Cal. Pen. Code § 861.5

Current through the 2023 Legislative Session.
Section 861.5 - Postponement of preliminary examination

Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288.

The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness' next appearance in the preliminary examination.

Ca. Pen. Code § 861.5

Amended by Stats 2005 ch 279 (SB 1107),s 7, eff. 1/1/2006
Amended by Stats 2004 ch 823 (AB 20), s 12, eff. 1/1/2005.