this section, the court shall consider all of the following:
(1) The existence of any outstanding felony warrants on the
defendant.
(2) Any other information presented in the report prepared
pursuant to Section 1318.1. The fact that the court has not received
the report required by Section 1318.1, at the time of the hearing to
decide whether to release the defendant on his or her own
recognizance, shall not preclude that release.
(3) Any other information presented by the prosecuting attorney.
(c) The judge or magistrate who, pursuant to this section, grants
or denies release on a person's own recognizance, within the time
period prescribed in Section 825, shall state the reasons for that
decision in the record. This statement shall be included in the
court's minutes. The report prepared by the investigative staff
pursuant to subdivision (b) of Section 1318.1 shall be placed in the
court file for that particular matter.



1319.5. (a) No person described in subdivision (b) who is arrested
for a new offense may be released on his or her own recognizance
until a hearing is held in open court before the magistrate or judge.

(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony
parole.
(2) Any person who has failed to appear in court as ordered,
resulting in a warrant being issued, three or more times over the
three years preceding the current arrest, except for infractions
arising from violations of the Vehicle Code, and who is arrested for
any of the following offenses:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement
and Prevention Act (Chapter 11 (commencing with Section 186.20) of
Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of
Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been
armed with or to have personally used a firearm.[/align]

[هيثم الفقى]

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1320. (a) Every person who is charged with or convicted of the
commission of a misdemeanor who is released from custody on his or
her own recognizance and who in order to evade the process of the
court willfully fails to appear as required, is guilty of a
misdemeanor. It shall be presumed that a defendant who willfully
fails to appear within 14 days of the date assigned for his or her
appearance intended to evade the process of the court.
(b) Every person who is charged with or convicted of the
commission of a felony who is released from custody on his or her own
recognizance and who in order to evade the process of the court
willfully fails to appear as required, is guilty of a felony, and
upon conviction shall be punished by a fine not exceeding five
thousand dollars ($5,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both that fine
and imprisonment. It shall be presumed that a defendant who
willfully fails to appear within 14 days of the date assigned for his
or her appearance intended to evade the process of the court.



1320.5. Every person who is charged with or convicted of the
commission of a felony, who is released from custody on bail, and who
in order to evade the process of the court willfully fails to appear
as required, is guilty of a felony. Upon a conviction under this
section, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both the fine
and imprisonment. Willful failure to appear within 14 days of the
date assigned for appearance may be found to have been for the
purpose of evading the process of the court.[/align]

[هيثم الفقى]

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1321. The rules for determining the competency of witnesses in
civil actions are applicable also to criminal actions and
proceedings, except as otherwise provided in this Code.



1324. In any felony proceeding or in any investigation or
proceeding before a grand jury for any felony offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case.
But he or she may nevertheless be prosecuted or subjected to penalty
or forfeiture for any perjury, false swearing or contempt committed
in answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.


1324.1. In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he may be incriminated thereby, the person may agree
in writing with the district attorney of the county, or the
prosecuting attorney of a city, as the case may be, to testify
voluntarily pursuant to this section. Upon written request of such
district attorney, or prosecuting attorney, the court having
jursidiction of the proceeding shall approve such written agreement,
unless the court finds that to do so would be clearly contrary to the
public interest. If, after court approval of such agreement, and
if, but for this section, the person would have been privileged to
withhold the answer given or the evidence produced by him, that
person shall not be prosecuted or subjected to penalty or forfeiture
for or on account of any fact or act concerning which, in accordance
with such agreement, he answered or produced evidence, but he may,
nevertheless, be prosecuted or subjected to penalty or forfeiture for
any perjury, false swearing or contempt committed in answering or in
producing evidence in accordance with such agreement. If such
person fails to give any answer or to produce any evidence in
accordance with such agreement, that person shall be prosecuted or
subjected to penalty or forfeiture in the same manner and to the same
extent as he would be prosecuted or subjected to penalty or
forfeiture but for this section.[/align]

[هيثم الفقى]

