Penal Code, 1872

If a felony case is filed after the defendant has already posted bail, the court may commit the defendant to custody unless the defendant posts increased bail set by the order.

If the defendant is present when the order is made, he must be forthwith committed; if not, a bench warrant must be issued.

This section requires courts to tell uncounseled defendants about counsel rights and, in some cases, assign counsel or take steps to determine ability to hire counsel.

When assigning defense counsel in felony cases, the court must choose counsel who is on the record as ready within the code’s time limits, unless the case is unusually complex. The court may set extra preparation time, may let counsel get familiar with the case, and may sanction counsel who said they would be ready but are not.

Counsel at the preliminary examination must keep representing a felony defendant until the arraignment date on the information, unless the court relieves counsel because other counsel is substituted or for cause.

This section sets how assigned counsel is selected and paid in certain criminal cases, gives appointed counsel and court-appointed investigators equal access rights to information, and allows limited court discretion to depart from the default appointment order.

A court-appointed attorney is entitled to reasonable compensation and necessary expenses, and the judge must consider listed factors when setting them.

The Department of Finance must pay counties, from available state money for this purpose, up to 10% of certain county spending on counsel for qualifying persons. The department may also adopt rules and set the application process.

This section lets an indigent defendant in certain serious cases ask the court for defense funds, requires a sworn application showing necessity, and sets rules for how the court, Controller, and attorney must handle the request and related records.

An arraignment must be conducted by the court, or by the clerk or prosecuting attorney acting under the court’s direction.

At arraignment, the defendant must state his true name if the prosecuting name is not correct; the court may then proceed under the accusatory name or, if another true name is claimed, enter it in the minutes.

The Superintendent of State Printing must not have interests in certain contracts or related state work while in office.

If the defendant asks for it at arraignment, the defendant must be given a reasonable time to answer.

This section tells the magistrate to decide probable cause at arraignment in certain misdemeanor cases, and it sets what happens if probable cause is found or not found.

For felony cases, the court must require a defendant’s right thumbprint at arraignment or another listed stage, with fallback steps if a thumbprint cannot be given.

At arraignment, the court must give certain parenting-related information to a felony defendant who is a sole custodial parent of minor children, or whom the court reasonably treats as one.

A court must set aside an indictment or information on the defendant’s motion if the listed defects are shown, subject to Section 995a(b).

This section lets the court fix certain indictment or information defects, order further proceedings for minor errors, and limits that procedure to one use per information.

If the defendant does not make the motion to set aside the indictment or information, the defendant cannot later raise the objections listed in Section 995.

The court must hear a motion to set aside an indictment or information when it is made, unless it postpones the hearing for cause.

If a case is sent back for resubmission or a new information, the defendant stays in custody unless released on bail, and any bail or deposited money secures the defendant’s appearance; the court must make the Section 997 order when the grand jury is discharged if no new indictment or information has been filed.

An order setting aside an indictment or information does not prevent a later prosecution for the same offense.

A petition for a writ of prohibition must be filed in the appellate court within 15 days after a Section 995 motion is denied, and a copy must be served on the district attorney.

The Legislature states that a small number of repeat felony offenders commit a disproportionate amount of serious crime against the people of California and says this chapter is intended to support stronger district attorney efforts to prosecute them.

This section creates a program to provide financial and technical assistance to district attorneys’ offices, with the Director of Emergency Services administering the funds.

Career criminal prosecution units that receive funds under this chapter must focus enhanced prosecution efforts on individuals selected under Section 999e.

People who are arrested for certain felonies and meet listed prior-offense criteria are subject to career criminal prosecution efforts. District attorneys may also narrow those efforts in some counties, and must consider specified defendant and charge factors when using that discretion.

Certain district attorney offices must follow strict career-criminal prosecution policies, and prosecutions in these cases generally may not negotiate plea agreements.

The Section 999e selection criteria must be followed in each career criminal case, unless the prosecutor reasonably decides that extraordinary circumstances justify departing from them.

The defendant cannot be described as a “career criminal” to the trier of fact.

The Legislature says repeat sexual offenders are a serious danger and states its intent to support stronger prosecution efforts by district attorneys’ offices.

Creates a grant program for district attorneys’ offices and sets rules for how emergency services officials must draft, issue, and administer the guidelines and funds.

Certain repeat sexual offender prosecution units that receive funds under this chapter must focus enhanced prosecution efforts and resources on people identified by Section 999l.

A district attorney may narrow repeat sexual offender prosecutions in some counties, but may not reject cases solely because the victim and alleged offender are related, and must consider specified defendant and charge factors when using that discretion.

District attorney’s offices with a repeat sexual offender prosecution unit and state support must adopt and follow policies to oppose pretrial release, seek the most severe authorized sentence, and reduce time to disposition in repeat sexual offender cases.

District attorney offices that run repeat sexual offender prosecution units and receive state support must file quarterly information with the Office of Emergency Services, and selection criteria must be followed for each repeat sexual offender case unless extraordinary circumstances justify departure.

The characterization of a defendant as a repeat sexual offender must not be communicated to the trier of fact.

The Office of Emergency Services is encouraged to use any federal funds that become available to implement this chapter.

The Legislature states that child abusers are a serious danger and says it intends to support district attorneys in using vertical prosecution and other organizational and operational techniques to improve prosecutions and sentences.

This section creates a Child Abuser Prosecution Program, requires emergency services officials to set and submit grant guidelines, and restricts how program funds may be used and reviewed.

Child abuser prosecution units that receive funds under this chapter must focus enhanced prosecution efforts on people identified by Section 999t selection criteria.

A district attorney may limit child abuser prosecution efforts under certain county crime conditions, may not reject cases solely because the victim and alleged offender are related, and must consider the defendant’s character and prior background when using prosecutorial discretion.

Certain district attorney’s offices must adopt and carry out child-abuser prosecution policies, including resisting pretrial release, using diversion where appropriate, and speeding case disposition.

District attorney’s offices with a child abuser prosecution unit and state support must send quarterly information to the Office of Emergency Services; child abuser case selection criteria generally must be followed unless a prosecutor reasonably departs because extraordinary circumstances require it.

The defendant’s characterization as a “child abuser” must not be communicated to the trier of fact.

The Office of Emergency Services is encouraged to use any federal funds that become available to implement this chapter.

The Office of Emergency Services must report annually to the Legislature and submit an evaluation of the Child Abuser Prosecution Program on the stated schedule.