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  • California Penal Code Section 1
    This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is divided into four parts, as follows: I.--OF CRIMES AND PUNISHMENTS. II.--OF CRIMINAL...
  • California Penal Code Section 2
    This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventy-three.
  • California Penal Code Section 3
    No part of it is retroactive, unless expressly so declared.
  • California Penal Code Section 4
    The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to...
  • California Penal Code Section 5
    The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as...
  • California Penal Code Section 6
    No act or omission, commenced after twelve o'clock noon of the day on which this Code takes effect as a law, is criminal or punishable,...
  • California Penal Code Section 7
    Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the...
  • California Penal Code Section 7.5
    Whenever any offense is described in this code, the Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code),...
  • California Penal Code Section 8
    Whenever, by any of the provisions of this Code, an intent to defraud is required in order to constitute any offense, it is sufficient if...
  • California Penal Code Section 9
    The omission to specify or affirm in this Code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be...
  • California Penal Code Section 10
    The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other trust or special authority conferred by...
  • California Penal Code Section 11
    This code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict punishment upon...
  • California Penal Code Section 12
    The several sections of this Code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the Court authorized to pass...
  • California Penal Code Section 13
    Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must...
  • California Penal Code Section 14
    The various sections of this Code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him...
  • California Penal Code Section 15
    A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed,...
  • California Penal Code Section 16
    Crimes and public offenses include: 1. Felonies; 2. Misdemeanors; and 3. Infractions.
  • California Penal Code Section 17
    (a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by...
  • California Penal Code Section 17.5
    (a) The Legislature finds and declares all of the following: (1) The Legislature reaffirms its commitment to reducing recidivism among criminal offenders. (2) Despite the...
  • California Penal Code Section 18
    (a) Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable...
  • California Penal Code Section 19
    Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by...
  • California Penal Code Section 19.2
    In no case shall any person sentenced to confinement in a county or city jail, or in a county or joint county penal farm, road...
  • California Penal Code Section 19.4
    When an act or omission is declared by a statute to be a public offense and no penalty for the offense is prescribed in any...
  • California Penal Code Section 19.6
    An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged...
  • California Penal Code Section 19.7
    Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace...
  • California Penal Code Section 19.8
    (a) The following offenses are subject to subdivision (d) of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and 853.7 of this code;...
  • California Penal Code Section 19.9
    For purposes of this code, "mandatory supervision" shall mean the portion of a defendant's sentenced term during which time he or she is supervised by...
  • California Penal Code Section 20
    In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
  • California Penal Code Section 21a
    An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward...
  • California Penal Code Section 23
    In any criminal proceeding against a person who has been issued a license to engage in a business or profession by a state agency pursuant...
  • California Penal Code Section 24
    This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as THE PENAL CODE, adding, when necessary, the number of the section.
  • California Penal Code Section 25
    (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused person's...
  • California Penal Code Section 26
    All persons are capable of committing crimes except those belonging to the following classes: One--Children under the age of 14, in the absence of clear...
  • California Penal Code Section 27
    (a) The following persons are liable to punishment under the laws of this state: (1) All persons who commit, in whole or in part, any...
  • California Penal Code Section 28
    (a) Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form any mental state,...
  • California Penal Code Section 29
    In the guilt phase of a criminal action, any expert testifying about a defendant's mental illness, mental disorder, or mental defect shall not testify as...
  • California Penal Code Section 29.2
    (a) The intent or intention is manifested by the circumstances connected with the offense. (b) In the guilt phase of a criminal action or a...
  • California Penal Code Section 29.4
    (a) No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been...
  • California Penal Code Section 29.8
    In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the...
  • California Penal Code Section 30
    The parties to crimes are classified as: 1. Principals; and, 2. Accessories.
  • California Penal Code Section 31
    All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense,...
  • California Penal Code Section 32
    Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may...
  • California Penal Code Section 33
    Except in cases where a different punishment is prescribed, an accessory is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment...
  • California Penal Code Section 37
    (a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be...
  • California Penal Code Section 38
    Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment pursuant...
  • California Penal Code Section 67
    Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act,...
  • California Penal Code Section 67.5
    (a) Every person who gives or offers as a bribe to any ministerial officer, employee, or appointee of the State of California, county or city...
  • California Penal Code Section 68
    (a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who...
  • California Penal Code Section 69
    Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such...
  • California Penal Code Section 70
    (a) Every executive or ministerial officer, employee, or appointee of the State of California, or any county or city therein, or any political subdivision thereof,...
  • California Penal Code Section 70.5
    Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage...
  • California Penal Code Section 71
    (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or...
  • California Penal Code Section 72
    Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or...
  • California Penal Code Section 72.5
    (a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose...
  • California Penal Code Section 73
    Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office,...
  • California Penal Code Section 74
    Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any...
  • California Penal Code Section 76
    (a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county...
  • California Penal Code Section 77
    The various provisions of this title, except Section 76, apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.
  • California Penal Code Section 85
    Every person who gives or offers to give a bribe to any Member of the Legislature, any member of the legislative body of a city,...
  • California Penal Code Section 86
    Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or...
  • California Penal Code Section 88
    Every Member of the Legislature, and every member of a legislative body of a city, county, city and county, school district, or other special district...
  • California Penal Code Section 92
    Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may...
  • California Penal Code Section 93
    (a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks,...
  • California Penal Code Section 94
    Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for...
  • California Penal Code Section 94.5
    Every judge, justice, commissioner, or assistant commissioner of a court of this state who accepts any money or other thing of value for performing any...
  • California Penal Code Section 95
    Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire,...
  • California Penal Code Section 95.1
    Every person who threatens a juror with respect to a criminal proceeding in which a verdict has been rendered and who has the intent and...
  • California Penal Code Section 95.2
    Any person who, with knowledge of the relationship of the parties and without court authorization and juror consent, intentionally provides a defendant or former defendant...
  • California Penal Code Section 95.3
    Any person licensed pursuant to Chapter 11.5 (commencing with Section 7512) of Division 3 of the Business and Professions Code who, with knowledge of the...
  • California Penal Code Section 96
    Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either: One--Makes any promise or agreement...
  • California Penal Code Section 96.5
    (a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice, is guilty of a...
  • California Penal Code Section 98
    Every officer convicted of any crime defined in this Chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding...
  • California Penal Code Section 99
    The Superintendent of State Printing shall not, during his continuance in office, have any interest, either directly or indirectly, in any contract in any way...
  • California Penal Code Section 100
    If the Superintendent of State Printing corruptly colludes with any person or persons furnishing paper or materials, or bidding therefor, or with any other person...
  • California Penal Code Section 102
    Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the...
  • California Penal Code Section 107
    Every prisoner charged with or convicted of a felony who is an inmate of any public training school or reformatory or county hospital who escapes...
  • California Penal Code Section 109
    Any person who willfully assists any inmate of any public training school or reformatory to escape, or in an attempt to escape from that public...
  • California Penal Code Section 110
    Every person who carries or sends into a public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape,...
  • California Penal Code Section 112
    (a) Any person who manufactures or sells any false government document with the intent to conceal the true citizenship or resident alien status of another...
  • California Penal Code Section 113
    Any person who manufactures, distributes or sells false documents to conceal the true citizenship or resident alien status of another person is guilty of a...
  • California Penal Code Section 114
    Any person who uses false documents to conceal his or her true citizenship or resident alien status is guilty of a felony, and shall be...
  • California Penal Code Section 115
    (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this...
  • California Penal Code Section 115.1
    (a) The Legislature finds and declares that the voters of California are entitled to accurate representations in materials that are directed to them in efforts...
  • California Penal Code Section 115.2
    (a) No person shall publish or cause to be published, with actual knowledge, and intent to deceive, any campaign advertisement containing false or fraudulent depictions,...
  • California Penal Code Section 115.25
    (a) No person or entity shall authorize the production or distribution, or participate in the authorization of the production or distribution, of any document, including,...
  • California Penal Code Section 115.3
    Any person who alters a certified copy of an official record, or knowingly furnishes an altered certified copy of an official record, of this state,...
  • California Penal Code Section 115.5
    (a) Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or...
  • California Penal Code Section 116
    Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the names in...
  • California Penal Code Section 116.5
    (a) A person is guilty of tampering with a jury when, prior to, or within 90 days of, discharge of the jury in a criminal...
  • California Penal Code Section 117
    Every officer or person required by law to certify to the list of persons selected as jurors who maliciously, corruptly, or willfully certifies to a...
  • California Penal Code Section 118
    (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or...
  • California Penal Code Section 118.1
    Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of...
  • California Penal Code Section 118a
    Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare,...
  • California Penal Code Section 119
    The term "oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of...
  • California Penal Code Section 120
    So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by...
  • California Penal Code Section 121
    It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner, or that the person accused...
  • California Penal Code Section 122
    It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood...
  • California Penal Code Section 123
    It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or...
  • California Penal Code Section 124
    The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is...
  • California Penal Code Section 125
    An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be
  • California Penal Code Section 126
    Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.
  • California Penal Code Section 127
    Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he...
  • California Penal Code Section 128
    Every person who, by willful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death or life...
  • California Penal Code Section 129
    Every person who, being required by law to make any return, statement, or report, under oath, willfully makes and delivers any such return, statement, or...
  • California Penal Code Section 131
    Every person in any matter under investigation for a violation of the Corporate Securities Law of 1968 (Part 1 (commencing with Section 25000) of Division...
  • California Penal Code Section 132
    Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book,...
  • California Penal Code Section 132.5
    (a) A person who is a witness to an event or occurrence that he or she knows, or reasonably should know, is a crime or...
  • California Penal Code Section 133
    Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person...
  • California Penal Code Section 134
    Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it,...
  • California Penal Code Section 135
    Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon...
  • California Penal Code Section 135.5
    Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of...
  • California Penal Code Section 136
    As used in this chapter: (1) "Malice" means an intent to vex, annoy, harm, or injure in any way another person, or to thwart or...
  • California Penal Code Section 136.1
    (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished...
  • California Penal Code Section 136.2
    (a) Except as provided in subdivision (c), upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has...
  • California Penal Code Section 136.3
    (a) The court shall order that any party enjoined pursuant to Section 136.2 be prohibited from taking any action to obtain the address or location...
  • California Penal Code Section 136.5
    Any person who has upon his person a deadly weapon with the intent to use such weapon to commit a violation of Section 136.1 is...
  • California Penal Code Section 136.7
    Every person imprisoned in a county jail or the state prison who has been convicted of a sexual offense, including, but not limited to, a...
  • California Penal Code Section 137
    (a) Every person who gives or offers, or promises to give, to any witness, person about to be called as a witness, or person about...
  • California Penal Code Section 138
    (a) Every person who gives or offers or promises to give to any witness or person about to be called as a witness, any bribe...
  • California Penal Code Section 139
    (a) Except as provided in Sections 71 and 136.1, any person who has been convicted of any felony offense specified in Chapter 3 (commencing with...
  • California Penal Code Section 140
    (a) Except as provided in Section 139, every person who willfully uses force or threatens to use force or violence upon the person of a...
  • California Penal Code Section 141
    (a) Except as provided in subdivision (b), any person who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves any physical matter,...
  • California Penal Code Section 142
    (a) Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or...
  • California Penal Code Section 145
    Every public officer or other person, having arrested any person upon a criminal charge, who willfully delays to take such person before a magistrate having...
  • California Penal Code Section 145.5
    (a) (1) Subject to paragraph (2), notwithstanding any law to the contrary, no agency of the State of California, no political subdivision of this state,...
  • California Penal Code Section 146
    Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, does...
  • California Penal Code Section 146a
    (a) Any person who falsely represents himself or herself to be a deputy or clerk in any state department and who, in that assumed character,...
  • California Penal Code Section 146b
    Every person who, with intent to lead another to believe that a request or demand for information is being made by the State, a county,...
  • California Penal Code Section 146c
    Every person who designates any nongovernmental organization by any name, including, but not limited to any name that incorporates the term "peace officer," "police," or...
  • California Penal Code Section 146d
    Every person who sells or gives to another a membership card, badge, or other device, where it can be reasonably inferred by the recipient that...
  • California Penal Code Section 146e
    (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent or threat...
  • California Penal Code Section 146f
    No inmate under the control or supervision of the Department of Corrections or the Department of the Youth Authority shall be permitted to work with...
  • California Penal Code Section 146g
    (a) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, any employee of a law enforcement...
  • California Penal Code Section 147
    Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not...
  • California Penal Code Section 148
    (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5...
  • California Penal Code Section 148.1
    (a) Any person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, employee of a fire...
  • California Penal Code Section 148.2
    Every person who willfully commits any of the following acts at the burning of a building or at any other time and place where any...
  • California Penal Code Section 148.3
    (a) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division,...
  • California Penal Code Section 148.4
    (a) Any person who does any of the following is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail,...
  • California Penal Code Section 148.5
    (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or...
  • California Penal Code Section 148.6
    (a) (1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title...
  • California Penal Code Section 148.7
    Every person who, for the purpose of serving in any county or city jail, industrial farm or road camp, or other local correctional institution any...
  • California Penal Code Section 148.9
    (a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in...
  • California Penal Code Section 148.10
    (a) Every person who willfully resists a peace officer in the discharge or attempt to discharge any duty of his or her office or employment...
  • California Penal Code Section 149
    Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand...
  • California Penal Code Section 150
    Every able-bodied person above 18 years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or...
  • California Penal Code Section 151
    (a) Any person who advocates the willful and unlawful killing or injuring of a peace officer, with the specific intent to cause the willful and...
  • California Penal Code Section 152
    (a) Every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor punishable...
  • California Penal Code Section 152.3
    (a) Any person who reasonably believes that he or she has observed the commission of any of the following offenses where the victim is a...
  • California Penal Code Section 153
    Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any...
  • California Penal Code Section 154
    (a) Every debtor who fraudulently removes his or her property or effects out of this state, or who fraudulently sells, conveys, assigns or conceals his...
  • California Penal Code Section 155
    (a) Every person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who...
  • California Penal Code Section 155.5
    (a) Any defendant who is ordered to pay any fine or restitution in connection with the commission of a misdemeanor and who, after the plea...
  • California Penal Code Section 156
    Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any...
  • California Penal Code Section 157
    Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian...
  • California Penal Code Section 158
    Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by...
  • California Penal Code Section 159
    No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances,...
  • California Penal Code Section 160
    (a) No bail licensee may employ, engage, solicit, pay, or promise any payment, compensation, consideration or thing of value to any person incarcerated in any...
  • California Penal Code Section 165
    Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county,...
  • California Penal Code Section 166
    (a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a...
  • California Penal Code Section 166.5
    (a) After arrest and before plea or trial or after conviction or plea of guilty and before sentence under paragraph (4) of subdivision (a) of...
