Pen. Code, § 978.5 · Chapter 1. Of the Arraignment of the Defendant
Pen. Code, § 978.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c) This section shall become operative January 1, 2026.
Notes and commentary — not statutory text
History
Repealed (in Sec. 3) and added by Stats. 2022, Ch. 856, Sec. 4. (AB 2294) Effective September 30, 2022. Operative January 1, 2026, by its own provisions.
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=978.5.
- Text hash
- sha256 61b1509f4627fa4a1550ef5d16d127abbfefb2fce975dc88243227650459b992
- 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
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.