Section 1332 Of Chapter 3. Compelling The Attendance Of Witnesses From California Penal Code >> Title 10. >> Part 2. >> Chapter 3.
1332
. (a) Notwithstanding the provisions of Sections 878 to 883,
inclusive, when the court is satisfied, by proof on oath, that there
is good cause to believe that any material witness for the
prosecution or defense, whether the witness is an adult or a minor,
will not appear and testify unless security is required, at any
proceeding in connection with any criminal prosecution or in
connection with a wardship petition pursuant to Section 602 of the
Welfare and Institutions Code, the court may order the witness to
enter into a written undertaking to the effect that he or she will
appear and testify at the time and place ordered by the court or that
he or she will forfeit an amount the court deems proper.
(b) If the witness required to enter into an undertaking to appear
and testify, either with or without sureties, refuses compliance
with the order for that purpose, the court may commit the witness, if
an adult, to the custody of the sheriff, and if a minor, to the
custody of the probation officer or other appropriate agency, until
the witness complies or is legally discharged.
(c) When a person is committed pursuant to this section, he or she
is entitled to an automatic review of the order requiring a written
undertaking and the order committing the person, by a judge or
magistrate having jurisdiction over the offense other than the one
who issued the order. This review shall be held not later than two
days from the time of the original order of commitment.
(d) If it is determined that the witness must remain in custody,
the witness is entitled to a review of that order after 10 days.
(e) When a witness has entered into an undertaking to appear, upon
his or her failure to do so the undertaking is forfeited in the same
manner as undertakings of bail.