  • California Penal Code Section 167
    Every person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the jury, records, or attempts to record, all or...
  • California Penal Code Section 168
    (a) Every district attorney, clerk, judge, or peace officer who, except by issuing or in executing a search warrant or warrant of arrest for a...
  • California Penal Code Section 169
    Any person who pickets or parades in or near a building which houses a court of this state with the intent to interfere with, obstruct,...
  • California Penal Code Section 170
    Every person who maliciously and without probable cause procures a search warrant or warrant of arrest to be issued and executed, is guilty of a
  • California Penal Code Section 171
    Every person, not authorized by law, who, without the permission of the officer in charge of any reformatory in this State, communicates with any person...
  • California Penal Code Section 171b
    (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public...
  • California Penal Code Section 171c
    (a) (1) Any person who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, any legislative office, any office of...
  • California Penal Code Section 171d
    Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time...
  • California Penal Code Section 171e
    A firearm shall be deemed loaded for the purposes of Sections 171c and 171d whenever both the firearm and unexpended ammunition capable of being discharged...
  • California Penal Code Section 171f
    No person or group of persons shall willfully and knowingly: 1. Enter or remain within or upon any part of the chamber of either house...
  • California Penal Code Section 171.5
    (a) For purposes of this section: (1) "Airport" means an airport, with a secured area, that regularly serves an air carrier holding a certificate issued...
  • California Penal Code Section 171.7
    (a) For purposes of this section: (1) "Public transit facility" means any land, building, or equipment, or any interest therein, including any station on a...
  • California Penal Code Section 172
    (a) Every person who, within one-half mile of the land belonging to this state upon which any state prison, or within 1,900 feet of the...
  • California Penal Code Section 172a
    Every person who, within one and one-half miles of the university grounds or campus, upon which are located the principal administrative offices of any university...
  • California Penal Code Section 172c
    Section 172a shall not apply to the sale at auction of alcoholic beverages by a nonprofit organization at the California Science Center premises located at...
  • California Penal Code Section 172e
    The provisions of Sections 172, 172a, 172b, 172d, and 172g of this code shall not apply to the sale or the exposing or offering for...
  • California Penal Code Section 172f
    The provisions of Sections 172, 172a, 172b, 172d, and 172g of this code shall not apply to the sale or the exposing or offering for...
  • California Penal Code Section 172g
    (a) Every person who, within one-half mile by air line from the intersection of Sierra Vista, Pierce, and Campus Drive streets at the entrance to...
  • California Penal Code Section 172h
    The provisions of Sections 172, 172a, 172b, 172d and 172g of this code shall not be applied to prohibit the sale or the exposing or...
  • California Penal Code Section 172j
    The provisions of Sections 172, 172a, 172b, 172d, and 172g shall not apply to the sale or exposing for sale of any intoxicating liquor on...
  • California Penal Code Section 172l
    The provisions of Section 172a shall not apply to the sale or offering for sale of any intoxicating liquor on the premises of, and by...
  • California Penal Code Section 172m
    The provisions of Section 172a shall not apply to the sale or the exposing or offering for sale of alcoholic beverages at premises licensed under...
  • California Penal Code Section 172n
    The provisions of Sections 172a and 172b shall not apply to the sale or exposing or offering for sale of alcoholic beverages by any off-sale...
  • California Penal Code Section 172o
    The provisions of Sections 172, 172a, 172b, 172d, and 172g shall not apply to the sale of wine for consumption off the premises where sold...
  • California Penal Code Section 172p
    The provisions of Section 172a shall not apply to the sale or exposing or offering for sale of beer or wine by any on-sale licensee...
  • California Penal Code Section 172.1
    No provision of law shall prevent the possession or use of wine on any state university, state college or community college premises solely for use...
  • California Penal Code Section 172.3
    The provisions of Section 172a shall not apply to the sale or exposing or offering for sale of any alcoholic beverages on the premises of,...
  • California Penal Code Section 172.5
    The provisions of Sections 172 and 172a of this code shall not apply to the sale or exposing or offering for sale of alcoholic beverages...
  • California Penal Code Section 172.6
    The provisions of Section 172 of this code shall not apply to the sale, gift, or exposing or offering for sale of alcoholic beverages by...
  • California Penal Code Section 172.7
    The provisions of Section 172a shall not apply to the sale, gift, or exposing or offering for sale of alcoholic beverages by a licensee under...
  • California Penal Code Section 172.8
    The provisions of Section 172a shall not apply to the sale of alcoholic beverages for consumption on the premises, by a nonprofit organization at a...
  • California Penal Code Section 172.9
    The word "university," when used in this chapter with reference to the sale, exposing or offering for sale, of alcoholic beverages, means an institution which...
  • California Penal Code Section 172.95
    Sections 172 to 172.9, inclusive, do not apply to sales to wholesalers or retailers by licensed winegrowers, brandy manufacturers, beer manufacturers, distilled spirits manufacturers' agents,...
  • California Penal Code Section 173
    Every Captain, Master of a vessel, or other person, who willfully imports, brings, or sends, or causes or procures to be brought or sent, into...
  • California Penal Code Section 175
    Every individual person of the classes referred to in Section 173, brought to or landed within this state contrary to the provisions of such section,...
  • California Penal Code Section 181
    Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person,...
  • California Penal Code Section 182
    (a) If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure...
  • California Penal Code Section 182.5
    Notwithstanding subdivisions (a) or (b) of Section 182, any person who actively participates in any criminal street gang, as defined in subdivision (f) of Section...
  • California Penal Code Section 183
    No conspiracies, other than those enumerated in the preceding section, are punishable criminally.
  • California Penal Code Section 184
    No agreement amounts to a conspiracy, unless some act, beside such agreement, be done within this state to effect the object thereof, by one or...
  • California Penal Code Section 185
    Section One Hundred and Eighty-five. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or...
  • California Penal Code Section 186
    This act may be cited as the "California Control of Profits of Organized Crime Act."
  • California Penal Code Section 186.1
    The Legislature hereby finds and declares that an effective means of punishing and deterring criminal activities of organized crime is through the forfeiture of profits...
  • California Penal Code Section 186.2
    For purposes of this chapter, the following definitions apply: (a) "Criminal profiteering activity" means any act committed or attempted or any threat made for financial...
  • California Penal Code Section 186.3
    (a) In any case in which a person is alleged to have been engaged in a pattern of criminal profiteering activity, upon a conviction of...
  • California Penal Code Section 186.4
    (a) The prosecuting agency shall, in conjunction with the criminal proceeding, file a petition of forfeiture with the superior court of the county in which...
  • California Penal Code Section 186.5
    (a) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication...
  • California Penal Code Section 186.6
    (a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders...
  • California Penal Code Section 186.7
    (a) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds is forfeitable pursuant to Section 186.3 and the...
  • California Penal Code Section 186.8
    Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and,...
  • California Penal Code Section 186.9
    As used in this chapter: (a) "Conducts" includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction. (b)...
  • California Penal Code Section 186.10
    (a) Any person who conducts or attempts to conduct a transaction or more than one transaction within a seven-day period involving a monetary instrument or...
  • California Penal Code Section 186.11
    (a) (1) Any person who commits two or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of...
  • California Penal Code Section 186.12
    (a) (1) A felony for purposes of this section means a felony violation of subdivision (d) or (e) of Section 368, or a felony violation...
  • California Penal Code Section 186.20
    This chapter shall be known and may be cited as the "California Street Terrorism Enforcement and Prevention Act."
  • California Penal Code Section 186.21
    The Legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, gender identity,...
  • California Penal Code Section 186.22
    (a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of...
  • California Penal Code Section 186.22a
    (a) Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in subdivision...
  • California Penal Code Section 186.23
    This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection, or the activities of labor organizations or their...
  • California Penal Code Section 186.24
    If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter,...
  • California Penal Code Section 186.25
    Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to gangs and gang violence....
  • California Penal Code Section 186.26
    (a) Any person who solicits or recruits another to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, with...
  • California Penal Code Section 186.28
    (a) Any person, corporation, or firm who shall knowingly supply, sell, or give possession or control of any firearm to another shall be punished by...
  • California Penal Code Section 186.30
    (a) Any person described in subdivision (b) shall register with the chief of police of the city in which he or she resides, or the...
  • California Penal Code Section 186.31
    At the time of sentencing in adult court, or at the time of the dispositional hearing in the juvenile court, the court shall inform any...
  • California Penal Code Section 186.32
    (a) The registration required by Section 186.30 shall consist of the following: (1) Juvenile registration shall include the following: (A) The juvenile shall appear at...
  • California Penal Code Section 186.33
    (a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor. (b) (1) Any...
  • California Penal Code Section 186.34
    (a) (1) For purposes of this section, "shared gang database" shall mean any database that satisfies all of the following: (A) Allows access for any...
  • California Penal Code Section 187
    (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (b) This section shall not apply to any person...
  • California Penal Code Section 188
    Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a...
  • California Penal Code Section 189
    All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to...
  • California Penal Code Section 189.5
    (a) Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that...
  • California Penal Code Section 190
    (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility...
  • California Penal Code Section 190.03
    (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the...
  • California Penal Code Section 190.05
    (a) The penalty for a defendant found guilty of murder in the second degree, who has served a prior prison term for murder in the...
  • California Penal Code Section 190.1
    A case in which the death penalty may be imposed pursuant to this chapter shall be tried in separate phases as follows: (a) The question...
  • California Penal Code Section 190.2
    (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for...
  • California Penal Code Section 190.25
    (a) The penalty for a defendant found guilty of murder in the first degree shall be confinement in state prison for a term of life...
  • California Penal Code Section 190.3
    If the defendant has been found guilty of murder in the first degree, and a special circumstance has been charged and found to be true,...
  • California Penal Code Section 190.4
    (a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the...
  • California Penal Code Section 190.41
    Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of subdivision (a) of...
  • California Penal Code Section 190.5
    (a) Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at...
  • California Penal Code Section 190.6
    (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of...
  • California Penal Code Section 190.7
    (a) The "entire record" referred to in Section 190.6 includes, but is not limited to, the following: (1) The normal and additional record prescribed in...
  • California Penal Code Section 190.8
    (a) In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified in two stages, the first...
  • California Penal Code Section 190.9
    (a) (1) In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including all conferences and proceedings,...
  • California Penal Code Section 191
    The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason,...
  • California Penal Code Section 191.5
    (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the...
  • California Penal Code Section 192
    Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary--upon a sudden quarrel or heat of passion....
  • California Penal Code Section 192.5
    Vehicular manslaughter pursuant to subdivision (b) of Section 191.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice...
  • California Penal Code Section 193
    (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years. (b) Involuntary manslaughter is punishable by imprisonment pursuant...
  • California Penal Code Section 193.5
    Manslaughter committed during the operation of a vessel is punishable as follows: (a) A violation of subdivision (a) of Section 192.5 is punishable by imprisonment...
  • California Penal Code Section 193.7
    A person convicted of a violation of subdivision (b) of Section 191.5 that occurred within seven years of two or more separate violations of Section...
  • California Penal Code Section 193.8
    (a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the...
  • California Penal Code Section 194
    To make the killing either murder or manslaughter, it is not requisite that the party die within three years and a day after the stroke...
  • California Penal Code Section 195
    Homicide is excusable in the following cases: 1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with...
  • California Penal Code Section 196
    Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either-- 1. In obedience to any...
  • California Penal Code Section 197
    Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder any person, or...
  • California Penal Code Section 198
    A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may...
  • California Penal Code Section 198.5
    Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held...
  • California Penal Code Section 199
    The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.
  • California Penal Code Section 203
    Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts...
  • California Penal Code Section 204
    Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.
  • California Penal Code Section 205
    A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another...
  • California Penal Code Section 206
    Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic...
  • California Penal Code Section 206.1
    Torture is punishable by imprisonment in the state prison for a term of life.
  • California Penal Code Section 207
    (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this...
  • California Penal Code Section 208
    (a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years. (b) If the person kidnapped is under 14 years...
  • California Penal Code Section 209
    (a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold...
  • California Penal Code Section 209.5
    (a) Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is...
  • California Penal Code Section 210
    Every person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of...
  • California Penal Code Section 210.5
    Every person who commits the offense of false imprisonment, as defined in Section 236, against a person for purposes of protection from arrest, which substantially...
  • California Penal Code Section 211
    Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by...
  • California Penal Code Section 212
    The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed,...
  • California Penal Code Section 212.5
    (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley,...
  • California Penal Code Section 213
    (a) Robbery is punishable as follows: (1) Robbery of the first degree is punishable as follows: (A) If the defendant, voluntarily acting in concert with...
  • California Penal Code Section 214
    Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such...
  • California Penal Code Section 215
    (a) "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from...
  • California Penal Code Section 217.1
    (a) Except as provided in subdivision (b), every person who commits any assault upon the President or Vice President of the United States, the Governor...
  • California Penal Code Section 218
    Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger,...
  • California Penal Code Section 218.1
    Any person who unlawfully and with gross negligence places or causes to be placed any obstruction upon or near the track of any railroad that...
  • California Penal Code Section 219
    Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger,...
  • California Penal Code Section 219.1
    Every person who unlawfully throws, hurls or projects at a vehicle operated by a common carrier, while such vehicle is either in motion or stationary,...
  • California Penal Code Section 219.2
    Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose,...
  • California Penal Code Section 219.3
    Any person who wilfully drops or throws any object or missile from any toll bridge is guilty of a misdemeanor.
  • California Penal Code Section 220
    (a) (1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation...
  • California Penal Code Section 222
    Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or...
  • California Penal Code Section 236
    False imprisonment is the unlawful violation of the personal liberty of another.
  • California Penal Code Section 236.1
    (a) Any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human...
  • California Penal Code Section 236.2
    Law enforcement agencies shall use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person. When a peace officer...
  • California Penal Code Section 236.3
    Upon conviction of a violation of Section 236.1, if real property is used to facilitate the commission of the offense, the procedures for determining whether...
  • California Penal Code Section 236.4
    (a) Upon the conviction of a person of a violation of Section 236.1, the court may, in addition to any other penalty, fine, or restitution...
  • California Penal Code Section 236.5
    (a) Within 15 business days of the first encounter with a victim of human trafficking, as defined by Section 236.1, law enforcement agencies shall provide...
  • California Penal Code Section 236.6
    (a) To prevent dissipation or secreting of assets or property, the prosecuting agency may, at the same time as or subsequent to the filing of...
  • California Penal Code Section 236.7
    (a) Any interest in a vehicle, boat, airplane, money, negotiable instruments, securities, real property, or other thing of value that was put to substantial use...
