SB 821: Criminal procedure: arraignment.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only. Existing law requires the court, during the in-custody appearance of a person charged with a misdemeanor, to determine whether there is probable cause to believe that a public offense has been committed.

This bill would require the court to promptly, but no later than 48 hours after a warrantless arrest, review the basis for the arrest and make an initial determination whether probable cause exists that an offense has been committed and that the arrested person committed it if the defendant remains in custody, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the person to be released immediately and provide notice to both the arrested person and the person having custody of the arrested person.

Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.

This bill would require the court to promptly, but no later than 48 hours after a juvenile is taken into custody, make a determination whether an offense has been committed and whether the juvenile in custody committed it, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the juvenile to be released immediately and provide notice to the juvenile, the person or entity having custody of the juvenile, and the public defender or indigent defense provider.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 2, 2026Returned to Secretary of Senate pursuant to Joint Rule 56.
2. May 23, 2025May 23 hearing: Held in committee and under submission.
3. May 16, 2025Set for hearing May 23.
4. April 21, 2025April 21 hearing: Placed on APPR. suspense file.
5. April 10, 2025Set for hearing April 21.
6. April 8, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR.
7. April 2, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
8. March 27, 2025Set for hearing April 8.
9. March 12, 2025Referred to Com. on PUB. S.
10. February 24, 2025Read first time.
11. February 24, 2025From printer. May be acted upon on or after March 24.
12. February 21, 2025Introduced. To Com. on RLS. for assignment. To print.