CaliforniaCriminal procedure: arraignment.
What it does
Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only. Existing law requires the court, during the in-custody appearance of a person charged with a misdemeanor, to determine whether there is probable cause to believe that a public offense has been committed.
More detail
This bill would require the court to promptly, but no later than 48 hours after a warrantless arrest, review the basis for the arrest and make an initial determination whether probable cause exists that an offense has been committed and that the arrested person committed it if the defendant remains in custody, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the person to be released immediately and provide notice to both the arrested person and the person having custody of the arrested person.
Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.
This bill would require the court to promptly, but no later than 48 hours after a juvenile is taken into custody, make a determination whether an offense has been committed and whether the juvenile in custody committed it, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the juvenile to be released immediately and provide notice to the juvenile, the person or entity having custody of the juvenile, and the public defender or indigent defense provider.
Where do you stand?
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 2Returned to Secretary of Senate pursuant to Joint Rule 56.Latest
- 2025
- May 23May 23 hearing: Held in committee and under submission.
- May 16Set for hearing May 23.
- Apr 21April 21 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 10Set for hearing April 21.
- Apr 8From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 2From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Mar 27Set for hearing April 8.
- Mar 12Referred to Com. on PUB. S.Minor
- Feb 24Read first time.Minor
- Feb 24From printer. May be acted upon on or after March 24.
- Feb 21Introduced. To Com. on RLS. for assignment. To print.Introduced