Existing law governs the procedure for issuing a warrant of arrest by a magistrate. If a declaration of probable cause is made by a peace officer, existing law requires the magistrate to issue a warrant of probable cause for the arrest of the defendant described in the declaration only if the magistrate is satisfied that there is probable cause that the offense described in the declaration has been committed and that the defendant has committed the offense. Existing law allows the issuing magistrate to examine the person seeking the warrant and any witnesses the person may produce under oath. Existing law provides additional requirements for making and signing the declaration of probable cause, as specified.
This bill would require a magistrate, before issuing an arrest warrant pursuant to these provisions, to examine the declaration of probable cause made by a peace officer, or an employee of a public prosecutor's office when the subject of the arrest warrant is a peace officer.

Statutes affected:
AB127: 817 PEN
12/18/20 - Introduced: 817 PEN
04/14/21 - Amended Assembly: 817 PEN
06/10/21 - Enrolled: 817 PEN
06/28/21 - Chaptered: 817 PEN
AB 127: 817 PEN