CA SB 821
deadCriminal procedure: arraignment.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 821 pass?
No. CA SB 821 did not pass — it was defeated or died in the legislative process. Latest recorded action (2026-02-02): Returned to Secretary of Senate pursuant to Joint Rule 56.
What is CA SB 821 about?
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.
Who sponsors CA SB 821?
Arreguín is the primary sponsor of CA SB 821.
Description
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.
- Introduced
- 2025-02-21
- Latest action
- 2026-02-02 — Returned to Secretary of Senate pursuant to Joint Rule 56.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Arreguínauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-02-02
Returned to Secretary of Senate pursuant to Joint Rule 56.
failure
2025-05-23
May 23 hearing: Held in committee and under submission.
2025-05-16
Set for hearing May 23.
2025-04-21
April 21 hearing: Placed on APPR. suspense file.
2025-04-10
Set for hearing April 21.
2025-04-08
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2025-04-02
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2025-03-27
Set for hearing April 8.
2025-03-12
Referred to Com. on PUB. S.
referral-committee
2025-02-24
From printer. May be acted upon on or after March 24.
2025-02-24
Read first time.
reading-1
2025-02-21
Introduced. To Com. on RLS. for assignment. To print.
introduction,referral-committee
Versions
Documents
- application/pdf
- application/pdf
- text/html
- application/pdf(no extracted text yet)
- application/pdf(no extracted text yet)
- application/pdf(no extracted text yet)
Votes
Do pass, but first be re-referred to the Committee on [Appropriations]
2025-04-08 · pass · 5-0
Member-level votes (6)
- Caballero: yes
- Wiener: yes
- Pérez: yes
- Arreguín: yes
- Gonzalez: yes
- Seyarto: other
Placed on suspense file
2025-04-21 · pass · 6-0
Member-level votes (7)
- Grayson: yes
- Wahab: yes
- Richardson: yes
- Cabaldon: yes
- Caballero: yes
- Seyarto: yes
- Dahle: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-28T03:39:07.744787Z
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