  • California Penal Code Section 236.8
    (a) If the prosecuting agency, in conjunction with the criminal proceeding, files a petition of forfeiture with the superior court of the county in which...
  • California Penal Code Section 236.9
    (a) A person claiming an interest in the property, proceeds, or instruments may, at any time within 30 days from the date of the first...
  • California Penal Code Section 236.10
    (a) Concurrent with or subsequent to the filing of the petition, the prosecuting agency may move the superior court for, and the superior court may...
  • California Penal Code Section 236.11
    (a) If the trier of fact at the forfeiture hearing finds that the alleged property, instruments, or proceeds are forfeitable pursuant to Section 236.7 and...
  • California Penal Code Section 236.12
    Notwithstanding that no response or claim has been filed pursuant to Section 236.9, in all cases where property is forfeited pursuant to this chapter and,...
  • California Penal Code Section 237
    (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than...
  • California Penal Code Section 240
    An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
  • California Penal Code Section 241
    (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months,...
  • California Penal Code Section 241.1
    When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense...
  • California Penal Code Section 241.2
    (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two...
  • California Penal Code Section 241.3
    (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense...
  • California Penal Code Section 241.4
    An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by...
  • California Penal Code Section 241.5
    (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense...
  • California Penal Code Section 241.6
    When an assault is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed...
  • California Penal Code Section 241.7
    Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who,...
  • California Penal Code Section 241.8
    (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim's service in the United States...
  • California Penal Code Section 242
    A battery is any willful and unlawful use of force or violence upon the person of another.
  • California Penal Code Section 243
    (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months,...
  • California Penal Code Section 243.1
    When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing...
  • California Penal Code Section 243.2
    (a) (1) Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public...
  • California Penal Code Section 243.25
    When a battery is committed against the person of an elder or a dependent adult as defined in Section 368, with knowledge that he or...
  • California Penal Code Section 243.3
    When a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other...
  • California Penal Code Section 243.35
    (a) Except as provided in Section 243.3, when a battery is committed against any person on the property of, or in a motor vehicle of,...
  • California Penal Code Section 243.4
    (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if...
  • California Penal Code Section 243.5
    (a) When a person commits an assault or battery on school property during hours when school activities are being conducted, a peace officer may, without...
  • California Penal Code Section 243.6
    When a battery is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed...
  • California Penal Code Section 243.65
    (a) When a battery is committed against the person of a highway worker engaged in the performance of his or her duties and the person...
  • California Penal Code Section 243.7
    Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who,...
  • California Penal Code Section 243.8
    (a) When a battery is committed against a sports official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur...
  • California Penal Code Section 243.83
    (a) It is unlawful for any person attending a professional sporting event to do any of the following: (1) Throw any object on or across...
  • California Penal Code Section 243.85
    The owner of any professional sports facility shall post, visible from a majority of the seating in the stands at all times, at controlled entry...
  • California Penal Code Section 243.9
    (a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in...
  • California Penal Code Section 243.10
    (a) Any person who commits a battery against a member of the United States Armed Forces because of the victim's service in the United States...
  • California Penal Code Section 244
    Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid,...
  • California Penal Code Section 244.5
    (a) As used in this section, "stun gun" means any item, except a less lethal weapon, as defined in Section 16780, used or intended to...
  • California Penal Code Section 245
    (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by...
  • California Penal Code Section 245.1
    As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman" or "firefighter" includes any person who is an officer, employee or member of a...
  • California Penal Code Section 245.2
    Every person who commits an assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon...
  • California Penal Code Section 245.3
    Every person who commits an assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person...
  • California Penal Code Section 245.5
    (a) Every person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great...
  • California Penal Code Section 245.6
    (a) It shall be unlawful to engage in hazing, as defined in this section. (b) "Hazing" means any method of initiation or preinitiation into a...
  • California Penal Code Section 246
    Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as...
  • California Penal Code Section 246.1
    (a) Except as provided in subdivision (f), upon the conviction of any person found guilty of murder in the first or second degree, manslaughter, attempted...
  • California Penal Code Section 246.3
    (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or...
  • California Penal Code Section 247
    (a) Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony. (b) Any person who discharges a...
  • California Penal Code Section 247.5
    Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation...
  • California Penal Code Section 248
    Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity...
  • California Penal Code Section 261
    (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (1)...
  • California Penal Code Section 261.5
    (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person...
  • California Penal Code Section 261.6
    In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, "consent" shall be defined to mean positive cooperation in...
  • California Penal Code Section 261.7
    In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated...
  • California Penal Code Section 261.9
    (a) Any person convicted of seeking to procure or procuring the sexual services of a prostitute in violation of subdivision (b) of Section 647, if...
  • California Penal Code Section 262
    (a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:...
  • California Penal Code Section 263
    The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight,...
  • California Penal Code Section 264
    (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three,...
  • California Penal Code Section 264.1
    (a) The provisions of Section 264 notwithstanding, in any case in which the defendant, voluntarily acting in concert with another person, by force or violence...
  • California Penal Code Section 264.2
    (a) Whenever there is an alleged violation or violations of subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,...
  • California Penal Code Section 265
    Every person who takes any woman unlawfully, against her will, and by force, menace or duress, compels her to marry him, or to marry any...
  • California Penal Code Section 266
    Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of 18 years, into any house of ill fame,...
  • California Penal Code Section 266a
    Every person who, within this state, takes any person against his or her will and without his or her consent, or with his or her...
  • California Penal Code Section 266b
    Every person who takes any other person unlawfully, and against his or her will, and by force, menace, or duress, compels him or her to...
  • California Penal Code Section 266c
    Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured...
  • California Penal Code Section 266d
    Any person who receives any money or other valuable thing for or on account of placing in custody any other person for the purpose of...
  • California Penal Code Section 266e
    Every person who purchases, or pays any money or other valuable thing for, any person for the purpose of prostitution as defined in subdivision (b)...
  • California Penal Code Section 266f
    Every person who sells any person or receives any money or other valuable thing for or on account of his or her placing in custody,...
  • California Penal Code Section 266g
    Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place...
  • California Penal Code Section 266h
    (a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or...
  • California Penal Code Section 266i
    (a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable...
  • California Penal Code Section 266j
    Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child...
  • California Penal Code Section 266k
    (a) Upon the conviction of any person for a violation of Section 266h or 266i, the court may, in addition to any other penalty or...
  • California Penal Code Section 267
    Every person who takes away any other person under the age of 18 years from the father, mother, guardian, or other person having the legal...
  • California Penal Code Section 269
    (a) Any person who commits any of the following acts upon a child who is under 14 years of age and seven or more years...
  • California Penal Code Section 270
    If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care...
  • California Penal Code Section 270.1
    (a) A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades 1 to...
  • California Penal Code Section 270.5
    (a) Every parent who refuses, without lawful excuse, to accept his or her minor child into the parent's home, or, failing to do so, to...
  • California Penal Code Section 270.6
    If a court of competent jurisdiction has made a temporary or permanent order awarding spousal support that a person must pay, the person has notice...
  • California Penal Code Section 270a
    Every individual who has sufficient ability to provide for his or her spouse's support, or who is able to earn the means of such spouse's...
  • California Penal Code Section 270b
    After arrest and before plea or trial, or after conviction or plea of guilty and before sentence under either Section 270 or 270a, if the...
  • California Penal Code Section 270c
    Except as provided in Chapter 2 (commencing with Section 4410) of Part 4 of Division 9 of the Family Code, every adult child who, having...
  • California Penal Code Section 270d
    In any case where there is a conviction and sentence under the provisions of either Section 270 or Section 270a, should a fine be imposed,...
  • California Penal Code Section 270e
    No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a...
  • California Penal Code Section 270f
    Where, under the provisions of this chapter, a report is filed by a parent of a child with the district attorney averring: (1) That the...
  • California Penal Code Section 270g
    A review of each report filed with the district attorney under Section 270f shall be made at 90-day intervals unless the support payments have been...
  • California Penal Code Section 270h
    In any case where there is a conviction under either Section 270 or 270a and there is an order granting probation which includes an order...
  • California Penal Code Section 271
    Every parent of any child under the age of 14 years, and every person to whom any such child has been confided for nurture, or...
  • California Penal Code Section 271a
    Every person who knowingly and willfully abandons, or who, having ability so to do, fails or refuses to maintain his or her minor child under...
  • California Penal Code Section 271.5
    (a) No parent or other individual having lawful custody of a minor child 72 hours old or younger may be prosecuted for a violation of...
  • California Penal Code Section 272
    (a) (1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or...
  • California Penal Code Section 273
    (a) It is a misdemeanor for any person or agency to pay, offer to pay, or to receive money or anything of value for the...
  • California Penal Code Section 273a
    (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or...
  • California Penal Code Section 273b
    No child under the age of 16 years shall be placed in any courtroom, or in any vehicle for transportation to any place, in company...
  • California Penal Code Section 273c
    All fines, penalties, and forfeitures imposed and collected under the provisions of Sections 270, 271, 271a, 273a, and 273b, or under the provisions of any...
  • California Penal Code Section 273d
    (a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty...
  • California Penal Code Section 273e
    Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter,...
  • California Penal Code Section 273f
    Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to...
  • California Penal Code Section 273g
    Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk...
  • California Penal Code Section 273h
    In all prosecutions under the provisions of either section 270, section 270a, section 270b, section 271 or section 271a, of this code, where a conviction...
  • California Penal Code Section 273i
    (a) Any person who publishes information describing or depicting a child, the physical appearance of a child, the location of a child, or locations where...
  • California Penal Code Section 273j
    (a) (1) Any parent or guardian having the care, custody, or control of a child under 14 years of age who knows or should have...
  • California Penal Code Section 273.1
    (a) Any treatment program to which a child abuser convicted of a violation of Section 273a or 273d is referred as a condition of probation...
  • California Penal Code Section 273.4
    (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (b), the defendant...
  • California Penal Code Section 273.5
    (a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony,...
  • California Penal Code Section 273.6
    (a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant...
  • California Penal Code Section 273.65
    (a) Any intentional and knowing violation of a protective order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare and Institutions Code is...
  • California Penal Code Section 273.7
    (a) Any person who maliciously publishes, disseminates, or otherwise discloses the location of any trafficking shelter or domestic violence shelter or any place designated as...
  • California Penal Code Section 273.75
    (a) On any charge involving acts of domestic violence as defined in subdivisions (a) and (b) of Section 13700 of the Penal Code or Sections...
  • California Penal Code Section 273.8
    The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State...
  • California Penal Code Section 273.81
    (a) There is hereby established in the Department of Justice a program of financial and technical assistance for district attorneys' or city attorneys' offices, designated...
  • California Penal Code Section 273.82
    Spousal abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in...
  • California Penal Code Section 273.83
    (a) An individual shall be the subject of a spousal abuser prosecution effort who is under arrest for any act or omission described in subdivisions...
  • California Penal Code Section 273.84
    Each district attorney's or city attorney's office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall adopt and pursue the...
  • California Penal Code Section 273.85
    (a) The selection criteria set forth in Section 273.84 shall be adhered to for each spousal abuser case unless, in the reasonable exercise of prosecutor's...
  • California Penal Code Section 273.86
    The characterization of a defendant as a "spousal abuser" as defined by this chapter shall not be communicated to the trier of fact.
  • California Penal Code Section 273.87
    The Department of Justice is encouraged to utilize Federal Victims of Crimes Act (VOCA) funds or any other federal funds that may become available in...
  • California Penal Code Section 273.88
    Administrative costs incurred by the Department of Justice pursuant to the Spousal Abuser Prosecution Program shall not exceed 5 percent of the total funds allocated...
  • California Penal Code Section 277
    The following definitions apply for the purposes of this chapter: (a) "Child" means a person under the age of 18 years. (b) "Court order" or...
  • California Penal Code Section 278
    Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or...
  • California Penal Code Section 278.5
    (a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or...
  • California Penal Code Section 278.6
    (a) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors...
  • California Penal Code Section 278.7
    (a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief...
  • California Penal Code Section 279
    A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of...
  • California Penal Code Section 279.1
    The offenses enumerated in Sections 278 and 278.5 are continuous in nature, and continue for as long as the minor child is concealed or detained.
  • California Penal Code Section 279.5
    When a person is arrested for an alleged violation of Section 278 or 278.5, the court, in setting bail, shall take into consideration whether the...
  • California Penal Code Section 279.6
    (a) A law enforcement officer may take a child into protective custody under any of the following circumstances: (1) It reasonably appears to the officer...
  • California Penal Code Section 280
    Every person who willfully causes or permits the removal or concealment of any child in violation of Section 8713, 8803, or 8910 of the Family...
  • California Penal Code Section 281
    (a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of...
  • California Penal Code Section 282
    Section 281 does not extend to any of the following: (a) To any person by reason of any former marriage whose husband or wife by...
  • California Penal Code Section 283
    Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in...
  • California Penal Code Section 284
    Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable...
  • California Penal Code Section 285
    Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or...
  • California Penal Code Section 286
    (a) Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight,...
  • California Penal Code Section 286.5
    Any person who sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person is...
  • California Penal Code Section 288
    (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting...
  • California Penal Code Section 288.1
    Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this...
  • California Penal Code Section 288.2
    (a) (1) Every person who knows, should have known, or believes that another person is a minor, and who knowingly distributes, sends, causes to be...
  • California Penal Code Section 288.3
    (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know...
  • California Penal Code Section 288.4
    (a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he...
  • California Penal Code Section 288.5
    (a) Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period...
  • California Penal Code Section 288.7
    (a) Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age...
  • California Penal Code Section 288a
    (a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person. (b) (1) Except...
  • California Penal Code Section 289
    (a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force,...
  • California Penal Code Section 289.5
    (a) Every person who flees to this state with the intent to avoid prosecution for an offense which, if committed or attempted in this state,...
  • California Penal Code Section 289.6
    (a) (1) An employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that...
  • California Penal Code Section 290
    (a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to "the Act" in...
  • California Penal Code Section 290.001
    Every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, shall register in...
  • California Penal Code Section 290.002
    Persons required to register in their state of residence who are out-of-state residents employed, or carrying on a vocation in California on a full-time or...
  • California Penal Code Section 290.003
    Any person who, since July 1, 1944, has been or hereafter is released, discharged, or paroled from a penal institution where he or she was...
  • California Penal Code Section 290.004
    Any person who, since July 1, 1944, has been or hereafter is determined to be a mentally disordered sex offender under Article 1 (commencing with...
  • California Penal Code Section 290.005
    The following persons shall register in accordance with the Act: (a) Except as provided in subdivision (c) or (d), any person who, since July 1,...
  • California Penal Code Section 290.006
    Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall...
  • California Penal Code Section 290.007
    Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person's conviction...
