California Penal Code

§ 1043.5

PEN § 1043.5 Effective Jul 2, 2024Title 6 · Part 2 · Ch. 7

Statute text

(a)Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.

(b)The absence of the defendant in a preliminary hearing after the hearing has commenced in their physical presence shall not prevent continuing the hearing to, and including, holding to answer, filing an information, or discharging the defendant in any of the following cases:

(1)Any case in which the defendant, after being warned by the judge that they will be removed if they continued their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the hearing cannot be carried on with the defendant present in the courtroom.

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Legislative history

Amended (as amended by Stats. 2023, Ch. 190, Sec. 6) by Stats. 2024, Ch. 51, Sec. 13. (AB 170) Effective July 2, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version, as amended by Sec. 14 of Stats. 2024, Ch. 51.