Code Section

Penal Code - PEN

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

  ( Part 2 enacted 1872. )
  

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5]

  ( Title 10 enacted 1872. )
  

CHAPTER 1. Bail [1268 - 1320.6]

  ( Chapter 1 enacted 1872. )
  

ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5]
  ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. )

  
1318.  

(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:

(1) The defendant’s promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.

(2) The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate.

(3) The defendant’s promise not to depart this state without leave of the court.

(4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.

(5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.

(Amended (as amended by Stats. 1985, Ch. 1432) by Stats. 1988, Ch. 403, Sec. 4. Repealed pursuant to Section 1320.6 if and when that section takes effect.)