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Cal. Penal Code § 1318 (2026)

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(a)The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:

(1)The defendant’s promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.

(2)The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate.

(3)The defendant’s promise not to depart this state without leave of the court.

(4)Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.

(5)The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1976–2025 · leading case: Simon v. City & Cnty. of San Francisco, 135 F.4th 784 (9th Cir. 2025).
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Simon v. City & Cnty. of San Francisco, 135 F.4th 784 (9th Cir. 2025). · cites it 4× “Cal. Penal Code § 1318 (a)(1)–(2), (5). Section 1318 “does not govern a magistrate’s exercise of discretion whether to grant or release”; “[r]ather, section 1318 prescribes the terms of the defendant’s OR agreement.”
Van Atta v. Scott, 613 P.2d 210 (Cal. 1980). · cites it 5× “); or (3) own recognizance release (Pen. Code, § 1318 et seq.). [1] Release by citation is limited by police regulations to misdemeanor offenses where the arrestee has no outstanding warrants and resides in, or within 30 miles of, San Francisco.”
People v. Standish, 135 P.3d 32 (Cal. 2006). · cites it 2× “' *797 Penal Code section 1318 sets forth a variety of requirements that an OR release agreement must satisfy.”
In Re York, 892 P.2d 804 (Cal. 1995). · cites it 2× “” 4 Penal Code section 1318 sets forth a variety of requirements that an OR release agreement must satisfy.”
United States v. Raymond Lee Scott, 450 F.3d 863 (9th Cir. 2006). “which the court deems reasonably necessary”); Cal. Penal Code § 1318 (a)(2) (requiring a “defendant’s promise to obey all reasonable conditions imposed by the court or magistrate” before he can be released on his own recognizance); Haw Rev.”
Robert Yousefian v. City of Glendale, 779 F.3d 1010 (9th Cir. 2015). “Cal.Penal Code § 1318(a). Our case law does not make clear whether California’s OR release conditions, as applied to a defendant facing felony charges, constitute a Fourth Amendment seizure.”
Naidu v. Superior Court of Riverside Cnty., 229 Cal. Rptr. 3d 29 (Cal. Ct. App. 5th 2018). · cites it 2× “We take no quarrel with the idea that public safety is very important in the bail-setting process, nor could we, as Penal Code section 1275, subdivision (a)(1), explicitly *34 provides that "[t]he public safety shall be the primary consideration.”
People v. Ormiston, 129 Cal. Rptr. 2d 567 (Cal. Ct. App. 2003). “[8] Penal Code section 1318 reads: "(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes: [¶] (1) The defendant's…”
Williams v. Cnty. of San Joaquin, 90 Cal. Daily Op. Serv. 8719 (Cal. Ct. App. 1990). “(Pen. Code, § 1318.) In this appeal from a judgment of dismissal entered after the trial court sustained the county’s demurrer, we reject plaintiffs’ constitutional and statutory attack on the OR release program.”
Oliver v. United States, 682 A.2d 186 (D.C. 1996). “5 (quoting Cal.Penal Code § 1318(a)(2)). Nonetheless, the court concluded that the drug testing condition "clearly relate[s] to the prevention and detection of further crime and thus to the safety of the public.”
People v. Rottanak K., 95 Cal. Daily Op. Serv. 6043 (Cal. Ct. App. 1995). “In this regard, Penal Code section 1318 provides: “(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes: *277 “(1)…”
People v. Forrester, 94 Cal. Daily Op. Serv. 9675 (Cal. Ct. App. 1994). “(Pen. Code, § 1318.) Defendant did not appear and a warrant of arrest issued.”
Show all 18 citing cases →
— Cal. Penal Code § 1318(a) — 1 case
Robert Yousefian v. City of Glendale, 779 F.3d 1010 (9th Cir. 2015). “Cal.Penal Code § 1318(a). Our case law does not make clear whether California’s OR release conditions, as applied to a defendant facing felony charges, constitute a Fourth Amendment seizure.”
— Cal. Penal Code § 1318(a)(2) — 3 cases
Oliver v. United States, 682 A.2d 186 (D.C. 1996). “5 (quoting Cal.Penal Code § 1318(a)(2)). Nonetheless, the court concluded that the drug testing condition "clearly relate[s] to the prevention and detection of further crime and thus to the safety of the public.”
United States v. Scott (9th Cir. 2005).
United States v. Scott (9th Cir. 2006).
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