  • California Penal Code Section 290.008
    (a) Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of...
  • California Penal Code Section 290.009
    Any person required to register under the Act who is enrolled as a student or is an employee or carries on a vocation, with or...
  • California Penal Code Section 290.010
    If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in...
  • California Penal Code Section 290.011
    Every person who is required to register pursuant to the act who is living as a transient shall be required to register for the rest...
  • California Penal Code Section 290.012
    (a) Beginning on his or her first birthday following registration or change of address, the person shall be required to register annually, within five working...
  • California Penal Code Section 290.013
    (a) Any person who was last registered at a residence address pursuant to the Act who changes his or her residence address, whether within the...
  • California Penal Code Section 290.014
    (a) If any person who is required to register pursuant to the Act changes his or her name, the person shall inform, in person, the...
  • California Penal Code Section 290.015
    (a) A person who is subject to the Act shall register, or reregister if he or she has previously registered, upon release from incarceration, placement,...
  • California Penal Code Section 290.016
    (a) On or after January 1, 1998, upon incarceration, placement, or commitment, or prior to release on probation, any person who is required to register...
  • California Penal Code Section 290.017
    (a) Any person who is released, discharged, or paroled from a jail, state or federal prison, school, road camp, or other institution where he or...
  • California Penal Code Section 290.018
    (a) Any person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of...
  • California Penal Code Section 290.019
    (a) Notwithstanding any other section in the Act, a person who was convicted before January 1, 1976, under subdivision (a) of Section 286, or Section...
  • California Penal Code Section 290.020
    In any case in which a person who would be required to register pursuant to the Act for a felony conviction is to be temporarily...
  • California Penal Code Section 290.021
    Except as otherwise provided by law, the statements, photographs, and fingerprints required by the Act shall not be open to inspection by the public or...
  • California Penal Code Section 290.022
    On or before July 1, 2010, the Department of Justice shall renovate the VCIN to do the following: (1) Correct all software deficiencies affecting data...
  • California Penal Code Section 290.023
    The registration provisions of the Act are applicable to every person described in the Act, without regard to when his or her crime or crimes...
  • California Penal Code Section 290.024
    For purposes of this chapter, the following terms apply: (a) "Internet service provider" means a business, organization, or other entity providing a computer and communications...
  • California Penal Code Section 290.01
    (a) (1) Commencing October 28, 2002, every person required to register pursuant to Sections 290 to 290.009, inclusive, of the Sex Offender Registration Act who...
  • California Penal Code Section 290.02
    (a) Notwithstanding any other law, the Department of Justice shall identify the names of persons required to register pursuant to Section 290 from a list...
  • California Penal Code Section 290.03
    (a) The Legislature finds and declares that a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities...
  • California Penal Code Section 290.04
    (a) (1) The sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population,...
  • California Penal Code Section 290.05
    (a) The SARATSO Training Committee shall be comprised of a representative of the State Department of State Hospitals, a representative of the Department of Corrections...
  • California Penal Code Section 290.06
    The static SARATSO, as set forth in Section 290.04, shall be administered as follows: (a) (1) The Department of Corrections and Rehabilitation shall assess every...
  • California Penal Code Section 290.07
    Notwithstanding any other provision of law, a person authorized by statute to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and trained...
  • California Penal Code Section 290.08
    Every district attorney's office and the Department of Justice shall retain records relating to a person convicted of an offense for which registration is required...
  • California Penal Code Section 290.09
    On or before July 2012, the SARATSO dynamic tool and the SARATSO future violence tool, as set forth in Section 290.04, shall be administered as...
  • California Penal Code Section 290.3
    (a) Every person who is convicted of any offense specified in subdivision (c) of Section 290 shall, in addition to any imprisonment or fine, or...
  • California Penal Code Section 290.4
    (a) The department shall operate a service through which members of the public may provide a list of at least six persons on a form...
  • California Penal Code Section 290.45
    (a) (1) Notwithstanding any other provision of law, and except as provided in paragraph (2), any designated law enforcement entity may provide information to the...
  • California Penal Code Section 290.46
    (a) (1) On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to...
  • California Penal Code Section 290.47
    The Department of Justice shall record the address at which a registered sex offender resides with a unique identifier for the address. The information for...
  • California Penal Code Section 290.5
    (a) (1) A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under...
  • California Penal Code Section 290.6
    (a) Fifteen days before the scheduled release date of a person described in subdivision (b), the Department of Corrections and Rehabilitation shall provide to local...
  • California Penal Code Section 290.7
    The Department of Corrections shall provide samples of blood and saliva taken from a prison inmate pursuant to the DNA and Forensic Identification Data Base...
  • California Penal Code Section 290.8
    Effective January 1, 1999, any local law enforcement agency that does not register sex offenders during regular daytime business hours on a daily basis, excluding...
  • California Penal Code Section 290.85
    (a) Every person released on probation or parole who is required to register as a sex offender, pursuant to Section 290, shall provide proof of...
  • California Penal Code Section 290.9
    Notwithstanding any other provision of law, any state or local governmental agency shall, upon written request, provide to the Department of Justice the address of...
  • California Penal Code Section 290.95
    (a) Every person required to register under Section 290, who applies for or accepts a position as an employee or volunteer with any person, group,...
  • California Penal Code Section 291
    Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290,...
  • California Penal Code Section 291.1
    Every sheriff or chief of police, or Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290...
  • California Penal Code Section 291.5
    Every sheriff or chief of police, upon the arrest for any of the offenses enumerated in Section 290 or in subdivision (1) of Section 261...
  • California Penal Code Section 292
    It is the intention of the Legislature in enacting this section to clarify that for the purposes of subdivisions (b) and (c) of Section 12...
  • California Penal Code Section 293
    (a) An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been...
  • California Penal Code Section 293.5
    (a) Except as provided in Chapter 10 (commencing with Section 1054) of Part 2 of Title 7, or for cases in which the alleged victim...
  • California Penal Code Section 294
    (a) Upon conviction of any person for a violation of Section 273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition to any...
  • California Penal Code Section 295
    (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended....
  • California Penal Code Section 295.1
    (a) The Department of Justice shall perform DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes. (b) The Department...
  • California Penal Code Section 296
    (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or...
  • California Penal Code Section 296.1
    (a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision (a) of Section 296 for present...
  • California Penal Code Section 296.2
    (a) Whenever the DNA Laboratory of the Department of Justice notifies the Department of Corrections and Rehabilitation or any law enforcement agency that a biological...
  • California Penal Code Section 297
    (a) Subject to the limitations in paragraph (3) of this subdivision, only the following laboratories are authorized to analyze crime scene samples and other forensic...
  • California Penal Code Section 298
    (a) The Director of Corrections, or the Chief Administrative Officer of the detention facility, jail, or other facility at which the blood specimens, buccal swab...
  • California Penal Code Section 298.1
    (a) On and after January 1, 1999, any person who refuses to give any or all of the following, blood specimens, saliva samples, or thumb...
  • California Penal Code Section 298.2
    (a) Any person who is required to submit a specimen sample or print impression pursuant to this chapter who engages or attempts to engage in...
  • California Penal Code Section 298.3
    (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI's CODIS System and the state's DNA Database and...
  • California Penal Code Section 299
    (a) A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and...
  • California Penal Code Section 299.5
    (a) All DNA and forensic identification profiles and other identification information retained by the Department of Justice pursuant to this chapter are exempt from any...
  • California Penal Code Section 299.6
    (a) Nothing in this chapter shall prohibit the Department of Justice, in its sole discretion, from the sharing or disseminating of population database or data...
  • California Penal Code Section 299.7
    The Department of Justice is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples in...
  • California Penal Code Section 300
    Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA or forensic identification...
  • California Penal Code Section 300.1
    (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain their own DNA-related databases or data banks,...
  • California Penal Code Section 300.2
    The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other...
  • California Penal Code Section 300.3
    The duties and requirements of the Department of Corrections and the Department of the Youth Authority pursuant to this chapter shall commence on July 1,
  • California Penal Code Section 302
    (a) Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse,...
  • California Penal Code Section 303
    It shall be unlawful for any person engaged in the sale of alcoholic beverages, other than in the original package, to employ upon the premises...
  • California Penal Code Section 303a
    It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter...
  • California Penal Code Section 307
    Every person, firm, or corporation which sells or gives or in any way furnishes to another person, who is in fact under the age of...
  • California Penal Code Section 308
    (a) (1) Every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells,...
  • California Penal Code Section 308.1
    (a) Notwithstanding any other law, no person shall sell, offer for sale, distribute, or import any tobacco product commonly referred to as "bidis" or "beedies,"...
  • California Penal Code Section 308.2
    (a) Every person who sells one or more cigarettes, other than in a sealed and properly labeled package, is guilty of an infraction. (b) "A...
  • California Penal Code Section 308.3
    (a) A person, firm, corporation, or business may not manufacture for sale, distribute, sell, or offer to sell any cigarette, except in a package containing...
  • California Penal Code Section 308.5
    (a) No person or business shall sell, lease, rent, or provide, or offer to sell, lease, rent, or otherwise offer to the public or to...
  • California Penal Code Section 308b
    (a) Except as provided in subdivision (b), every person who knowingly delivers or causes to be delivered to any residence in this state any tobacco...
  • California Penal Code Section 309
    Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose...
  • California Penal Code Section 310
    (a) Any minor under 16 years of age who visits or attends any prizefight or place where any prizefight is advertised to take place, and...
  • California Penal Code Section 310.2
    (a) Any coach, trainer, or other person acting in an official or nonofficial capacity as an adult supervisor for an athletic team consisting of minors...
  • California Penal Code Section 310.5
    (a) Any parent or guardian of a child who enters into an agreement on behalf of that child which is in violation of Section 1669.5...
  • California Penal Code Section 311
    As used in this chapter, the following definitions apply: (a) "Obscene matter" means matter, taken as a whole, that to the average person, applying contemporary...
  • California Penal Code Section 311.1
    (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution,...
  • California Penal Code Section 311.2
    (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution,...
  • California Penal Code Section 311.3
    (a) A person is guilty of sexual exploitation of a child if he or she knowingly develops, duplicates, prints, or exchanges any representation of information,...
  • California Penal Code Section 311.4
    (a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which...
  • California Penal Code Section 311.5
    Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale,...
  • California Penal Code Section 311.6
    Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits obscene live conduct to or before an assembly or audience consisting...
  • California Penal Code Section 311.7
    Every person who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other...
  • California Penal Code Section 311.8
    (a) It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate...
  • California Penal Code Section 311.9
    (a) Every person who violates subdivision (a) of Section 311.2 or Section 311.5 is punishable by fine of not more than one thousand dollars ($1,000)...
  • California Penal Code Section 311.10
    (a) Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of 18 years personally...
  • California Penal Code Section 311.11
    (a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph,...
  • California Penal Code Section 311.12
    (a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense involves the production,...
  • California Penal Code Section 312
    Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands...
  • California Penal Code Section 312.1
    In any prosecution for a violation of the provisions of this chapter or of Chapter 7.6 (commencing with Section 313), neither the prosecution nor the...
  • California Penal Code Section 312.3
    (a) Matter that depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct as defined in Section 311.4...
  • California Penal Code Section 312.5
    If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall...
  • California Penal Code Section 312.6
    (a) It does not constitute a violation of this chapter for a person or entity solely to provide access or connection to or from a...
  • California Penal Code Section 312.7
    Nothing in this chapter shall be construed to apply to interstate services or to any other activities or actions for which states are prohibited from...
  • California Penal Code Section 313
    As used in this chapter: (a) "Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to...
  • California Penal Code Section 313.1
    (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of...
  • California Penal Code Section 313.2
    (a) Nothing in this chapter shall prohibit any parent or guardian from distributing any harmful matter to his child or ward or permitting his child...
  • California Penal Code Section 313.3
    It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate scientific...
  • California Penal Code Section 313.4
    Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in...
  • California Penal Code Section 313.5
    If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall...
  • California Penal Code Section 314
    Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where...
  • California Penal Code Section 315
    Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in...
  • California Penal Code Section 316
    Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public resort, by which...
  • California Penal Code Section 318
    Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of illegal gambling or...
  • California Penal Code Section 318.5
    (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a county or city,...
  • California Penal Code Section 318.6
    (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city or county,...
  • California Penal Code Section 319
    A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable...
  • California Penal Code Section 319.3
    (a) In addition to Section 319, a lottery also shall include a grab bag game which is a scheme whereby, for the disposal or distribution...
  • California Penal Code Section 319.5
    Neither this chapter nor Chapter 10 (commencing with Section 330) applies to the possession or operation of a reverse vending machine. As used in this...
  • California Penal Code Section 320
    Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.
  • California Penal Code Section 320.5
    (a) Nothing in this chapter applies to any raffle conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting...
  • California Penal Code Section 321
    Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest,...
  • California Penal Code Section 322
    Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling...
  • California Penal Code Section 323
    Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or...
  • California Penal Code Section 324
    Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or...
  • California Penal Code Section 325
    All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and...
  • California Penal Code Section 326
    Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for...
  • California Penal Code Section 326.3
    (a) The Legislature finds and declares all of the following: (1) Nonprofit organizations provide important and essential educational, philanthropic, and social services to the people...
  • California Penal Code Section 326.4
    (a) Consistent with the Legislature's finding that card-minding devices, as described in subdivision (p) of Section 326.5, are the only permissible electronic devices to be...
  • California Penal Code Section 326.45
    Up to five hundred thousand dollars ($500,000), as determined by order of the Director of Finance, is hereby appropriated from the California Bingo Fund to...
  • California Penal Code Section 326.5
    (a) Neither the prohibition on gambling in this chapter nor in Chapter 10 (commencing with Section 330) applies to any bingo game that is conducted...
  • California Penal Code Section 327
    Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a public offense, and is punishable by imprisonment in...
  • California Penal Code Section 328
    Nothing in this chapter shall make unlawful the printing or other production of any advertisements for, or any ticket, chance, or share in a lottery...
  • California Penal Code Section 329
    Upon a trial for the violation of any of the provisions of this chapter, it is not necessary to prove the existence of any lottery...
  • California Penal Code Section 330
    Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire...
  • California Penal Code Section 330a
    (a) Every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise,...
  • California Penal Code Section 330b
    (a) It is unlawful for any person to manufacture, repair, own, store, possess, sell, rent, lease, let on shares, lend or give away, transport, or...
  • California Penal Code Section 330c
    A punchboard as hereinafter defined is hereby declared to be a slot machine or device within the meaning of Section 330b of this code and...
  • California Penal Code Section 330.1
    (a) Every person who manufactures, owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or gives away, transports, or exposes for sale or...