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1326. (a) The process by which the attendance of a witness before a
court or magistrate is required is a subpoena. It may be signed and
issued by any of the following:
(1) A magistrate before whom a complaint is laid or his or her
clerk, the district attorney or his or her investigator, or the
public defender or his or her investigator, for witnesses in the
state.
(2) The district attorney, his or her investigator, or, upon
request of the grand jury, any judge of the superior court, for
witnesses in the state, in support of an indictment or information,
to appear before the court in which it is to be tried.
(3) The district attorney or his or her investigator, the public
defender or his or her investigator, the clerk of the court in which
a criminal action is to be tried, or, if there is no clerk, the judge
of the court. The clerk or judge shall, at any time, upon
application of the defendant, and without charge, issue as many blank
subpoenas, subscribed by him or her, for witnesses in the state, as
the defendant may require.
(4) The attorney of record for the defendant.
(b) A subpoena issued in a criminal action that commands the
custodian of records or other qualified witness of a business to
produce books, papers, documents, or records shall direct that those
items be delivered by the custodian or qualified witness in the
manner specified in subdivision (b) of Section 1560 of the Evidence
Code. Subdivision (e) of Section 1560 of the Evidence Code shall not
apply to criminal cases.
(c) In a criminal action, no party, or attorney or representative
of a party, may issue a subpoena commanding the custodian of records
or other qualified witness of a business to provide books, papers,
documents, or records, or copies thereof, relating to a person or
entity other than the subpoenaed person or entity in any manner other
than that specified in subdivision (b) of Section 1560 of the
Evidence Code. When a defendant has issued a subpoena to a person or
entity that is not a party for the production of books, papers,
documents, or records, or copies thereof, the court may order an in
camera hearing to determine whether or not the defense is entitled to
receive the documents. The court may not order the documents
disclosed to the prosecution except as required by Section 1054.3.
(d) This section shall not be construed to prohibit obtaining
books, papers, documents, or records with the consent of the person
to whom the books, papers, documents, or records relate.



1326.1. (a) An order for the production of utility records in
whatever form and however stored shall be issued by a judge only upon
a written ex parte application by a peace officer showing specific
and articulable facts that there are reasonable grounds to believe
that the records or information sought are relevant and material to
an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
The ex parte application and any subsequent judicial order shall be
open to the public as a judicial record unless ordered sealed by the
court, for a period of 60 days. The sealing of these records may be
extended for 60-day periods upon a showing to the court that it is
necessary for the continuance of the investigation. Sixty-day
extensions may continue for up to one year or until termination of
the investigation of the individual or individuals, whichever is
sooner. The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the holder of the utility
records.
(b) As used in subdivision (a), "utility records" include, but are
not limited to, subscriber information, telephone or pager number
information, toll call records, call detail records, automated
message accounting records, billing statements, payment records, and
applications for service in the custody of companies engaged in the
business of providing telephone, pager, electric, gas, propane,
water, or other like services. "Utility records" do not include the
installation of, or the data collected from the installation of pen
registers or trap-tracers, nor the contents of a wire or electronic
communication.
(c) Nothing in this section shall preclude the holder of the
utility records from notifying a customer of the receipt of the order
for production of records unless a court orders the holder of the
utility records to withhold notification to the customer upon a
finding that this notice would impede the investigation. Where a
court has made an order to withhold notification to the customer
under this subdivision, the peace officer or law enforcement agency
who obtained the utility records shall notify the customer by
delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(d) No holder of utility records, or any officer, employee, or
agent thereof, shall be liable to any person for (A) disclosing
information in response to an order pursuant to this section, or (B)
complying with an order under this section not to disclose to the
customer, the order or the dissemination of information pursuant to
the order.
(e) Nothing in this section shall preclude the holder of the
utility records from voluntarily disclosing information or providing
records to law enforcement upon request.
(f) Utility records released pursuant to this section shall be
used only for the purpose of criminal investigations and
prosecutions.


1326.2. (a) An order for the production of escrow or title records
in whatever form and however stored shall be issued by a judge only
upon a written ex parte application by a peace officer showing
specific and articulable facts that there are reasonable grounds to
believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section
186.10 or of any felony subject to the enhancement set forth in
Section 186.11. The ex parte application shall specify with
particularity the records to be produced, which shall be only those
of the individual or individuals who are the subject of the criminal
investigation. The ex parte application and any subsequent judicial
order shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner. The records ordered to be produced shall be
returned to the peace officer applicant or his or her designee within
a reasonable time period after service of the order upon the holder
of the escrow or title records.
(b) As used in subdivision (a), "holder of escrow or title records"
means a title insurer that engages in the "business of title
insurance," as defined by Section 12340.3 of the Insurance Code, an
underwritten title company, or an escrow company.
(c) Nothing in this section shall preclude the holder of the
escrow or title records from notifying a customer of the receipt of
the order for production of records unless a court orders the holder
of the escrow or title records to withhold notification to the
customer upon a finding that this notice would impede the
investigation. Where a court has made an order to withhold
notification to the customer under this subdivision, the peace
officer or law enforcement agency who obtained the escrow or title
records shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
(d) No holder of escrow or title records, or any officer,
employee, or agent thereof, shall be liable to any person for (A)
disclosing information in response to an order pursuant to this
section, or (B) complying with an order under this section not to
disclose to the customer, the order or the dissemination of
information pursuant to the order.
(e) Nothing in this section shall preclude the holder of the
escrow or title records from voluntarily disclosing information or
providing records to law enforcement upon request.



