California Penal Code 978.5 – (a) A bench warrant of arrest may be issued when a defendant …
(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.
Terms Used In California Penal Code 978.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- county: includes "city and county". See California Penal Code 7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
(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.)