GroundRules
PEN § 861.5
Where this section sits in the code
- Penal Code - PEN
- PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]
- TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]
- CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858. - 883.]
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.
Collected 2026-09-14T05:56:33Z. Source file · JSON