  • California Penal Code Section 330.2
    As used in Sections 330.1 to 330.5, inclusive, of this code a "thing of value" is defined to be any money, coin, currency, check, chip,...
  • California Penal Code Section 330.3
    In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections...
  • California Penal Code Section 330.4
    It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any slot machine or device,...
  • California Penal Code Section 330.5
    It is further expressly provided that Sections 330.1 to 330.4, inclusive, of this code shall not apply to music machines, weighing machines and machines which...
  • California Penal Code Section 330.6
    The provisions of Sections 330.1 to 330.5, inclusive, of this code, with respect to owning, storing, keeping, possessing, or transporting any slot machine or device...
  • California Penal Code Section 330.7
    (a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (d) of Section 330b, if...
  • California Penal Code Section 330.8
    Notwithstanding Sections 330a, 330b, and 330.1 to 330.5, inclusive, the sale, transportation, storage, and manufacture of gambling devices, as defined in Section 330.1, including the...
  • California Penal Code Section 330.9
    (a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5, inclusive, or any other provision of law, it shall be lawful for any person to transport and...
  • California Penal Code Section 330.11
    "Banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provide that...
  • California Penal Code Section 331
    Every person who knowingly permits any of the games mentioned in Sections 330 and 330a to be played, conducted, or dealt in any house owned...
  • California Penal Code Section 332
    (a) Every person who by the game of "three card monte," so-called, or any other game, device, sleight of hand, pretensions to fortune telling, trick,...
  • California Penal Code Section 333
    Every person duly summoned as a witness for the prosecution, on any proceedings had under this Chapter, who neglects or refuses to attend, as required,...
  • California Penal Code Section 334
    (a) Every person who owns or operates any concession, and who fraudulently obtains money from another by means of any hidden mechanical device or obstruction...
  • California Penal Code Section 335
    Every district attorney, sheriff, or police officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions...
  • California Penal Code Section 335a
    In addition to any other remedy provided by law any machine or other device the possession or control of which is penalized by the laws...
  • California Penal Code Section 336
    Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking place, who knowingly permits any person...
  • California Penal Code Section 336.5
    Gaming chips may be used on the gaming floor by a patron of a gambling establishment, as defined in subdivision (o) of Section 19805 of...
  • California Penal Code Section 336.9
    (a) Notwithstanding Section 337a, and except as provided in subdivision (b), any person who, not for gain, hire, or reward other than that at stake...
  • California Penal Code Section 337
    Every state, county, city, city and county, town, or judicial district officer, or other person who shall ask for, receive, or collect any money, or...
  • California Penal Code Section 337a
    (a) Except as provided in Section 336.9, every person who engages in one of the following offenses, shall be punished for a first offense by...
  • California Penal Code Section 337b
    Any person who gives, or offers or promises to give, or attempts to give or offer, any money, bribe, or thing of value, to any...
  • California Penal Code Section 337c
    Any person who accepts, or attempts to accept, or offers to accept, or agrees to accept, any money, bribe or thing of value, with the...
  • California Penal Code Section 337d
    Any person who gives, offers to give, promises to give, or attempts to give, any money, bribe, or thing of value to any person who...
  • California Penal Code Section 337e
    Any person who as umpire, manager, director, referee, supervisor, judge, presiding officer or official receives or agrees to receive, or attempts to receive any money,...
  • California Penal Code Section 337f
    (a) Any person who does any of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a...
  • California Penal Code Section 337g
    The possession, transport or use of any local anaesthetic of the cocaine group, including but not limited to natural or synthetic drugs of this group,...
  • California Penal Code Section 337h
    Any person who, except for medicinal purposes, administers any poison, drug, medicine, or other noxious substance, to any horse, stud, mule, ass, mare, horned cattle,...
  • California Penal Code Section 337i
    Every person who knowingly transmits information as to the progress or results of a horserace, or information as to wagers, betting odds, changes in betting...
  • California Penal Code Section 337j
    (a) It is unlawful for any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, to...
  • California Penal Code Section 337k
    (a) It is unlawful for any person to advertise, or to facilitate the advertisement of, nonparimutuel wagering on horse races. (b) Violation of this section...
  • California Penal Code Section 337s
    (a) This section applies only in counties with a population exceeding 4,000,000. (b) Every person who deals, plays, or carries on, opens, or causes to...
  • California Penal Code Section 337t
    The following definitions govern the construction of this section and Sections 337u, 337w, 337x, and 337y: (a) "Associated equipment" means any equipment or mechanical, electromechanical,...
  • California Penal Code Section 337u
    It is unlawful for any person to commit any of the following acts: (a) To alter or misrepresent the outcome of a gambling game or...
  • California Penal Code Section 337v
    It is unlawful for any person at a gambling establishment to use, or to possess with the intent to use, any device to assist in...
  • California Penal Code Section 337w
    (a) It is unlawful for any person to use counterfeit chips, counterfeit debit instruments, or other counterfeit wagering instruments in a gambling game, the equipment...
  • California Penal Code Section 337x
    It is unlawful to cheat at any gambling game in a gambling establishment.
  • California Penal Code Section 337y
    It is unlawful to do either of the following: (a) Manufacture, sell, or distribute any cards, chips, dice, game, or device which is intended to...
  • California Penal Code Section 337z
    (a) Any person who violates Section 337u, 337v, 337w, 337x, or 337y shall be punished as follows: (1) For the first violation, by imprisonment in...
  • California Penal Code Section 337.1
    Any person, who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse in...
  • California Penal Code Section 337.2
    Any person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor and is punishable by a fine...
  • California Penal Code Section 337.3
    Any person who in the commission of touting falsely uses the name of any official of the California Horse Racing Board, its inspectors or attaches,...
  • California Penal Code Section 337.4
    Any person who in the commission of touting obtains money in excess of nine hundred fifty dollars ($950) may, in addition to being prosecuted for...
  • California Penal Code Section 337.5
    Any person who has been convicted of touting, and the record of whose conviction on such charge is on file in the office of the...
  • California Penal Code Section 337.6
    Any credential or license issued by the California Horse Racing Board to licensees, if used by the holder thereof for a purpose other than identification...
  • California Penal Code Section 337.7
    Any person other than the lawful holder thereof who has in his possession any credential or license issued by the California Horse Racing Board to...
  • California Penal Code Section 337.8
    Any person who uses any credential, other than a credential or license issued by the California Horse Racing Board, for the purpose of touting is...
  • California Penal Code Section 337.9
    The secretary and chief investigator of the California Horse Racing Board shall coordinate a policy for the enforcement of this chapter with all other enforcement...
  • California Penal Code Section 343
    Every person who purchases gold bullion, gold bars or gold quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his...
  • California Penal Code Section 346
    Any person who, without the written permission of the owner or operator of the property on which an entertainment event is to be held or...
  • California Penal Code Section 347
    (a) (1) Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any...
  • California Penal Code Section 347b
    It shall be unlawful for any person, firm or corporation to manufacture, sell, furnish, or give away, or offer to manufacture, sell, furnish, or give...
  • California Penal Code Section 350
    (a) Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on...
  • California Penal Code Section 351a
    Any person who sells, attempts to sell, offers for sale or assists in the sale of any goods, product or output, and who willfully and...
  • California Penal Code Section 355
    Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner...
  • California Penal Code Section 356
    Every person who cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent...
  • California Penal Code Section 359
    Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine of not...
  • California Penal Code Section 360
    Every person authorized to solemnize any marriage, who solemnizes a marriage without first being presented with the marriage license, as required by Section 421 of...
  • California Penal Code Section 362
    Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command...
  • California Penal Code Section 363
    Every person who, either solely or as member of a Court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the same cause,...
  • California Penal Code Section 364
    Every person having in his custody, or under his restraint or power, any person for whose relief a writ of habeas corpus has been issued,...
  • California Penal Code Section 365
    Every person, and every agent or officer of any corporation carrying on business as an innkeeper, or as a common carrier of passengers, who refuses,...
  • California Penal Code Section 365.5
    (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat,...
  • California Penal Code Section 365.6
    (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing...
  • California Penal Code Section 365.7
    (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine...
  • California Penal Code Section 367f
    (a) Except as provided in subdivisions (d) and (e), it shall be unlawful for any person to knowingly acquire, receive, sell, promote the transfer of,...
  • California Penal Code Section 367g
    (a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated...
  • California Penal Code Section 368
    (a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections...
  • California Penal Code Section 368.5
    (a) Local law enforcement agencies and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all...
  • California Penal Code Section 369a
    (a) The Legislature hereby finds and declares the following: (1) Rail transit traffic safety programs are necessary to educate the public about the potential for...
  • California Penal Code Section 369b
    (a) This section shall only apply to counties with a population greater than 500,000. (b) The court may order any person convicted of a rail...
  • California Penal Code Section 369d
    Any person who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the...
  • California Penal Code Section 369g
    (a) Any person who rides, drives, or propels any vehicle upon and along the track of any railroad through or over its private right-of-way, without...
  • California Penal Code Section 369h
    Any person, partnership, firm or corporation installing, setting up, maintaining or operating upon public or private property, any sign or light in line of vision...
  • California Penal Code Section 369i
    (a) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner' s...
  • California Penal Code Section 370
    Section Three Hundred and Seventy. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free...
  • California Penal Code Section 371
    An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a...
  • California Penal Code Section 372
    Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal...
  • California Penal Code Section 373a
    Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing...
  • California Penal Code Section 374
    (a) Littering means the willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or...
  • California Penal Code Section 374.2
    (a) It is unlawful for any person to maliciously discharge, dump, release, place, drop, pour, or otherwise deposit, or to maliciously cause to be discharged,...
  • California Penal Code Section 374.3
    (a) It is unlawful to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any...
  • California Penal Code Section 374.4
    (a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this...
  • California Penal Code Section 374.5
    (a) It is unlawful for any grease waste hauler to do either of the following: (1) Reinsert, deposit, dump, place, release, or discharge into a...
  • California Penal Code Section 374.7
    (a) A person who litters or causes to be littered, or dumps or causes to be dumped, waste matter into a bay, lagoon, channel, river,...
  • California Penal Code Section 374.8
    (a) In any prosecution under this section, proof of the elements of the offense shall not be dependent upon the requirements of Title 22 of...
  • California Penal Code Section 374a
    A person giving information leading to the arrest and conviction of a person for a violation of Section 374c, 374.2, 374.3, 374.4, or 374.7 is...
  • California Penal Code Section 374c
    Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor.
  • California Penal Code Section 374d
    Every person who knowingly allows the carcass of any dead animal which belonged to him at the time of its death to be put, or...
  • California Penal Code Section 375
    (a) It shall be unlawful to throw, drop, pour, deposit, release, discharge or expose, or to attempt to throw, drop, pour, deposit, release, discharge or...
  • California Penal Code Section 377
    Every person who, in order to obtain for himself or another any drug that can be lawfully dispensed by a pharmacist only on prescription, falsely...
  • California Penal Code Section 379
    Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or...
  • California Penal Code Section 380
    (a) Every person who sells, dispenses or distributes toluene, or any substance or material containing toluene, to any person who is less than 18 years...
  • California Penal Code Section 381
    (a) Any person who possesses toluene or any substance or material containing toluene, including, but not limited to, glue, cement, dope, paint thinner, paint and...
  • California Penal Code Section 381a
    Any person, or persons, whether as principals, agents, managers, or otherwise, who buy or sell dairy products, or deal in milk, cream or butter, and...
  • California Penal Code Section 381b
    Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing...
  • California Penal Code Section 381c
    (a) As used in this section, "nitrous oxide" refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas....
  • California Penal Code Section 382
    Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding...
  • California Penal Code Section 382.4
    No person, other than a licensed veterinarian, shall administer succinylcholine, also known as sucostrin, to any dog or cat. Violation of this section shall constitute...
  • California Penal Code Section 382.5
    Every person who sells, dispenses, administers or prescribes dinitrophenol for any purpose shall be guilty of a felony, punishable by a fine not less than...
  • California Penal Code Section 382.6
    Every person who sells, dispenses, administers or prescribes preparations containing diphenylamine, paraphenylenediamine, or paratoluylenediamine, or a derivative of any such chemicals, to be used as...
  • California Penal Code Section 382.7
    Every person who knowingly prescribes, dispenses, administers, or furnishes any liquid silicone substance for the purpose of injection into a human breast or mammary is...
  • California Penal Code Section 383
    Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing that...
  • California Penal Code Section 383a
    Any person, firm, or corporation, who sells or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling,...
  • California Penal Code Section 383b
    Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be kosher,...
  • California Penal Code Section 383c
    Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be halal,...
  • California Penal Code Section 384
    (a) Any person who shall wilfully refuse to immediately relinquish a party line when informed that such line is needed for an emergency call, and...
  • California Penal Code Section 384.5
    (a) (1) Any person who removes any minor forest products from the property where the products were cut and transports the products upon any public...
  • California Penal Code Section 384a
    Every person who within the State of California willfully or negligently cuts, destroys, mutilates, or removes any tree or shrub, or fern or herb or...
  • California Penal Code Section 384b
    For the purposes of Sections 384c through 384f, inclusive, unless the context otherwise requires, the definitions contained in this section govern the construction of those...
  • California Penal Code Section 384c
    Persons purchasing trees, shrubs, or boughs from harvesters thereof shall not transport more than five trees or more than five pounds of shrubs or boughs...
  • California Penal Code Section 384d
    Upon the filing of an application containing the information required by Section 384c, and the presentation of a permit or proof of ownership as required...
  • California Penal Code Section 384e
    (a) The transportation tag described in Section 384d shall be presented to any peace officer upon demand. (b) Failure to produce a transportation tag properly...
  • California Penal Code Section 384f
    Any person violating any of the provisions of Sections 384b through 384f shall be guilty of a misdemeanor and upon conviction thereof shall be punished...
  • California Penal Code Section 384h
    Every person who willfully or negligently, while hunting upon the inclosed lands of another, kills, maims, or wounds an animal, the property of another, is...
  • California Penal Code Section 384i
    (a) Sections 384a to 384f, inclusive, shall not apply to maintenance and construction activities of public agencies and their employees. (b) Sections 384b to 384f,...
  • California Penal Code Section 385
    (a) The term "high voltage" as used in this section means a voltage in excess of 750 volts, measured between conductors or measured between the...
  • California Penal Code Section 386
    (a) Any person who willfully or maliciously constructs or maintains a fire-protection system in any structure with the intent to install a fire protection system...
  • California Penal Code Section 387
    (a) Any corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business...
  • California Penal Code Section 395
    Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with...
  • California Penal Code Section 396
    (a) The Legislature hereby finds that during emergencies and major disasters, including, but not limited to, earthquakes, fires, floods, or civil disturbances, some merchants have...
