California Penal Code

§ 861

PEN § 861 Effective Jan 1, 1998Title 3 · Part 2 · Ch. 7

Statute text

(a)The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit, postpones it. The postponement shall not be for more than 10 court days, unless either of the following occur:

(1)The defendant personally waives his or her right to a continuous preliminary examination.

(2)The prosecution establishes good cause for a postponement beyond the 10-court-day period. If the magistrate postpones the preliminary examination beyond the 10-court-day period, and the defendant is in custody, the defendant shall be released pursuant to subdivision (b) of Section 859b.

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Legislative history

Amended by Stats. 1997, Ch. 279, Sec. 2. Effective January 1, 1998.