Pen. Code, § 1048 · Chapter 8. Formation of the Trial Jury and theCalendar of Issues for Trial
Pen. Code, § 1048
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order:
(1) Prosecutions for felony, when the defendant is in custody.
(2) Prosecutions for misdemeanor, when the defendant is in custody.
(3) Prosecutions for felony, when the defendant is on bail.
(4) Prosecutions for misdemeanor, when the defendant is on bail.
(b) Notwithstanding subdivision (a), all criminal actions in which (1) a minor is detained as a material witness or is the victim of the alleged offense, (2) a person who was 70 years of age or older at the time of the alleged offense or is a dependent adult, as defined in subdivision (h) of Section 368, was a witness to, or is the victim of, the alleged offense or (3) any person is a victim of an alleged violation of Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289 or former Section 262 or 288a, committed by the use of force, violence, or the threat thereof, shall be given precedence over all other criminal actions in the order of trial. In those actions, continuations shall be granted by the court only after a hearing and determination of the necessity thereof, and in any event, the trial shall be commenced within 30 days after arraignment, unless for good cause the court shall direct the action to be continued, after a hearing and determination of the necessity of the continuance, and states the findings for a determination of good cause on the record.
(c) This section does not provide a statutory right to a trial within 30 days.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 40. (AB 1171) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1048.
- Text hash
- sha256 9aaf45409677729137958bc8bef8ae7f733cb542f0387a5f351a9bdb22e6689b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 261Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 264.1Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 273aPrinted as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 273dPrinted as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 285Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 286Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 287Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 288Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 289Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 368Printed as Section 368
Cited by 1 provision
Provisions in this library whose text cites Pen. Code, § 1048. Each shows the citation as that text prints it.
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