Section 1301 Of Article 6. Exoneration From California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 6.
1301
. For the purpose of surrendering the defendant, the bail or
any person who has deposited money or bonds to secure the release of
the defendant, at any time before such bail or other person is
finally discharged, and at any place within the state, may himself
arrest defendant, or by written authority indorsed on a certified
copy of the undertaking or a certified copy of the certificate of
deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state
shall, without unnecessary delay, and, in any event, within 48 hours
of the arrest, deliver the defendant to the court or magistrate
before whom the defendant is required to appear or to the custody of
the sheriff or police for confinement in the appropriate jail in the
county or city in which defendant is required to appear. Any bail or
other person who arrests a defendant outside this state shall,
without unnecessary delay after the time defendant is brought into
this state, and, in any event, within 48 hours after defendant is
brought into this state, deliver the defendant to the custody of the
court or magistrate before whom the defendant is required to appear
or to the custody of the sheriff or police for confinement in the
appropriate jail in the county or city in which defendant is required
to appear.
Any bail or other person who willfully fails to deliver a
defendant to the court, magistrate, sheriff, or police as required by
this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of
a defendant are for his benefit and, with the consent of the bail,
may be waived by him. To be valid, such waiver shall be in writing,
signed by the defendant, and delivered to such bail or other person
within 48 hours after the defendant's arrest or entry into this
state, as the case may be. The defendant, at any time and in the same
manner, may revoke said waiver. Whereupon, he shall be delivered as
provided herein without unnecessary delay and, in any event within 48
hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a
Saturday, Sunday, or holiday, delivery of a defendant by a bail or
other person to the court or magistrate or to the custody of the
sheriff or police may, without violating this section, take place
before noon on the next day following which is not a Saturday,
Sunday, or holiday.