California Legal Codes and Statutes

§ 861.5

Amended by Stats. 2005, Ch. 279, Sec. 7. Effective January 1, 2006.

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.

Cite this section

Cal. Pen. Code § 861.5 (2026)
https://ca.codecond.com/codes/pen/part-2-of-criminal-procedure/title-3-additional-provisions-regarding-criminal-procedure/chapter-7-examination-of-the-case-and-discharge-of-the-defendant-or-holding-him-to-answer/section-861.5

Other sections in Chapter 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

§ 858§ 858.5§ 858.7§ 859§ 859.1§ 859.5§ 859.7§ 859a§ 859b§ 859c…§ 875§ 876§ 877§ 877a§ 878§ 879§ 880§ 881§ 882§ 883

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