California statute
Cal. Penal Code § 861.5
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer, California Penal Code.
Full text of Cal. Penal Code § 861.5
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
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.
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