Section 881 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
881
. (a) If a 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 magistrate shall
commit him or her to prison until he or she complies or is legally
discharged.
(b) If a witness fails to appear at the preliminary hearing in
response to a subpoena, the court may hear evidence, including
testimony or an affidavit from the arresting or interviewing officer,
and if the court determines on the basis of the evidence that the
witness is a material witness, the court shall issue a bench warrant
for the arrest of the witness, and upon the appearance of the
witness, may commit him or her into custody until the conclusion of
the preliminary hearing, or until the defendant enters a plea of nolo
contendere, or the witness is otherwise legally discharged.
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 that the court deems proper.
(c) Once the material witness has been taken into custody on the
bench warrant he or she shall be brought before the magistrate
issuing the warrant, if available, within two court days for a
hearing to determine if the witness should be released on security of
appearance or maintained in custody.
(d) A material witness shall remain in custody under this section
for no longer than 10 days.
(e) If a material witness is being held in custody under this
section the prosecution is entitled to have the preliminary hearing
proceed, as to this witness only, within 10 days of the arraignment
of the defendant. Once this material witness has completed his or her
testimony the defendant shall be entitled to a reasonable
continuance.