§ 1993.1.Release of arrested witness upon promise to appear
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 2005 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1993.1 sets out how a sheriff releases a person arrested under Section 1993 on a written promise to appear in court, including the notice's required contents, the thumbprint and privacy safeguards, and the specific circumstances that let an officer withhold release instead.
(a)If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon his or her promise to appear as provided in this section.
(b)The sheriff shall prepare in duplicate a written notice to appear in court, containing the title of the case, case number, name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. In addition, the notice shall advise the person arrested of the provisions of Section 1992.
(c)The date and time specified in the notice to appear in court shall be that determined by the issuing court pursuant to paragraph (12) of subdivision (b) of Section 1993.
(d)The sheriff shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the sheriff, and the sheriff may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The sheriff shall, as soon as practicable, file the original notice with the issuing court. The notice may be electronically transmitted to the court.
(f)The person arrested shall be released unless one of the following is a reason for nonrelease, in which case the arresting officer either may release the person or shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)There were one or more additional outstanding arrest warrants for the person.
(4)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
Plain-English Summary
Arrest under Section 1993 doesn't necessarily mean jail. This section describes the release valve: when the warrant authorizes it, the sheriff can let the arrested person go on a written promise to return to court instead of holding them. The sheriff draws up a duplicate notice with the case title and number, the person's name and address, the offense charged, and the exact time and place to appear, and that notice also has to warn the person about Section 1992's forfeiture and damages exposure for skipping court again.
To secure release, the person signs the duplicate, which the sheriff keeps, and if the person has no satisfactory identification, the sheriff can take a thumbprint, with strict limits on selling, distributing, or databasing that print for anything beyond identifying the arrestee. Signing triggers immediate release, and the sheriff files the original notice with the court as soon as practical, electronically if that's available. Release isn't automatic in every case, though: an officer can hold someone, or must at least document the reason on a departmental form, if the person is too intoxicated to be safe, needs medical care, has other outstanding warrants, or demands a magistrate or refuses to sign the notice.
Frequently Asked Questions
Can a person arrested under a civil bench warrant be released without posting bail?
Yes, if the warrant authorizes it. The sheriff can release the person on a written promise to appear in court instead of holding for bail.
What must the sheriff's notice to appear include?
The case title and number, the person's name and address, the offense charged, the time and place to appear, and a warning about Section 1992's forfeiture and damages exposure.
Can the sheriff take a thumbprint from the arrested person?
Yes, if the person lacks satisfactory identification, but the print can't be sold, distributed, or placed in a database except for identifying that person for law enforcement purposes.
When can an officer decline to release the person on a promise to appear?
When the person is dangerously intoxicated, needs medical care, has other outstanding warrants, or demands a magistrate or refuses to sign the notice.
Amendment History
(Added by Stats.2005, c. 474 (A.B.1150), § 4.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:promise to appear release witness arrestcivil bench warrant release conditions california