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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 2. OF CRIMINAL PROCEDURE |
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Title 10. MISCELLANEOUS PROCEEDINGS |
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Chapter 1. Bail |
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ARTICLE 9. Procedure Relating to Release on Own Recognizance |
Section 1319.5.
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(a) No person described in subdivision (b) who is arrested for a new offense may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.
(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony parole.
(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.