California Penal Code CHAPTER 1 - The Judgment

• Section 1191.
  In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of...
• Section 1191.1.
  The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of...
• Section 1191.10.a.
  The definition of the term “victim” as used in Section 1191.1 includes any insurer or employer who was the victim of workers’ compensation fraud for...
• Section 1191.15.
  (a) The court may permit the victim of any crime, his or her parent or guardian if the victim is a minor, or the next of...
• Section 1191.16.
  The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of...
• Section 1191.2.
  In providing notice to the victim pursuant to Section 1191.1, the probation officer shall also provide the victim with information concerning the victim’s right to...
• Section 1191.21.
  (a) (1) The Office of Emergency Services shall develop and make available a “notification of eligibility” card for victims and derivative victims of crimes as defined in...
• Section 1191.25.
  The prosecution shall make a good faith attempt to notify any victim of a crime which was committed by, or is alleged to have been...
• Section 1191.3.
  (a) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the court shall make an oral statement that statutory law permits...
• Section 1192.
  Upon a plea of guilty, or upon conviction by the court without a jury, of a crime or attempted crime distinguished or divided into degrees,...
• Section 1192.1.
  Upon a plea of guilty to an information or indictment accusing the defendant of a crime or attempted crime divided into degrees when consented to...
• Section 1192.2.
  Upon a plea of guilty before a committing magistrate as provided in Section 859a, to a crime or attempted crime divided into degrees, when consented...
• Section 1192.3.
  (a) A plea of guilty or nolo contendere to an accusatory pleading charging a public offense, other than a felony specified in Section 1192.5 or 1192.7,...
• Section 1192.4.
  If the defendant’s plea of guilty pursuant to Section 1192.1 or 1192.2 is not accepted by the prosecuting attorney and approved by the court, the...
• Section 1192.5.
  Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6)...
• Section 1192.6.
  (a) In each felony case in which the charges contained in the original accusatory pleading are amended or dismissed, the record shall contain a statement explaining...
• Section 1192.7.
  (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes”...
• Section 1192.8.
  (a) For purposes of subdivision (c) of Section 1192.7, “serious felony” also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192,...
• Section 1193.
  Judgment upon persons convicted of commission of crime shall be pronounced as follows: (a) If the conviction is for a felony, the defendant shall be personally...
• Section 1194.
  When the defendant is in custody, the Court may direct the officer in whose custody he is to bring him before it for judgment, and...
• Section 1195.
  If the defendant has been released on bail, or has deposited money or property instead thereof, and does not appear for judgment when his personal...
• Section 1196.
  (a) The clerk must, at any time after the order, issue a bench warrant into one or more counties.(b) The clerk shall require the appropriate agency to...
• Section 1197.
  The bench warrant must be substantially in the following form:County of ____The people of the State of California to any peace officer in this State:...
• Section 1198.
  The bench warrant may be served in any county in the same manner as a warrant of arrest.(Amended by Stats. 1951, Ch. 1674.)
• Section 1199.
  Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and...
• Section 1200.
  When the defendant appears for judgment he must be informed by the Court, or by the Clerk, under its direction, of the nature of the...
• Section 1201.
  He or she may show, for cause against the judgment:(a) That he or she is insane; and if, in the opinion of the court, there is...
• Section 1201.3.
  (a) Upon the conviction of a defendant for a sexual offense involving a minor victim or, in the case of a minor appearing in juvenile court,...
• Section 1201.5.
  Any motions made subsequent to judgment must be made only upon written notice served upon the prosecution at least three days prior to the date...
• Section 1202.
  If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in Section 1191, why judgment...
• Section 1202a.
  If the judgment is for imprisonment in the state prison the judgment shall direct that the defendant be delivered into the custody of the Director...
• Section 1202.05.
  (a) Whenever a person is sentenced to the state prison on or after January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 288, 288a,...
• Section 1202.1.
  (a) Notwithstanding Sections 120975 and 120990 of the Health and Safety Code, the court shall order every person who is convicted of, or adjudged by the...
• Section 1202.4.
  (a) (1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a...
• Section 1202.41.
  (a) (1) Notwithstanding Section 977 or any other law, if a defendant is currently incarcerated in a state prison with two-way audiovideo communication capability, the Department of...
• Section 1202.42.
  Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph...
• Section 1202.43.
  (a) The restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, subparagraph (B)...
• Section 1202.44.
  In every case in which a person is convicted of a crime and a conditional sentence or a sentence that includes a period of probation...
• Section 1202.45.
  (a) In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall, at...
• Section 1202.46.
  Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to subdivision (f) of Section 1202.4,...
• Section 1202.5.
  (a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision (a)...
• Section 1202.51.
  In any case in which a defendant is convicted of any of the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or 374.8, the...
• Section 1202.6.
  Notwithstanding Sections 120975, 120980, and 120990 of the Health and Safety Code, upon the first conviction of a person for a violation of subdivision (b)...
• Section 1202.7.
  The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. The safety of the...
• Section 1202.8.
  (a) Persons placed on probation by a court shall be under the supervision of the county probation officer who shall determine both the level and type...
• Section 1203.
  (a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release...
• Section 1203.01.
  (a) Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a...
• Section 1203.016.
  (a) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (h), to offer a program...
• Section 1203.017.
  (a) Notwithstanding any other provision of law, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced misdemeanor...
• Section 1203.018.
  (a) Notwithstanding any other law, this section shall only apply to inmates being held in lieu of bail and on no other basis.(b) Notwithstanding any other law,...
• Section 1203.02.
  The court, or judge thereof, in granting probation to a defendant convicted of any of the offenses enumerated in Section 290 of this code shall...
• Section 1203.03.
  (a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes that...
• Section 1203.045.
  (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to...
• Section 1203.046.
  (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to...
• Section 1203.047.
  A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of...
• Section 1203.048.
  (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to...
• Section 1203.049.
  (a) Except in unusual cases where the interest of justice would best be served if the person is granted probation, probation shall not be granted to...
• Section 1203.05.
  Any report of the probation officer filed with the court, including any report arising out of a previous arrest of the person who is the...
• Section 1203.055.
  (a) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in subdivision...
• Section 1203.06.
  (a) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall...
• Section 1203.065.
  (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is...
• Section 1203.066.
  (a) Notwithstanding Section 1203 or any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor...
• Section 1203.067.
  (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a,...
• Section 1203.07.
  (a) Notwithstanding Section 1203, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons:(1) Any...
• Section 1203.073.
  (a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice would...
• Section 1203.074.
  (a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice would...
• Section 1203.075.
  (a) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall...
• Section 1203.076.
  Any person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section...
• Section 1203.08.
  (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any adult person convicted...
• Section 1203.085.
  (a) Any person convicted of an offense punishable by imprisonment in the state prison but without an alternate sentence to a county jail shall not be...
• Section 1203.09.
  (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who commits...
• Section 1203.095.
  (a) Except as provided in subdivision (b), but notwithstanding any other provision of law, if any person convicted of a violation of paragraph (2) of subdivision...
• Section 1203.096.
  (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in...
• Section 1203.097.
  (a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the...
• Section 1203.098.
  (a) Unless otherwise provided, a person who works as a facilitator in a batterers’ intervention program that provides programs for batterers pursuant to subdivision (c) of...
• Section 1203.1.
  (a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the...
• Section 1203.1a.
  The probation officer of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail,...
• Section 1203.1ab.
  Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with...
• Section 1203.1b.
  (a) In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report, whether...
• Section 1203.1bb.
  (a) The reasonable cost of probation determined under subdivision (a) of Section 1203.1b shall include the cost of purchasing and installing an ignition interlock device pursuant...
• Section 1203.1c.
  (a) In any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a county jail,...
• Section 1203.1d.
  (a) In determining the amount and manner of disbursement under an order made pursuant to this code requiring a defendant to make reparation or restitution to...
• Section 1203.1e.
  (a) In any case in which a defendant is ordered to serve a period of confinement in a county jail or other local detention facility, and...
• Section 1203.1f.
  If practicable, the court shall consolidate the ability to pay determination hearings authorized by this code into one proceeding, and the determination of ability to...
• Section 1203.1g.
  In any case in which a defendant is convicted of sexual assault on a minor, and the defendant is eligible for probation, the court, as...
• Section 1203.1h.
  (a) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse...
• Section 1203.1i.
  (a) In any case in which a defendant is convicted of a violation of any building standards adopted by a local entity by ordinance or resolution,...
• Section 1203.1j.
  In any case in which the defendant is convicted of assault, battery, or assault with a deadly weapon on a victim 65 years of age...
• Section 1203.1k.
  For any order of restitution made under Section 1203.1, the court may order the specific amount of restitution and the manner in which restitution shall...
• Section 1203.1l.
  In any case in which, pursuant to Section 1203.1, the court orders the defendant, as a condition of probation, to make restitution to a public...
• Section 1203.1m.
  (a) If a defendant is convicted of an offense and ordered to serve a period of imprisonment in the state prison, the court may, after a...
• Section 1203.2.
  (a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to this...
• Section 1203.2a.
  If any defendant who has been released on probation is committed to a prison in this state or another state for another offense, the court...
• Section 1203.3.
  (a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or...
• Section 1203.35.
  (a) (1) In any case where the court grants probation or imposes a sentence that includes mandatory supervision, the county probation department is authorized to use flash...
• Section 1203.4.
  (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to...
• Section 1203.4a.
  (a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of...
• Section 1203.41.
  (a) If a defendant is sentenced pursuant to paragraph (5) of subdivision (h) of Section 1170, the court, in its discretion and in the interests of...
