2024 California Code
Penal Code - PEN
PART 2 - OF CRIMINAL PROCEDURE
TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL
CHAPTER 1 - Of the Arraignment of the Defendant
Section 978.5.
978.5. (a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7) If a defendant has been cited or arrested for misdemeanor or felony theft from a store and has failed to appear in court in connection with that charge or those charges in the previous six months.
(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 856, Sec. 3. (AB 2294) Effective September 30, 2022. Repealed as of January 1, 2026, by its own provisions. See later operative version as added by Sec. 4 of Stats. 2022, Ch. 856.)
