Pen. Code, § 1273 · Article 1. In What Cases the Defendant May Be Admitted to Bail
Pen. Code, § 1273
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
If the offense is bailable, the defendant may be admitted to bail before conviction:
First—For his appearance before the magistrate, on the examination of the charge, before being held to answer.
Second—To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination.
Third—After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial.
And after conviction, and upon an appeal:
First—If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.
Second—If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof.
Notes and commentary — not statutory text
History
Amended by Code Amendments 1875-76, Ch. 80.
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=1273.
- Text hash
- sha256 a289b90eba49288137ead03dee734f14ecfd6b0ff4ba830a938888bc0f473776
- 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
Cited by 1 provision
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Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.