Pen. Code, § 859a · Chapter 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer
Pen. Code, § 859a
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read the complaint to the defendant and ask him or her whether he or she pleads guilty or not guilty to the offense charged therein and to a previous conviction or convictions of crime if charged. While the charge remains pending before the magistrate and when the defendant’s counsel is present, the defendant may plead guilty to the offense charged, or, with the consent of the magistrate and the district attorney or other counsel for the people, plead nolo contendere to the offense charged or plead guilty or nolo contendere to any other offense the commission of which is necessarily included in that with which he or she is charged, or to an attempt to commit the offense charged and to the previous conviction or convictions of crime if charged upon a plea of guilty or nolo contendere. The magistrate may then fix a reasonable bail as provided by this code, and upon failure to deposit the bail or surety, shall immediately commit the defendant to the sheriff. Upon accepting the plea of guilty or nolo contendere the magistrate shall certify the case, including a copy of all proceedings therein and any testimony that in his or her discretion he or she may require to be taken, to the court in which judgment is to be pronounced at the time specified under subdivision (b), and thereupon the proceedings shall be had as if the defendant had pleaded guilty in that court. This subdivision shall not be construed to authorize the receiving of a plea of guilty or nolo contendere from any defendant not represented by counsel. If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered.
(b) Notwithstanding Section 1191 or 1203, the magistrate shall, upon the receipt of a plea of guilty or nolo contendere and upon the performance of the other duties of the magistrate under this section, immediately appoint a time for pronouncing judgment in the superior court and refer the case to the probation officer if eligible for probation, as prescribed in Section 1191.
Notes and commentary — not statutory text
History
Amended by Stats. 2002, Ch. 784, Sec. 533. Effective January 1, 2003.
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=859a.
- Text hash
- sha256 3f0a2f7d9686dd1dcd9255de3dd77d6e53f11681fb3828ce5958835e05f4da0c
- 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.
Cited by 12 provisions
Provisions in this library whose text cites Pen. Code, § 859a. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 737Printed as Section 859a
- Pen. Code, § 806Printed as Section 859a of this code
- Pen. Code, § 859bPrinted as Section 859a
- Pen. Code, § 860Printed as Section 859a of this code
- Pen. Code, § 949Printed as Section 859a
- Pen. Code, § 969.5Printed as Section 859a
- Pen. Code, § 992Printed as Section 859a
- Pen. Code, § 1192.2Printed as Section 859a
California Rules of Court
- Cal. Rules of Court, rule 4.114Certification under Penal Code section 859aPrinted as Penal Code section 859a
- Cal. Rules of Court, rule 8.304Filing the appeal; certificate of probable causePrinted as Penal Code section 859a
- Cal. Rules of Court, rule 8.850Application of chapterPrinted as Penal Code section 859a
- Cal. Rules of Court, rule 8.900Application of chapterPrinted as Penal Code section 859a
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.