1327. A subpoena authorized by Section 1326 shall be substantially
in the following form:

The people of the State of California to A.B.:
You are commanded to appear before C.D., a judge of the ____
Court of ____ County, at (naming the place), on (stating the day and
hour), as a witness in a criminal action prosecuted by the people of
the State of California against E.F.
Given under my hand this ____ day of ____, A.D. 19____. G.H.,
Judge of the ____ Court (or "J.K., District Attorney," or "J.K.,
District Attorney Investigator," or "D.E., Public Defender," or
"D.E., Public Defender Investigator," or "F.G., Defense Counsel," or
"By order of the court, L.M., Clerk," or as the case may be).

If books, papers, or documents are required, a direction to the
following effect must be contained in the subpoena: "And you are
required, also, to bring with you the following" (describing
intelligibly the books, papers, or documents required).




1328. (a) A subpoena may be served by any person, except that the
defendant may not serve a subpoena in the criminal action to which he
or she is a party, but a peace officer shall serve in his or her
county any subpoena delivered to him or her for service, either on
the part of the people or of the defendant, and shall, without delay,
make a written return of the service, subscribed by him or her,
stating the time and place of service. The service is made by
delivering a copy of the subpoena to the witness personally.
(b) (1) If service is to be made on a minor, service shall be made
on the minor's parent, guardian, conservator, or similar fiduciary,
or if one of them cannot be located with reasonable diligence, then
service shall be made on any person having the care or control of the
minor or with whom the minor resides or by whom the minor is
employed, unless the parent, guardian, conservator, or fiduciary or
other specified person is the defendant, and on the minor if the
minor is 12 years of age or older. The person served shall have the
obligation of producing the minor at the time and place designated in
the subpoena. A willful failure to produce the minor is punishable
as a contempt pursuant to Section 1218 of the Code of Civil
Procedure. The person served shall be allowed the fees and expenses
that are provided for subpoenaed witnesses.
(2) If the minor is alleged to come within the description of
Section 300, 601, or 602 of the Welfare and Institutions Code, and
the minor is not residing with a parent or guardian, regardless of
the age of the minor, service shall also be made upon the designated
agent for service of process at the county child welfare department
or the probation department under whose jurisdiction the child has
been placed.
(3) The court having jurisdiction of the case shall have the power
to appoint a guardian ad litem to receive service of a subpoena of
the child and shall have the power to produce the child ordered to
court under this section.
(c) If any peace officer designated in Section 830 is required as
a witness before any court or magistrate in any action or proceeding
in connection with a matter regarding an event or transaction which
he or she has perceived or investigated in the course of his or her
duties, a criminal subpoena issued pursuant to this chapter requiring
his or her attendance may be served either by delivering a copy to
the peace officer personally or by delivering two copies to his or
her immediate superior or agent designated by his or her immediate
superior to receive the service or, in those counties where the local
agencies have consented with the marshal's office or sheriff's
office, where appropriate, to participate, by sending a copy by
electronic means, including electronic mail, computer modem,
facsimile, or other electronic means, to his or her immediate
superior or agent designated by the immediate superior to receive the
service. If the service is made by electronic means, the immediate
superior or agency designated by his or her immediate superior shall
acknowledge receipt of the subpoena by telephone or electronic means
to the sender of origin. If service is made upon the immediate
superior or agent designated by the immediate superior, the immediate
superior or the agent shall deliver a copy of the subpoena to the
peace officer as soon as possible and in no event later than a time
which will enable the peace officer to comply with the subpoena.
(d) If the immediate superior or his or her designated agent upon
whom service is attempted to be made knows he or she will be unable
to deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent may refuse to accept service of process
and is excused from any duty, liability, or penalty arising in
connection with the service, upon notifying the server of that fact.

