Section 1204.5 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1204.5
. (a) In any criminal action, after the filing of any
complaint or other accusatory pleading and before a plea, finding, or
verdict of guilty, no judge shall read or consider any written
report of any law enforcement officer or witness to any offense, any
information reflecting the arrest or conviction record of a
defendant, or any affidavit or representation of any kind, verbal or
written, without the defendant's consent given in open court, except
as provided in the rules of evidence applicable at the trial, or as
provided in affidavits in connection with the issuance of a warrant
or the hearing of any law and motion matter, or in any application
for an order fixing or changing bail, or a petition for a writ.
(b) This section does not preclude a judge, who is not the
preliminary hearing or trial judge in the case, from considering any
information about the defendant for the purpose of that judge
adopting a pre-trial sentencing position or approving or disapproving
a guilty plea entered pursuant to Section 1192.5, if all of the
following occur:
(1) The defendant is represented by counsel, unless he or she
expressly waives the right to counsel.
(2) Any information provided to the judge for either of those
purposes is also provided to the district attorney and to the defense
counsel at least five days prior to any hearing or conference held
for the purpose of considering a proposed guilty plea or proposed
sentence.
(3) At any hearing or conference held for either of those
purposes, defense counsel or the district attorney is allowed to
provide information, either on or off the record, to supplement or
rebut the information provided pursuant to paragraph (2).