Pen. Code, § 1298 · Article 5. Deposit Instead of Bail
Pen. Code, § 1298
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and these bonds shall be treated in the same manner as a deposit of money or the defendant or any other person may give as security any equity in real property which he or she owns, provided that no charge is made to the defendant or any other person for the giving as security of any equity in real property. A hearing, at which witnesses may be called or examined, shall be held before the magistrate to determine the value of the equity and if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail. The clerk shall, under order of the court, when occasion arises therefor, sell the bonds or the equity and apply the proceeds of the sale in the manner that a deposit of cash may be required to be applied.
Notes and commentary — not statutory text
History
Amended by Stats. 2008, Ch. 699, Sec. 14. Effective January 1, 2009.
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=1298.
- Text hash
- sha256 fd2c3901f5e0f0a3759ce467fc0817953ccf21359e7c720c59a6302f03150838
- 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
BenchPath cards that rely on this text
- Calaveras County Superior Court Local Court Rules (effective July 1, 2026) — Chapter 4: Criminal Rules
- Monterey County Superior Court Local Rules of Court (effective July 1, 2026) — Chapter 14: Criminal Law Department
- Placer County Superior Court Local Rules of Court (effective January 1, 2026) — Chapter 40.00: Criminal Rules
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.