Additional Provisions Regarding Criminal Procedure — California Penal Code — Time Of Commencing Criminal Actions — Commencement of prosecution for offense Date: 15 Sep 2016 TEXT PDF Current through the 2016 Legislative Session Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: (a) An indictment or information is filed. (b) A complaint is filed charging a misdemeanor or infraction. (c) The defendant is arraigned on a complaint that charges the defendant with a felony. (d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint. Ca. Pen. Code § 804 Amended by Stats 2008 ch 110 (SB 610),s 1, eff. 1/1/2009. Amended by Stats 2006 ch 901 (SB 1422),s 8.1, eff. 1/1/2007.