  • California Penal Code Section 396.5
    It shall be unlawful for any retail food store or wholesale food concern, as defined in Section 3(k) of the federal Food and Nutrition Act...
  • California Penal Code Section 397
    Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any habitual or common drunkard, or to any person...
  • California Penal Code Section 398
    (a) If a person owning or having custody or control of an animal knows, or has reason to know, that the animal bit another person,...
  • California Penal Code Section 399
    (a) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or...
  • California Penal Code Section 399.5
    (a) Any person owning or having custody or control of a dog trained to fight, attack, or kill is guilty of a felony or a...
  • California Penal Code Section 401
    Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony.
  • California Penal Code Section 402
    (a) Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the purpose of viewing the...
  • California Penal Code Section 402a
    Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy...
  • California Penal Code Section 402b
    Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, deep-freeze locker, clothes dryer, washing machine, or other...
  • California Penal Code Section 402c
    On and after January 1, 1970, any person who sells a new refrigerator, icebox, or deep-freeze locker not equipped with an integral lock in this...
  • California Penal Code Section 403
    Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than...
  • California Penal Code Section 404
    (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of...
  • California Penal Code Section 404.6
    (a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others...
  • California Penal Code Section 405
    Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not...
  • California Penal Code Section 405a
    The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.
  • California Penal Code Section 405b
    Every person who participates in any lynching is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.
  • California Penal Code Section 406
    Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot...
  • California Penal Code Section 407
    Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such...
  • California Penal Code Section 408
    Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.
  • California Penal Code Section 409
    Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public...
  • California Penal Code Section 409.3
    Whenever law enforcement officers and emergency medical technicians are at the scene of an accident, management of the scene of the accident shall be vested...
  • California Penal Code Section 409.5
    (a) Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other...
  • California Penal Code Section 409.6
    (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the California Highway Patrol, police...
  • California Penal Code Section 410
    If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly,...
  • California Penal Code Section 412
    Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring...
  • California Penal Code Section 413
    Every person wilfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misdemeanor. An information may be...
  • California Penal Code Section 414
    Every person who leaves this state with intent to evade any of the provisions of Section 412 or 413, and to commit any act out...
  • California Penal Code Section 414a
    No person, otherwise competent as a witness, is disqualified from testifying as such, concerning any offense under this act, on the ground that such testimony...
  • California Penal Code Section 415
    Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine...
  • California Penal Code Section 415.5
    (a) Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges...
  • California Penal Code Section 416
    (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on...
  • California Penal Code Section 417
    (a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a...
  • California Penal Code Section 417.25
    (a) Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in...
  • California Penal Code Section 417.26
    (a) Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in...
  • California Penal Code Section 417.27
    (a) No person, corporation, firm, or business entity of any kind shall knowingly sell a laser pointer to a person 17 years of age or...
  • California Penal Code Section 417.3
    Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public...
  • California Penal Code Section 417.4
    Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against...
  • California Penal Code Section 417.6
    (a) If, in the commission of a violation of Section 417 or 417.8, serious bodily injury is intentionally inflicted by the person drawing or exhibiting...
  • California Penal Code Section 417.8
    Every person who draws or exhibits any firearm, whether loaded or unloaded, or other deadly weapon, with the intent to resist or prevent the arrest...
  • California Penal Code Section 418
    Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions...
  • California Penal Code Section 419
    Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication...
  • California Penal Code Section 420
    Every person who unlawfully prevents, hinders, or obstructs any person from peaceably entering upon or establishing a settlement or residence on any tract of public...
  • California Penal Code Section 420.1
    Anyone who willfully and knowingly prevents, hinders, or obstructs any person from entering, passing over, or leaving land in which that person enjoys, either personally...
  • California Penal Code Section 422
    (a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific...
  • California Penal Code Section 422.1
    Every person who is convicted of a felony violation of Section 148.1 or 11418.1, under circumstances in which the defendant knew the underlying report was...
  • California Penal Code Section 422.4
    (a) Any person who publishes information describing or depicting an academic researcher or his or her immediate family member, or the location or locations where...
  • California Penal Code Section 422.55
    For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a...
  • California Penal Code Section 422.56
    For purposes of this title, the following definitions shall apply: (a) "Association with a person or group with these actual or perceived characteristics" includes advocacy...
  • California Penal Code Section 422.57
    For purposes this code, unless an explicit provision of law or the context clearly requires a different meaning, "gender" has the same meaning as in...
  • California Penal Code Section 422.6
    (a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or...
  • California Penal Code Section 422.7
    Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison...
  • California Penal Code Section 422.75
    (a) Except in the case of a person punished under Section 422.7, a person who commits a felony that is a hate crime or attempts...
  • California Penal Code Section 422.76
    Except where the court imposes additional punishment under Section 422.75 or in a case in which the person has been convicted of an offense subject...
  • California Penal Code Section 422.77
    (a) Any willful and knowing violation of any order issued pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code shall be...
  • California Penal Code Section 422.78
    The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to this title or Section 52.1 of...
  • California Penal Code Section 422.8
    Except as otherwise required by law, nothing in this title shall be construed to prevent or limit the prosecution of any person pursuant to any...
  • California Penal Code Section 422.85
    (a) In the case of any person who is convicted of any offense against the person or property of another individual, private institution, or public...
  • California Penal Code Section 422.86
    (a) It is the public policy of this state that the principal goals of sentencing for hate crimes, are the following: (1) Punishment for the...
  • California Penal Code Section 422.865
    (a) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for...
  • California Penal Code Section 422.88
    (a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required,...
  • California Penal Code Section 422.89
    It is the intent of the Legislature to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs to prevent...
  • California Penal Code Section 422.9
    All state and local agencies shall use the definition of "hate crime" set forth in subdivision (a) of Section 422.55 exclusively, except as other explicit...
  • California Penal Code Section 422.91
    The Department of Corrections and the California Youth Authority, subject to available funding, shall do each of the following: (a) Cooperate fully and participate actively...
  • California Penal Code Section 422.92
    (a) Every state and local law enforcement agency in this state shall make available a brochure on hate crimes to victims of these crimes and...
  • California Penal Code Section 422.93
    (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of...
  • California Penal Code Section 423
    This title shall be known and may be cited as the California Freedom of Access to Clinic and Church Entrances Act, or the California FACE
  • California Penal Code Section 423.1
    The following definitions apply for the purposes of this title: (a) "Crime of violence" means an offense that has as an element the use, attempted...
  • California Penal Code Section 423.2
    Every person who, except a parent or guardian acting towards his or her minor child or ward, commits any of the following acts shall be...
  • California Penal Code Section 423.3
    (a) A first violation of subdivision (c) or (d) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period...
  • California Penal Code Section 423.4
    (a) A person aggrieved by a violation of Section 423.2 may bring a civil action to enjoin the violation, for compensatory and punitive damages, and...
  • California Penal Code Section 423.5
    (a) (1) The court in which a criminal or civil proceeding is filed for a violation of subdivision (a), (c), or (e) of Section 423.2...
  • California Penal Code Section 423.6
    This title shall not be construed for any of the following purposes: (a) To impair any constitutionally protected activity, or any activity protected by the...
  • California Penal Code Section 424
    (a) Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt,...
  • California Penal Code Section 425
    Every officer charged with the receipt, safe keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in...
  • California Penal Code Section 426
    The phrase "public moneys," as used in Sections 424 and 425, includes all bonds and evidence of indebtedness, and all moneys belonging to the state,...
  • California Penal Code Section 428
    Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of...
  • California Penal Code Section 429
    Any provider of telecommunications services in this state that intentionally fails to collect or remit, as may be required, the annual fee imposed pursuant to...
  • California Penal Code Section 431
    Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll tax, road tax, or...
  • California Penal Code Section 432
    Every person who has in his possession, with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by...
  • California Penal Code Section 436
    Every person who acts as an auctioneer in violation of the laws of this State relating to auctions and auctioneers, is guilty of a misdemeanor.
  • California Penal Code Section 439
    Every person who in this State procures, or agrees to procure, any insurance for a resident of this State, from any insurance company not incorporated...
  • California Penal Code Section 440
    Every officer charged with the collection, receipt, or disbursement of any portion of the revenue of this State, who, upon demand, fails or refuses to...
  • California Penal Code Section 450
    In this chapter, the following terms have the following meanings: (a) "Structure" means any building, or commercial or public tent, bridge, tunnel, or powerplant. (b)...
  • California Penal Code Section 451
    A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who...
  • California Penal Code Section 451.1
    (a) Notwithstanding any other law, any person who is convicted of a felony violation of Section 451 shall be punished by a three-, four-, or...
  • California Penal Code Section 451.5
    (a) Any person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons or to cause damage to...
  • California Penal Code Section 452
    A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest...
  • California Penal Code Section 452.1
    (a) Notwithstanding any other law, any person who is convicted of a felony violation of Section 452 shall be punished by a one-, two-, or...
  • California Penal Code Section 453
    (a) Every person who possesses, manufactures, or disposes of any flammable, or combustible material or substance, or any incendiary device in an arrangement or preparation,...
  • California Penal Code Section 454
    (a) Every person who violates Section 451 or 452 during and within an area of any of the following, when proclaimed by the Governor, shall...
  • California Penal Code Section 455
    (a) Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of...
  • California Penal Code Section 456
    (a) Upon conviction for any felony violation of this chapter, in addition to the penalty prescribed, the court may impose a fine not to exceed...
  • California Penal Code Section 457
    Upon conviction of any person for a violation of any provision of this chapter, the court may order that such person, for the purpose of...
  • California Penal Code Section 457.1
    (a) As used in this section, "arson" means a violation of Section 451, 451.5, or 453, and attempted arson, which includes, but is not limited...
  • California Penal Code Section 458
    As used in this chapter, the term "cargo container" means a receptacle with all of the following characteristics: (a) Of a permanent character and accordingly...
  • California Penal Code Section 459
    Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section...
  • California Penal Code Section 460
    (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating...
  • California Penal Code Section 461
    Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. (b) Burglary...
  • California Penal Code Section 462
    (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 462.5
    (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 463
    (a) Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county...
  • California Penal Code Section 464
    Any person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts...
  • California Penal Code Section 466
    Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim...
  • California Penal Code Section 466.1
    Any person who knowingly and willfully sells or provides a lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a...
  • California Penal Code Section 466.3
    (a) Whoever possesses a key, tool, instrument, explosive, or device, or a drawing, print, or mold of a key, tool, instrument, explosive, or device, designed...
  • California Penal Code Section 466.5
    (a) Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key or a...
  • California Penal Code Section 466.6
    (a) Any person who makes a key capable of operating the ignition of a motor vehicle or personal property registered under the Vehicle Code for...
  • California Penal Code Section 466.65
    (a) Every person who possesses, gives, or lends any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine...
  • California Penal Code Section 466.7
    Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle key with knowledge that such...
  • California Penal Code Section 466.8
    (a) Any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to any residence or commercial...
  • California Penal Code Section 466.9
    (a) Every person who possesses a code grabbing device, with the intent to use it in the commission of an unlawful act, is guilty of...
  • California Penal Code Section 468
    Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his possession a sniperscope shall be guilty of a misdemeanor, punishable by...
  • California Penal Code Section 469
    Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has...
  • California Penal Code Section 470
    (a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another...
  • California Penal Code Section 470a
    Every person who alters, falsifies, forges, duplicates or in any manner reproduces or counterfeits any driver's license or identification card issued by a governmental agency...
  • California Penal Code Section 470b
    Every person who displays or causes or permits to be displayed or has in his or her possession any driver's license or identification card of...
  • California Penal Code Section 471
    Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be...
  • California Penal Code Section 471.5
    Any person who alters or modifies the medical record of any person, with fraudulent intent, or who, with fraudulent intent, creates any false medical record,...
  • California Penal Code Section 472
    Every person who, with intent to defraud another, forges, or counterfeits the seal of this State, the seal of any public officer authorized by law,...
  • California Penal Code Section 473
    Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
  • California Penal Code Section 474
    Every person who knowingly and willfully sends by telegraph or telephone to any person a false or forged message, purporting to be from a telegraph...
  • California Penal Code Section 475
    (a) Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items,...
  • California Penal Code Section 476
    Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter,...
  • California Penal Code Section 476a
    (a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent...
  • California Penal Code Section 477
    Every person who counterfeits any of the species of gold or silver coin current in this State, or any kind or species of gold dust,...
  • California Penal Code Section 478
    Counterfeiting is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.
  • California Penal Code Section 479
    Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this...
  • California Penal Code Section 480
    (a) Every person who makes, or knowingly has in his or her possession any die, plate, or any apparatus, paper, metal, machine, or other thing...
  • California Penal Code Section 481
    Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or...
  • California Penal Code Section 481.1
    (a) Every person who counterfeits, forges, or alters any fare media designed to entitle the holder to a ride on vehicles of a public transportation...
  • California Penal Code Section 482
    Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or...
  • California Penal Code Section 483
    Except as otherwise provided in Section 26002.5 of the Government Code and Sections 40180.5 and 99151 of the Public Utilities Code, any person, firm, corporation,...
  • California Penal Code Section 483.5
    (a) No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or...
  • California Penal Code Section 484
    (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which...
  • California Penal Code Section 484.1
    (a) Any person who knowingly gives false information or provides false verification as to the person's true identity or as to the person's ownership interest...
  • California Penal Code Section 484b
    Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money...
  • California Penal Code Section 484c
    Any person who submits a false voucher to obtain construction loan funds and does not use the funds for the purpose for which the claim...
  • California Penal Code Section 484d
    As used in this section and Sections 484e to 484j, inclusive: (1) "Cardholder" means any person to whom an access card is issued or any...
  • California Penal Code Section 484e
    (a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder's or issuer's consent, is guilty of grand...
  • California Penal Code Section 484f
    (a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use...
  • California Penal Code Section 484g
    Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access...
  • California Penal Code Section 484h
    Every retailer or other person who, with intent to defraud: (a) Furnishes money, goods, services or anything else of value upon presentation of an access...
  • California Penal Code Section 484i
    (a) Every person who possesses an incomplete access card, with intent to complete it without the consent of the issuer, is guilty of a misdemeanor....
  • California Penal Code Section 484j
    Any person who publishes the number or code of an existing, canceled, revoked, expired or nonexistent access card, personal identification number, computer password, access code,...
  • California Penal Code Section 485
    One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such...
  • California Penal Code Section 486
    Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft.
  • California Penal Code Section 487
    Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a...
  • California Penal Code Section 487a
    (a) Every person who feloniously steals, takes, carries, leads, or drives away any horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny,...
  • California Penal Code Section 487b
    Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty...
  • California Penal Code Section 487c
    Every person who converts real estate of the value of less than two hundred fifty dollars ($250) into personal property by severance from the realty...
  • California Penal Code Section 487d
    Every person who feloniously steals, takes, and carries away, or attempts to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box,...
  • California Penal Code Section 487e
    Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding nine hundred fifty dollars ($950) is...
  • California Penal Code Section 487f
    Every person who feloniously steals, takes, or carries away a dog of another which is of a value not exceeding nine hundred fifty dollars ($950)...
  • California Penal Code Section 487g
    Every person who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, slaughter, or other commercial use,...
  • California Penal Code Section 487h
    (a) Every person who steals, takes, or carries away cargo of another, if the cargo taken is of a value exceeding nine hundred fifty dollars...
  • California Penal Code Section 487i
    Any person who defrauds a housing program of a public housing authority of more than four hundred dollars ($400) is guilty of grand theft.
  • California Penal Code Section 487j
    Every person who steals, takes, or carries away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper...
  • California Penal Code Section 488
    Theft in other cases is petty theft.
  • California Penal Code Section 489
    Grand theft is punishable as follows: (a) If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16...
  • California Penal Code Section 490
    Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.
  • California Penal Code Section 490a
    Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and...
  • California Penal Code Section 490.1
    (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars...
  • California Penal Code Section 490.5
    (a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a...
  • California Penal Code Section 490.6
    (a) A person employed by an amusement park may detain a person for a reasonable time for the purpose of conducting an investigation in a...
  • California Penal Code Section 490.7
    (a) The Legislature finds that free newspapers provide a key source of information to the public, in many cases providing an important alternative to the...
  • California Penal Code Section 491
    Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property.
  • California Penal Code Section 492
    If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid...
  • California Penal Code Section 493
    If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage...
  • California Penal Code Section 494
    All the provisions of this Chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or...
  • California Penal Code Section 495
    The provisions of this Chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of...
  • California Penal Code Section 496
    (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion,...
  • California Penal Code Section 496a
    (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer...
  • California Penal Code Section 496b
    Every person who, being a dealer in or collector of second-hand books or other literary material, or the agent, employee or representative of such dealer,...
  • California Penal Code Section 496c
    Any person who shall copy, transcribe, photograph or otherwise make a record or memorandum of the contents of any private and unpublished paper, book, record,...
  • California Penal Code Section 496d
    (a) Every person who buys or receives any motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section...
  • California Penal Code Section 496e
    (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that...
  • California Penal Code Section 497
    Every person who, in another state or country steals or embezzles the property of another, or receives such property knowing it to have been stolen...
  • California Penal Code Section 498
    (a) The following definitions govern the construction of this section: (1) "Person" means any individual, or any partnership, firm, association, corporation, limited liability company, or...
  • California Penal Code Section 499
    (a) Any person who, having been convicted of a previous violation of Section 10851 of the Vehicle Code, or of subdivision (d) of Section 487,...
  • California Penal Code Section 499b
    (a) Any person who shall, without the permission of the owner thereof, take any bicycle for the purpose of temporarily using or operating the same,...
  • California Penal Code Section 499c
    (a) As used in this section: (1) "Access" means to approach, a way or means of approaching, nearing, admittance to, including to instruct, communicate with,...
  • California Penal Code Section 499d
    Any person who operates or takes an aircraft not his own, without the consent of the owner thereof, and with intent to either permanently or...
  • California Penal Code Section 500
    (a) Any person who receives money for the actual or purported purpose of transmitting the same or its equivalent to foreign countries as specified in...
  • California Penal Code Section 501
    Upon a trial for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, the allegation of the indictment or information, so...
  • California Penal Code Section 502
    (a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies...
  • California Penal Code Section 502.01
    (a) As used in this section: (1) "Property subject to forfeiture" means any property of the defendant that is illegal telecommunications equipment as defined in...
  • California Penal Code Section 502.5
    Every person who, after mortgaging or encumbering by deed of trust any real property, and during the existence of such mortgage or deed of trust,...
  • California Penal Code Section 502.6
    (a) Any person who knowingly, willfully, and with the intent to defraud, possesses a scanning device, or who knowingly, willfully, and with intent to defraud,...
  • California Penal Code Section 502.7
    (a) Any person who, knowingly, willfully, and with intent to defraud a person providing telephone or telegraph service, avoids or attempts to avoid, or aids,...
  • California Penal Code Section 502.8
    (a) Any person who knowingly advertises illegal telecommunications equipment is guilty of a misdemeanor. (b) Any person who possesses or uses illegal telecommunications equipment intending...
  • California Penal Code Section 502.9
    Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288,...
  • California Penal Code Section 503
    Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.
  • California Penal Code Section 504
    Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or...
  • California Penal Code Section 504a
    Every person who shall fraudulently remove, conceal or dispose of any goods, chattels or effects, leased or let to him by any instrument in writing,...
  • California Penal Code Section 504b
    Where under the terms of a security agreement, as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code, the debtor...
  • California Penal Code Section 505
    Every carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to any use...
  • California Penal Code Section 506
    Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property...
  • California Penal Code Section 506a
    Any person who, acting as collector, or acting in any capacity in or about a business conducted for the collection of accounts or debts owing...
  • California Penal Code Section 506b
    Any person who violates Section 2985.3 or 2985.4 of the Civil Code, relating to real property sales contracts, is guilty of a public offense punishable...
  • California Penal Code Section 507
    Every person intrusted with any property as bailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently...
  • California Penal Code Section 508
    Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his...
  • California Penal Code Section 509
    A distinct act of taking is not necessary to constitute embezzlement.
  • California Penal Code Section 510
    Any evidence of debt, negotiable by delivery only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a...
  • California Penal Code Section 511
    Upon any indictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred...
  • California Penal Code Section 512
    The fact that the accused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been...
  • California Penal Code Section 513
    Whenever, prior to an information laid before a magistrate, or an indictment found by a grand jury, charging the commission of embezzlement, the person accused...
  • California Penal Code Section 514
    Every person guilty of embezzlement is punishable in the manner prescribed for theft of property of the value or kind embezzled; and where the property...
  • California Penal Code Section 515
    Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288,...
  • California Penal Code Section 518
    Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a...
  • California Penal Code Section 519
    Fear, such as will constitute extortion, may be induced by a threat, either: 1. To do an unlawful injury to the person or property of...
  • California Penal Code Section 520
    Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any...
  • California Penal Code Section 521
    Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is...
  • California Penal Code Section 522
    Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any...
  • California Penal Code Section 523
    Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing,...
  • California Penal Code Section 524
    Every person who attempts, by means of any threat, such as is specified in Section 519 of this code, to extort money or other property...
  • California Penal Code Section 525
    Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288,...
  • California Penal Code Section 526
    Any person, who, with intent to obtain from another person any money, article of personal property or other thing of value, delivers or causes to...
  • California Penal Code Section 527
    Any person who shall sell or offer for sale, print, publish, or distribute any paper, document or written, typed or printed form, designed or calculated...
  • California Penal Code Section 528
    Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with...
  • California Penal Code Section 528.5
    (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web...
  • California Penal Code Section 529
    (a) Every person who falsely personates another in either his or her private or official capacity, and in that assumed character does any of the...
  • California Penal Code Section 529a
    Every person who manufactures, produces, sells, offers, or transfers to another any document purporting to be either a certificate of birth or certificate of baptism,...
  • California Penal Code Section 529.5
    (a) Every person who manufactures, sells, offers for sale, or transfers any document, not amounting to counterfeit, purporting to be a government-issued identification card or...
  • California Penal Code Section 529.7
    Any person who obtains, or assists another person in obtaining, a driver's license, identification card, vehicle registration certificate, or any other official document issued by...
  • California Penal Code Section 530
    Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, knowing that...
  • California Penal Code Section 530.5
    (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for...
  • California Penal Code Section 530.55
    (a) For purposes of this chapter, "person" means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company,...
  • California Penal Code Section 530.6
    (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in...
  • California Penal Code Section 530.7
    (a) In order for a victim of identity theft to be included in the data base established pursuant to subdivision (c), he or she shall...
  • California Penal Code Section 530.8
    (a) If a person discovers that an application in his or her name for a loan, credit line or account, credit card, charge card, public...
  • California Penal Code Section 531
    Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing...
  • California Penal Code Section 531a
    Every person who, with intent to defraud, knowingly executes or procures another to execute any instrument purporting to convey any real property, or any right...
  • California Penal Code Section 532
    (a) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether...
  • California Penal Code Section 532a
    (1) Any person who shall knowingly make or cause to be made, either directly or indirectly or through any agency whatsoever, any false statement in...
  • California Penal Code Section 532b
    (a) Any person who falsely represents himself or herself as a veteran or ex-serviceman of any war in which the United States was engaged, in...
  • California Penal Code Section 532c
    Any person, firm, corporation or copartnership who knowingly and designedly offers or gives with winning numbers at any drawing of numbers or with tickets of...
  • California Penal Code Section 532d
    (a) Any person who solicits or attempts to solicit or receives money or property of any kind for a charitable, religious or eleemosynary purpose and...
  • California Penal Code Section 532e
    Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment incident to constructing improvements on real property...
  • California Penal Code Section 532f
    (a) A person commits mortgage fraud if, with the intent to defraud, the person does any of the following: (1) Deliberately makes any misstatement, misrepresentation,...
  • California Penal Code Section 533
    Every person who, after once selling, bartering, or disposing of any tract of land or town lot, or after executing any bond or agreement for...
  • California Penal Code Section 534
    Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which...
  • California Penal Code Section 535
    Every person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which...
  • California Penal Code Section 536
    Every commission merchant, broker, agent, factor, or consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of...
  • California Penal Code Section 536a
    It is hereby made the duty of every commission merchant, broker, factor, or consignee, to whom any property is consigned or entrusted for sale, to...
  • California Penal Code Section 537
    (a) Any person who obtains any food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine...
  • California Penal Code Section 537b
    Any person who obtains any livery hire or other accommodation at any livery or feed stable, kept for profit, in this state, without paying therefor,...
  • California Penal Code Section 537c
    Every owner, manager, proprietor, or other person, having the management, charge or control of any livery stable, feed or boarding stable, and every person pasturing...
  • California Penal Code Section 537e
    (a) Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession any personal property from which the manufacturer's...
  • California Penal Code Section 537f
    No storage battery composed in whole or in part of a used container, or used plate or plates and intended for use in the starting,...
  • California Penal Code Section 537g
    (a) Unless otherwise provided by law, any person who knowingly removes, defaces, covers, alters or destroys a National Crime Information Center owner identification number from...
  • California Penal Code Section 538
    Every person, who, after mortgaging any of the property permitted to be mortgaged by the provisions of Sections 9102 and 9109 of the Commercial Code,...
  • California Penal Code Section 538a
    Every person who signs any letter addressed to a newspaper with the name of a person other than himself and sends such letter to the...
  • California Penal Code Section 538b
    Any person who wilfully wears the badge, lapel button, rosette, or any part of the garb, robe, habit, or any other recognized and established insignia...
  • California Penal Code Section 538c
    (a) Except as provided in subdivision (c), any person who attaches or inserts an unauthorized advertisement in a newspaper, whether alone or in concert with...
  • California Penal Code Section 538d
    (a) Any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the authorized...
  • California Penal Code Section 538e
    (a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device,...
  • California Penal Code Section 538f
    Any person, other than an employee of a public utility or district as defined in Sections 216 and 11503 of the Public Utilities Code, respectively,...
  • California Penal Code Section 538g
    (a) Any person, other than a state, county, city, special district, or city and county officer or employee, who willfully wears, exhibits, or uses the...
  • California Penal Code Section 538.5
    Every person who transmits or causes to be transmitted by means of wire, radio or television communication any words, sounds, writings, signs, signals, or pictures...
  • California Penal Code Section 539
    Every person who, with the intent to defraud, certifies that a person ordered by the court to participate in community service as a condition of...
  • California Penal Code Section 548
    (a) Every person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by...
  • California Penal Code Section 549
    Any firm, corporation, partnership, or association, or any person acting in his or her individual capacity, or in his or her capacity as a public...
  • California Penal Code Section 550
    (a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the...
  • California Penal Code Section 551
    (a) It is unlawful for any automotive repair dealer, contractor, or employees or agents thereof to offer to any insurance agent, broker, or adjuster any...
  • California Penal Code Section 552
    This article does not apply to any entry in the course of duty of any peace or police officer or other duly authorized public officer,...
  • California Penal Code Section 552.1
    This article does not prohibit: (a) Any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent,...
  • California Penal Code Section 553
    The following definitions apply to this article only: (a) "Sign" means a sign not less than one (1) square foot in area and upon which...
  • California Penal Code Section 554
    Any property, except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the...
  • California Penal Code Section 554.1
    Any property described in Section 554 may be posted against trespassing and loitering in the following manner: (a) If it is not enclosed within a...
  • California Penal Code Section 555
    It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or...
  • California Penal Code Section 555.1
    It is unlawful, without authority, to tear down, deface or destroy any sign posted pursuant to this article.
  • California Penal Code Section 555.2
    It is unlawful to loiter in the immediate vicinity of any posted property. This section does not prohibit picketing in such immediate vicinity or any...
  • California Penal Code Section 555.3
    Violation of any of the provisions of this article is a misdemeanor.
  • California Penal Code Section 555.4
    The provisions of this article are applicable throughout the State in all counties and municipalities and no local authority shall enact or enforce any ordinance...
  • California Penal Code Section 555.5
    If any provision of this article, or the application thereof to any person or circumstance, is held to be invalid, the remainder of the article,...
  • California Penal Code Section 556
    It is a misdemeanor for any person to place or maintain, or cause to be placed or maintained without lawful permission upon any property of...
  • California Penal Code Section 556.1
    It is a misdemeanor for any person to place or maintain or cause to be placed or maintained upon any property in which he has...
  • California Penal Code Section 556.2
    Sections 556 and 556.1 do not prevent the posting of any notice required by law or order of any court, to be posted, nor the...
  • California Penal Code Section 556.3
    Any sign, picture, transparency, advertisement, or mechanical device placed on any property contrary to the provisions of Sections 556 and 556.1, is a public nuisance.
  • California Penal Code Section 556.4
    For purposes of this article, information that appears on any sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following,...
  • California Penal Code Section 558
    Every person other than an officer, employee or student of the University of California, or licensee of the Regents of the University of California, is...
  • California Penal Code Section 558.1
    Every person who violates any of the provisions of Section 558 is guilty of a misdemeanor and upon conviction thereof shall be punished by a...
  • California Penal Code Section 560
    Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who issues or aids in issuing a document of title, or any person...
  • California Penal Code Section 560.1
    Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing...
