Pen. Code, § 1319.5 · Article 9. Procedure Relating to Release on Own Recognizance
Pen. Code, § 1319.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A person described in subdivision (b) who is arrested for a new offense shall not 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 violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).
(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).
(C) A violation of Section 459 (residential burglary).
(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.
(E) Any offense involving domestic violence.
(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.
(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.
(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.
(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law).
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 554, Sec. 1. (AB 789) Effective January 1, 2018.
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=1319.5.
- Text hash
- sha256 165901fcc40b923a8172c938fcb3f0128a7a45e6f616f5c0690f4b692d99c647
- 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.
California Constitution
Penal Code
- Pen. Code, pt. 1, tit. 7, ch. 11Street Terrorism Enforcement and Prevention ActPrinted as Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1
- Pen. Code, pt. 1, tit. 8, ch. 9Assault and BatteryPrinted as Chapter 9 (commencing with Section 240) of Title 8 of Part 1
- Pen. Code, § 459Printed as Section 459
- Pen. Code, § 1270.1Printed as Section 1270.1
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.