(1) Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable.
California SB 238 (20172018) — Criminal procedure: arrests and evidence.
(1) Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar — 7–0 (pass) · lower
Do pass. To Consent Calendar. — 14–0 (pass) · lower
Special Consent Calendar (Urgency Clause) — 40–0 (pass) · upper
SB 238 Hertzberg Third Reading Urgency By BLOOM — 79–0 (pass) · lower
Sponsors
Hertzberg — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2017-02-06 Introduced. Read first time. To Com. on RLS. for assignment. To print. introduction, reading-1
2017-02-07 From printer. May be acted upon on or after March 9.
2017-02-16 Referred to Com. on PUB. S. referral-committee
2017-03-01 Set for hearing March 21.
2017-03-22 From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 430.) (March 21). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2017-04-05 Set for hearing April 17.
2017-04-17 From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. committee-passage, reading-2
2017-04-18 Read second time. Ordered to consent calendar. reading-2, reading-1
2017-04-20 Read third time. Urgency clause adopted. Passed. (Ayes 36. Noes 0. Page 768.) Ordered to the Assembly. reading-3, passage, reading-1
2017-04-20 In Assembly. Read first time. Held at Desk. reading-1
2017-05-18 Referred to Com. on PUB. S. referral-committee
2017-06-13 From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2017-06-28 From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28). committee-passage-favorable, committee-passage
2017-06-29 Read second time. Ordered to consent calendar. reading-2, reading-1
2017-07-03 From consent calendar on motion of Assembly Member Bonta.
2017-07-03 Ordered to third reading.
2017-09-08 Read third time and amended. amendment-passage, reading-3, reading-1
2017-09-08 Ordered to third reading.
2017-09-11 Read third time. Urgency clause adopted. Passed. (Ayes 79. Noes 0. Page 3149.) Ordered to the Senate. reading-3, passage, reading-1
2017-09-11 In Senate. Concurrence in Assembly amendments pending.
2017-09-12 Ordered to special consent calendar.
2017-09-14 Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2905.) Ordered to engrossing and enrolling. committee-passage-favorable, amendment-passage
2017-09-20 Enrolled and presented to the Governor at 4 p.m.
2017-10-07 Approved by the Governor. executive-signature
2017-10-07 Chaptered by Secretary of State. Chapter 566, Statutes of 2017.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/1f50bdda-ec89-4f99-85db-ba5c5506d6f2. Confidence: reported (aggregated from official California legislature records).