(e) If the immediate superior or his or her agent is tendered
service of a subpoena less than five working days prior to the date
of hearing, and he or she is not reasonably certain he or she can
complete the service, he or she may refuse acceptance.
(f) If the immediate superior or agent upon whom service has been
made, subsequently determines that he or she will be unable to
deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent shall notify the server or his or her
office or agent not less than 48 hours prior to the hearing date
indicated on the subpoena, and is thereby excused from any duty,
liability, or penalty arising because of his or her failure to
deliver a copy of the subpoena to the peace officer. The server, so
notified, is therewith responsible for preparing the written return
of service and for notifying the originator of the subpoena if
required.
(g) Notwithstanding subdivision (c), in the case of peace officers
employed by the California Highway Patrol, if service is made upon
the immediate superior or upon an agent designated by the immediate
superior of the peace officer, the immediate superior or the agent
shall deliver a copy of the subpoena to the peace officer on the
officer's first workday following acceptance of service of process.
In this case, failure of the immediate superior or the designated
agent to deliver the subpoena shall not constitute a defect in
service.



1328.5. Whenever any peace officer is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he has perceived or
investigated in the course of his duties, where his testimony would
become a matter of public record, and where he is required to state
the place of his residence, he need not state the place of his
residence, but in lieu thereof, he may state his business address.



1328.6. Whenever any criminalist, questioned document examiner,
latent print analyst, polygraph examiner employed by the Department
of Justice, a police department, a sheriff's office, or a district
attorney's office, an intelligence specialist or other technical
specialist employed by the Department of Justice, a custodial officer
employed in a local detention facility, or an employee of the county
welfare department or the department which administers the county
public social services program, is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he or she has
perceived or investigated in the course of his or her official
duties, where his or her testimony would become a matter of public
record, and where he or she is required to state the place of his or
her residence, he or she need not state the place of his or her
residence, but in lieu thereof, he or she may state his or her
business address, unless the court finds, after an in camera hearing,
that the probative value of the witness's residential address
outweighs the creation of substantial danger to the witness.
Nothing in this section shall abridge or limit a defendant's right
to discover or investigate this information. This section is not
intended to apply to confidential informants.



1328a. A telegraphic copy of a subpoena for a witness in a criminal
proceeding may be sent by telegraph or teletype to one or more peace
officers, and such copy is as effectual in the hands of any officer,
and he must proceed in the same manner under it, as though he held
the original subpoena issued.


1328b. Every officer causing telegraphic copies of subpoenas to be
sent, must certify as correct, and file in the telegraph office from
which such copies are sent, a copy of the subpoena, and must return
the original with a statement of his action thereunder.



1328c. A peace officer must serve in his county or city any
subpoena delivered to him by telegraph or teletype for service and
must without delay make a return of the service by telegraph or
teletype. Any officer making a return of service of a subpoena by
telegraph or teletype must certify as to his actions in making the
service and file in the telegraph office from which the return is
sent a written statement with his signature in the same form as the
return on an original subpoena. The service of a teletype subpoena
is made by showing the original teletype to the witness personally
and informing him of its contents and delivering to him a copy of the
teletype.



1328d. Notwithstanding Section 1328, a subpoena may be delivered by
mail or messenger. Service shall be effected when the witness
acknowledges receipt of the subpoena to the sender, by telephone, by
mail, or in person, and identifies himself or herself by reference to
his or her date of birth and his or her driver's license number or
Department of Motor Vehicles identification card number. The sender
shall make a written notation of the identifying information obtained
during any acknowledgment by telephone or in person. A subpoena
issued and acknowledged pursuant to this section shall have the same
force and effect as a subpoena personally served. Failure to comply
with a subpoena issued and acknowledged pursuant to this section may
be punished as a contempt and the subpoena may so state; provided,
that a warrant of arrest or a body attachment may not be issued based
upon a failure to appear after being subpoenaed pursuant to this
section.
A party requesting a continuance based upon the failure of a
witness to appear in court at the time and place required for his or
her appearance or testimony pursuant to a subpoena, shall prove to
the court that the party has complied with the provisions of this
section. Such a continuance shall only be granted for a period of
time which would allow personal service of the subpoena and in no
event longer than that allowed by law, including the requirements of
Sections 861 and 1382.



1329. (a) When a person attends before a magistrate, grand jury, or
court, as a witness in a criminal case, whether upon a subpoena or
in pursuance of an undertaking, or voluntarily, the court, at its
discretion, if the attendance of the witness be upon a trial may by
an order upon its minutes, or in any criminal proceeding, by a
written order, direct the county auditor to draw his warrant upon the
county treasurer in favor of such witness for witness' fees at the
rate of twelve dollars ($12) for each day's actual attendance and for
a reasonable sum to be specified in the order for the necessary
expenses of such witness. The court, in its discretion, may make an
allowance under this section, or under any appropriate section in
Chapter 1 (commencing with Section 68070), Title 8, of the Government
Code, other than Section 68093. The allowances are county charges.

(b) The court, in its discretion, may authorize payment to such a
witness, if he is employed and if his salary is not paid by his
employer during the time he is absent from his employment because of
being such a witness, of a sum equal to his gross salary for such
time, but such sum shall not exceed eighteen dollars ($18) per day.
The sum is a county charge.
A person compensated under the provisions of this subdivision may
not receive the payment of witness' fees as provided for in
subdivision (a).



1329.1. Any witness who is subpoenaed in any criminal action or
proceeding shall be given written notice on the subpoena that the
witness may be entitled to receive fees and mileage. Such notice
shall indicate generally the manner in which a request or claim for
fees and mileage should be made.



1330. No person is obliged to attend as a witness before a court or
magistrate out of the county where the witness resides, or is served
with the subpoena, unless the distance be less than 150 miles from
his or her place of residence to the place of trial, or unless the
judge of the court in which the offense is triable, or a justice of
the Supreme Court, or a judge of a superior court, or, in the case of
a minor concerning whom a petition has been filed pursuant to
Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, by the judge of the
juvenile court hearing the petition, upon an affidavit of the
district attorney or prosecutor, or of the defendant, or his or her
counsel, or in the case involving a minor in whose behalf a petition
has been filed in the juvenile court, of the probation officer
approving the filing of the petition or of any party to the action,
or his or her counsel, stating that he or she believes the evidence
of the witness is material, and his or her attendance at the
examination, trial, or hearing is material and necessary, shall
endorse on the subpoena an order for the attendance of the witness.
When a subpoena duces tecum is duly issued according to any other
provision of law and is served upon a custodian of records or other
qualified witness as provided in Article 4 (commencing with Section
1560) of Chapter 2 of Division 11 of the Evidence Code, and his or
her personal attendance is not required by the terms of the subpoena,
the limitations of this section shall not apply.



1331. Disobedience to a subpoena, or a refusal to be sworn or to
testify as a witness, may be punished by the Court or magistrate as a
contempt. A witness disobeying a subpoena issued on the part of the
defendant, unless he show good cause for his nonattendance, is
liable to the defendant in the sum of one hundred dollars, which may
be recovered in a civil action.



1331.5. Any person who is subpoenaed to appear at a session of
court, or at the trial of an issue therein, may, in lieu of
appearance at the time specified in the subpoena, agree with the
party at whose request the subpoena was issued, to appear at another
time or upon such notice as may be agreed upon. Any failure to
appear pursuant to such agreement may be punished as a contempt, and
a subpoena shall so state. The facts establishing such agreement and
the failure to appear may be shown by the affidavit of any person
having personal knowledge of the facts and the court may grant such
continuance as may be appropriate.


1332. (a) Notwithstanding the provisions of Sections 878 to 883,
inclusive, when the court is satisfied, by proof on oath, that there
is good cause to believe that any material witness for the
prosecution or defense, whether the witness is an adult or a minor,
will not appear and testify unless security is required, at any
proceeding in connection with any criminal prosecution or in
connection with a wardship petition pursuant to Section 602 of the
Welfare and Institutions Code, the court may order the witness to
enter into a written undertaking to the effect that he or she will
appear and testify at the time and place ordered by the court or that
he or she will forfeit an amount the court deems proper.
(b) If the witness required to enter into an undertaking to appear
and testify, either with or without sureties, refuses compliance
with the order for that purpose, the court may commit the witness, if
an adult, to the custody of the sheriff, and if a minor, to the
custody of the probation officer or other appropriate agency, until
the witness complies or is legally discharged.
(c) When a person is committed pursuant to this section, he or she
is entitled to an automatic review of the order requiring a written
undertaking and the order committing the person, by a judge or
magistrate having jurisdiction over the offense other than the one
who issued the order. This review shall be held not later than two
days from the time of the original order of commitment.
(d) If it is determined that the witness must remain in custody,
the witness is entitled to a review of that order after 10 days.
(e) When a witness has entered into an undertaking to appear, upon
his or her failure to do so the undertaking is forfeited in the same
manner as undertakings of bail.

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