Statute · California Penal Code
Cal. Penal Code § 861.5 — Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer
Cal. Penal Code § 861.5
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Date
- 2006-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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…
Citator
Cal. Penal Code § 861.5 — Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer is in force in the current edition of the Code, and nothing recorded condemns it.
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.