(a)A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to
personally appear in court at a specific time and place.
(3)If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall become operative January 1, 2026.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1987–2026 · leading case:
People v. Jimenez, 19 Cal. App. 4th 1175 (Cal. Ct. App. 1993).
People v. Jimenez, 19 Cal. App. 4th 1175 (Cal. Ct. App. 1993).
· cites it 2× “(Pen. Code, § 978.5.) The district attorney argues Penal Code section 977, subdivision (b) [2] compelled defendant's presence on September 4.”
People v. Johnson, 195 Cal. App. 3d 510 (Cal. Ct. App. 1987).
“(Pen. Code, §§ 978.5, 1196.) A warrant issued on an affidavit describing events out of court is an arrest warrant.”
In re Inquiry Concerning Velasquez, 49 Cal. 4th CJP Supp. 175 (2007).
· cites it 2× “) Penal Code section 978.5, subdivision (a), provides that a bench warrant may be issued whenever a defendant “fails to appear in court as required by law” (italics added).”
Valderas v. Super. Ct. (Cal. Ct. App. 2021).
“) The California Commission on Judicial Performance explained why the judge improperly issued the bench warrants: “Penal Code section 978.5, subdivision (a), provides that a bench warrant may be issued whenever a defendant ‘fails to appear in court as required by law’ .”
In re Kowalczyk (Cal. 2026).
“(Pen. Code, § 978.5, subds. (a)(2) & (3).) In the unusual case where a court is concerned that a defendant will flee California or the United States to avoid prosecution, a court may order home detention, GPS monitoring, or the surrender of travel documents.”
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