• Section 1203.42.
  (a) If a defendant was sentenced prior to the implementation of the 2011 Realignment Legislation for a crime for which he or she would otherwise have...
• Section 1203.43.
  (a) (1) The Legislature finds and declares that the statement in Section 1000.4, that “successful completion of a deferred entry of judgment program shall not, without the...
• Section 1203.45.
  (a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for,...
• Section 1203.47.
  (a) A person who was found to be a person described in Section 602 of the Welfare and Institutions Code by reason of the commission of...
• Section 1203.49.
  If a defendant has been convicted of solicitation or prostitution, as described in subdivision (b) of Section 647, and if the defendant has completed any...
• Section 1203.5.
  The chief probation officers, assistant probation officers, and deputy probation officers appointed in accordance with Chapter 16 (commencing with Section 27770) of Part 3 of...
• Section 1203.7.
  (a) Either at the time of the arrest for a crime of any person over 16 years of age, or at the time of the plea...
• Section 1203.71.
  Any of the duties of the probation officer may be performed by a deputy probation officer and shall be performed by him or her whenever...
• Section 1203.72.
  Except as provided in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203, no court shall pronounce judgment upon any defendant, as to...
• Section 1203.73.
  The probation officers and deputy probation officers in all counties of the state shall be allowed those necessary incidental expenses incurred in the performance of...
• Section 1203.74.
  Upon a determination that, in his or her opinion, staff and financial resources available to him or her are insufficient to meet his or her...
• Section 1203.8.
  (a) A county may develop a multiagency plan to prepare and enhance nonviolent felony offenders’ successful reentry into the community. The plan shall be developed by,...
• Section 1203.9.
  (a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case...
• Section 1203.10.a.
  (a) At the time of the plea or verdict of guilty of any person over 18 years of age, a probation officer of the county of...
• Section 1203.11.
  A probation or parole officer or parole agent of the Department of Corrections may serve any process regarding the issuance of a temporary restraining order...
• Section 1203.12.
  The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms...
• Section 1203.13.
  The probation officer of any county may establish, or assist in the establishment of, any public council or committee having as its object the prevention...
• Section 1203.14.
  Notwithstanding any other provision of law, probation departments may engage in activities designed to prevent adult delinquency. These activities include rendering direct and indirect services...
• Section 1203a.
  In all counties and cities and counties the courts therein, having jurisdiction to impose punishment in misdemeanor cases, shall have the power to refer cases,...
• Section 1203b.
  All courts shall have power to suspend the imposition or execution of a sentence and grant a conditional sentence in misdemeanor and infraction cases without...
• Section 1203c.
  (a) (1) Notwithstanding any other law, whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and Rehabilitation, whether probation has...
• Section 1203d.
  No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.10, unless a copy...
• Section 1203e.
  (a) Commencing June 1, 2010, the probation department shall compile a Facts of Offense Sheet for every person convicted of an offense that requires him or...
• Section 1203f.
  Every probation department shall ensure that all probationers under active supervision who are deemed to pose a high risk to the public of committing sex...
• Section 1203h.
  If the court initiates an investigation pursuant to subdivision (a) or (d) of Section 1203 and the convicted person was convicted of violating any section...
• Section 1204.
  The circumstances shall be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as...
• Section 1204.5.
  (a) In any criminal action, after the filing of any complaint or other accusatory pleading and before a plea, finding, or verdict of guilty, no judge...
• Section 1205.
  (a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine...
• Section 1205.3.
  In any case in which a defendant is convicted of an offense and granted probation, and the court orders the defendant either to pay a...
• Section 1207.
  When judgment upon a conviction is rendered, the clerk must enter the judgment in the minutes, stating briefly the offense for which the conviction was...
• Section 1208.
  (a) (1) The provisions of this section, insofar as they relate to employment, shall be operative in any county in which the board of supervisors by ordinance...
• Section 1208.2.
  (a) (1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to participate in...
• Section 1208.3.
  The administrator is not prohibited by subdivision (c) of Section 1208.2 from verifying any of the following:(a) That the prisoner is receiving wages at a rate...
• Section 1208.5.
  The boards of supervisors of two or more counties having work furlough programs may enter into agreements whereby a person sentenced to, or imprisoned in,...
• Section 1209.
  Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of...
• Section 1209.5.
  Notwithstanding any other provision of law, any person convicted of an infraction may, upon a showing that payment of the total fine would pose a...
• Section 1210.
  As used in Sections 1210.1 and 3063.1 of this code, and Division 10.8 (commencing with Section 11999.4) of the Health and Safety Code, the following...
• Section 1210.1.
  (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive probation....
• Section 1210.5.
  In a case where a person has been ordered to undergo drug treatment as a condition of probation, any court ordered drug testing shall be...

Last modified: October 22, 2018