SB 821 California Senate · 2025-2026 Regular Session

Criminal procedure: arraignment.

Summary

Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only. Existing law requires the court, during the in-custody appearance of a person charged with a misdemeanor, to determine whether there is probable cause to believe that a public offense has been committed. This bill would require the court to promptly, but no later than 48 hours after a warrantless arrest, review the basis for the arrest and make an initial determination whether probable cause exists that an offense has been committed and that the arrested person committed it if the defendant remains in custody, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the person to be released immediately and provide notice to both the arrested person and the person having custody of the arrested person. Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult. This bill would require the court to promptly, but no later than 48 hours after a juvenile is taken into custody, make a determination whether an offense has been committed and whether the juvenile in custody committed it, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the juvenile to be released immediately and provide notice to the juvenile, the person or entity having custody of the juvenile, and the public defender or indigent defense provider.

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 21, 2025 Last action Feb 2, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

04/02/25 - Amended Senate → SB821 · 1 edit

MINOR

This diff reflects a change in document presentation format only, from a traditional legislative document layout (with line numbers, page headers, and formal spacing) to a web-based bill text format (with navigation elements like 'skip to content,' 'home,' 'accessibility,' and search tools). The substantive bill text of SB 821 is identical between the two versions.

TECHNICAL

The document was reformatted from a traditional legislative print layout with line numbers and page breaks into a web-based presentation format with navigation menus, quick search, and standard website elements. No policy language was added, removed, or altered.

02/21/25 - Introduced → 04/02/25 - Amended Senate · 7 edits · Apr 2, 2025

MODERATE

The Senate amendment to SB 821 adds a new standalone section (631.2) to the Welfare and Institutions Code creating a dedicated probable cause determination requirement for juveniles, allows magistrates (not just judges) to make these determinations, expands notice requirements so that arrested persons and their public defenders are informed of release orders, permits police reports as a basis for probable cause findings, and removes the judicial holidays and petition-filing exemptions from the 48-hour juvenile release rule. The state-mandated local program designation was also changed from yes to no.

SCOPE

New Section 631.2 added to the Welfare and Institutions Code creating a standalone probable cause determination requirement for juveniles, including that the determination may be made by a magistrate (not just a judge) notwithstanding Section 246.

The state-mandated local program designation in the fiscal summary was changed from 'yes' to 'no,' indicating the bill no longer imposes a reimbursable state mandate on local agencies.

ELIGIBILITY

Section 631(a)(1)(A) removed the exceptions allowing continued detention beyond 48 hours when a petition to declare the minor a ward has been filed or a criminal complaint has been filed. The only exception now is if the court determines probable cause exists under paragraph (2).

REQUIREMENT

Penal Code Section 849(a)(5) now requires the court to convey the release order to both the person having custody of the arrested person AND the arrested person themselves, whereas previously only the custodian was notified.

New Section 631.2(d) requires that when a juvenile is released for lack of probable cause, notice must be given to the person or entity having custody, the minor, and the public defender or indigent defense provider under Section 627(c).

TECHNICAL

Both Penal Code Section 849(a)(4) and new Section 631.2(c) now allow the probable cause determination to be based on sworn statements from the arresting officer OR a police report, expanding the acceptable evidentiary basis beyond just sworn statements.

Record-keeping requirements in both Penal Code Section 849(a)(6)(B) and new Section 631.2(e) now require the date (not just time) of the arrest and the date of the probable cause determination.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 23, 2025

Upper · Passed

May 23 hearing: Held in committee and under submission.

upper

Apr 8, 2025

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR.

upper

Apr 2, 2025

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

upper

Mar 12, 2025

Committee

Referred to Com. on PUB. S.

upper

Feb 21, 2025

Introduced

Introduced. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors