California Penal Code

§ 1319

PEN § 1319 Effective Jan 1, 1993Title 10 · Part 2 · Ch. 1 · Art. 9

Statute text

(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.

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Legislative history

Amended by Stats. 1992, Ch. 1009, Sec. 3. Effective January 1, 1993.