  • California Penal Code Section 560.2
    Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who delivers goods out of the possession of such bailee knowing that a...
  • California Penal Code Section 560.3
    Any person who deposits goods with a bailee, as defined in Section 7102 of the Uniform Commercial Code, to which he has not title or...
  • California Penal Code Section 560.4
    Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who issues or aids in issuing a duplicate or additional negotiable document of...
  • California Penal Code Section 560.5
    Where there are deposited with or held by a warehouseman goods of which he is owner either solely or jointly or in common with others...
  • California Penal Code Section 560.6
    (1) A corporation, firm, or person, and its or his agents or employees shall not issue, sell, pledge, assign, or transfer in this State any...
  • California Penal Code Section 565
    It is a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months,...
  • California Penal Code Section 566
    It is a felony, punishable by a fine not exceeding one thousand five hundred dollars ($1,500), or by imprisonment pursuant to subdivision (h) of Section...
  • California Penal Code Section 570
    An act of unlawful subleasing of a motor vehicle, as defined in Section 571, shall be punishable by imprisonment in a county jail for not...
  • California Penal Code Section 571
    (a) A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met: (1) The motor...
  • California Penal Code Section 572
    (a) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right...
  • California Penal Code Section 573
    (a) The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter....
  • California Penal Code Section 574
    As used in this chapter, the following terms have the following meanings: (a) "Buyer" has the meaning set forth in subdivision (c) of Section 2981...
  • California Penal Code Section 577
    Every person, being the master, owner or agent of any vessel, or officer or agent of any railroad, express or transportation company, or otherwise being...
  • California Penal Code Section 578
    Every person carrying on the business of a warehouseman, wharfinger, or other depositary of property, who issues any receipt, bill of lading, or other voucher...
  • California Penal Code Section 579
    No person shall be convicted of an offense under Section 577 or 578 by reason that the contents of any barrel, box, case, cask, or...
  • California Penal Code Section 580
    Every person mentioned in this chapter, who issues any second or duplicate receipt or voucher, of a kind specified therein, at a time while any...
  • California Penal Code Section 581
    Every person mentioned in this chapter, who sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued...
  • California Penal Code Section 583
    Section 581 does not apply where property is demanded or sold by virtue of process of law.
  • California Penal Code Section 587
    Every person who maliciously does either of the following is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or imprisonment in a county...
  • California Penal Code Section 587.1
    (a) Every person who maliciously moves or causes to be moved, without authorization, any locomotive, is guilty of a misdemeanor punishable by imprisonment in the...
  • California Penal Code Section 587a
    Every person, who, without being thereunto duly authorized by the owner, lessee, or person or corporation engaged in the operation of any railroad, shall manipulate...
  • California Penal Code Section 587b
    Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or...
  • California Penal Code Section 587c
    Every person who fraudulently evades, or attempts to evade the payment of his fare, while traveling upon any railroad, shall be deemed guilty of a...
  • California Penal Code Section 588
    Every person who negligently, willfully or maliciously digs up, removes, displaces, breaks down or otherwise injures or destroys any state or other public highway or...
  • California Penal Code Section 588a
    Any person who throws or deposits any oil, glass bottle, glass, nails, tacks, hoops, wire, cans, or any other substance likely to injure any person,...
  • California Penal Code Section 588b
    Any person who wilfully breaks down, removes, injures, or destroys any barrier or obstruction erected or placed in or upon any road or highway by...
  • California Penal Code Section 590
    Every person who maliciously removes, destroys, injures, breaks or defaces any mile post, board or stone, or guide post erected on or near any highway,...
  • California Penal Code Section 590a
    One-half of all fines imposed and collected under Section 590 shall be paid to the informer who first causes a complaint to be filed charging...
  • California Penal Code Section 591
    A person who unlawfully and maliciously takes down, removes, injures, or obstructs any line of telegraph, telephone, or cable television, or any other line used...
  • California Penal Code Section 591.5
    A person who unlawfully and maliciously removes, injures, destroys, damages, or obstructs the use of any wireless communication device with the intent to prevent the...
  • California Penal Code Section 592
    (a) Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume,...
  • California Penal Code Section 593
    Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose...
  • California Penal Code Section 593a
    (a) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic, or other substance sufficiently hard...
  • California Penal Code Section 593b
    Every person who shall, without the written permission of the owner, lessee, or person or corporation operating any electrical transmission line, distributing line or system,...
  • California Penal Code Section 593c
    Every person who willfully and maliciously breaks, digs up, obstructs, interferes with, removes or injures any pipe or main or hazardous liquid pipeline erected, operated,...
  • California Penal Code Section 593d
    (a) Except as provided in subdivision (e), any person who, for the purpose of intercepting, receiving, or using any program or other service carried by...
  • California Penal Code Section 593e
    (a) Every person who knowingly and willfully makes or maintains an unauthorized connection or connections, whether physically, electrically, or inductively, or purchases, possesses, attaches, causes...
  • California Penal Code Section 593f
    Every person who for profit knowingly and willfully manufactures, distributes, or sells any device or plan or kit for a device, or printed circuit containing...
  • California Penal Code Section 593g
    Every person who, with the intent to use it in a violation of Section 593a, possesses any iron, steel, ceramic, or other substance sufficiently hard...
  • California Penal Code Section 594
    (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in...
  • California Penal Code Section 594.05
    (a) For purposes of Section 594, "damages" includes damage caused to public transit property and facilities, public parks property and facilities, and public utilities and...
  • California Penal Code Section 594.1
    (a) (1) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any...
  • California Penal Code Section 594.2
    (a) Every person who possesses a masonry or glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel,...
  • California Penal Code Section 594.3
    (a) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution,...
  • California Penal Code Section 594.35
    Every person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail...
  • California Penal Code Section 594.37
    (a) It is unlawful, except upon private property, for a person to engage in picketing targeted at a funeral during the time period beginning one...
  • California Penal Code Section 594.4
    (a) Any person who willfully and maliciously injects into or throws upon, or otherwise defaces, damages, destroys, or contaminates, any structure with butyric acid, or...
  • California Penal Code Section 594.5
    Nothing in this code shall invalidate an ordinance of, nor be construed to prohibit the adoption of an ordinance by, a city, city and county,...
  • California Penal Code Section 594.6
    (a) Every person who, having been convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, or 640.7, or any...
  • California Penal Code Section 594.7
    Notwithstanding subdivision (b) of Section 594, every person who, having been convicted previously of vandalism under Section 594 for maliciously defacing with graffiti or other...
  • California Penal Code Section 594.8
    (a) Any person convicted of possession of a destructive implement with intent to commit graffiti or willfully affixing graffiti under Section 594.2, 640.5, 640.6, or...
  • California Penal Code Section 595
    The specification of the Acts enumerated in the following sections of this Chapter is not intended to restrict or qualify the interpretation of the preceding
  • California Penal Code Section 596
    Every person who, without the consent of the owner, wilfully administers poison to any animal, the property of another, or exposes any poisonous substance, with...
  • California Penal Code Section 596.5
    It shall be a misdemeanor for any owner or manager of an elephant to engage in abusive behavior towards the elephant, which behavior shall include...
  • California Penal Code Section 596.7
    (a) (1) For purposes of this section, "rodeo" means a performance featuring competition between persons that includes three or more of the following events: bareback...
  • California Penal Code Section 597
    (a) Except as provided in subdivision (c) of this section or Section 599c, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a...
  • California Penal Code Section 597.1
    (a) (1) Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot...
  • California Penal Code Section 597.2
    (a) It shall be the duty of an officer of a pound, humane society, or animal regulation department of a public agency to assist in...
  • California Penal Code Section 597.3
    (a) Every person who operates a live animal market shall do all of the following: (1) Provide that no animal will be dismembered, flayed, cut...
  • California Penal Code Section 597.4
    (a) It shall be unlawful for any person to willfully do either of the following: (1) Sell or give away as part of a commercial...
  • California Penal Code Section 597.5
    (a) Any person who does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section...
  • California Penal Code Section 597.6
    (a) (1) No person may perform, or otherwise procure or arrange for the performance of, surgical claw removal, declawing, onychectomy, or tendonectomy on any cat...
  • California Penal Code Section 597.7
    (a) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal...
  • California Penal Code Section 597.9
    (a) Except as provided in subdivision (c) or (d), any person who has been convicted of a misdemeanor violation of subdivision (a) or (b) of...
  • California Penal Code Section 597a
    Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly...
  • California Penal Code Section 597b
    (a) Except as provided in subdivisions (b) and (c), any person who, for amusement or gain, causes any bull, bear, or other animal, not including...
  • California Penal Code Section 597c
    Any person who is knowingly present as a spectator at any place, building, or tenement for an exhibition of animal fighting, or who is knowingly...
  • California Penal Code Section 597d
    Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the Corporations Code, may enter any place, building, or tenement,...
  • California Penal Code Section 597e
    Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall supply it during such confinement with a sufficient quantity...
  • California Penal Code Section 597f
    (a) Every owner, driver, or possessor of any animal, who permits the animal to be in any building, enclosure, lane, street, square, or lot, of...
  • California Penal Code Section 597g
    (a) Poling a horse is a method of training horses to jump which consists of (1) forcing, persuading, or enticing a horse to jump in...
  • California Penal Code Section 597h
    (a) It shall be unlawful for any person to tie or attach or fasten any live animal to any machine or device propelled by any...
  • California Penal Code Section 597i
    (a) It shall be unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his or her possession any of the implements commonly...
  • California Penal Code Section 597j
    (a) Any person who owns, possesses, keeps, or trains any bird or other animal with the intent that it be used or engaged by himself...
  • California Penal Code Section 597k
    Anyone who, having care, custody or control of any horse or other animal, uses what is known as the bristle bur, tack bur, or other...
  • California Penal Code Section 597l
    (a) It shall be unlawful for any person who operates a pet shop to fail to do all of the following: (1) Maintain the facilities...
  • California Penal Code Section 597m
    It shall be unlawful for any person to promote, advertise, stage, hold, manage, conduct, participate in, engage in, or carry on any bullfight exhibition, any...
  • California Penal Code Section 597n
    (a) Any person who cuts the solid part of the tail of any horse or cattle in the operation known as "docking," or in any...
  • California Penal Code Section 597o
    (a) Any person who transports an equine in a vehicle to slaughter shall meet the following requirements: (1) The vehicle shall have sufficient clearance to...
  • California Penal Code Section 597p
    Within 30 days after the passage of this act, every owner, or user of any docked horse, within the State of California, shall register his...
  • California Penal Code Section 597q
    The driving, working, keeping, racing or using of any unregistered docked horse, or horses, after 60 days after the passage of this act, shall be...
  • California Penal Code Section 597r
    Any person or persons violating any of the provisions of this act, shall be deemed guilty of a misdemeanor; provided, however, that the provisions of...
  • California Penal Code Section 597s
    (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and...
  • California Penal Code Section 597t
    Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by...
  • California Penal Code Section 597u
    (a) No person, peace officer, officer of a humane society, or officer of a pound or animal regulation department of a public agency shall kill...
  • California Penal Code Section 597v
    No person, peace officer, officer of a humane society, or officer of a pound or animal regulation department of a public agency shall kill any...
  • California Penal Code Section 597x
    (a) Notwithstanding Section 18734 of the Food and Agricultural Code or any other provision of law, it is unlawful for any person to sell, attempt...
  • California Penal Code Section 597y
    A violation of Section 597u or 597v is a misdemeanor.
  • California Penal Code Section 597z
    (a) (1) Except as otherwise authorized under any other provision of law, it shall be a crime, punishable as specified in subdivision (b), for any...
  • California Penal Code Section 598
    Every person who, within any public cemetery or burying ground, kills, wounds, or traps any bird, or destroys any bird's nest other than swallows' nests,...
  • California Penal Code Section 598.1
    (a) The prosecuting agency in a criminal proceeding in which the defendant has been charged with the commission of any of the crimes listed in...
  • California Penal Code Section 598a
    (a) Every person is guilty of a misdemeanor who kills any dog or cat with the sole intent of selling or giving away the pelt...
  • California Penal Code Section 598b
    (a) Every person is guilty of a misdemeanor who possesses, imports into, or exports from, this state, sells, buys, gives away, or accepts any carcass...
  • California Penal Code Section 598c
    (a) Notwithstanding any other provision of law, it is unlawful for any person to possess, to import into or export from the state, or to...
  • California Penal Code Section 598d
    (a) Notwithstanding any other provision of law, horsemeat may not be offered for sale for human consumption. No restaurant, cafe, or other public eating place...
  • California Penal Code Section 599
    Every person is guilty of a misdemeanor who: (a) Sells or gives away, any live chicks, rabbits, ducklings, or other fowl as a prize for,...
  • California Penal Code Section 599a
    When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any provision of law...
  • California Penal Code Section 599b
    In this title, the word "animal" includes every dumb creature; the words "torment," "torture," and "cruelty" include every act, omission, or neglect whereby unnecessary or...
  • California Penal Code Section 599c
    No part of this title shall be construed as interfering with any of the laws of this state known as the "game laws," or any...
  • California Penal Code Section 599d
    (a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable...
  • California Penal Code Section 599e
    Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals are usually employed, and when there is...
  • California Penal Code Section 599f
    (a) No slaughterhouse, stockyard, auction, market agency, or dealer shall buy, sell, or receive a nonambulatory animal. (b) No slaughterhouse shall process, butcher, or sell...
  • California Penal Code Section 600
    (a) Any person who willfully and maliciously and with no legal justification strikes, beats, kicks, cuts, stabs, shoots with a firearm, administers any poison or...
  • California Penal Code Section 600.2
    (a) It is a crime for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury...
  • California Penal Code Section 600.5
    (a) Any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the...
  • California Penal Code Section 601
    (a) Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6,...
  • California Penal Code Section 602
    Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following...
  • California Penal Code Section 602.1
    (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to...
  • California Penal Code Section 602.2
    Any ordinance or resolution adopted by a county which requires written permission to enter vacant or unimproved private land from either the owner, the owner's...
  • California Penal Code Section 602.3
    (a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after...
  • California Penal Code Section 602.4
    (a) Every person who enters or remains on airport property owned by a city, county, or city and county, but located in another county, and...
  • California Penal Code Section 602.5
    (a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a...
  • California Penal Code Section 602.6
    Every person who enters or remains in, or upon, any state, county, district, or citrus fruit fair buildings or grounds, when the buildings or grounds...
  • California Penal Code Section 602.7
    Every person who enters or remains on any property, facility, or vehicle owned by the San Francisco Bay Area Rapid Transit District or the Southern...
  • California Penal Code Section 602.8
    (a) Any person who without the written permission of the landowner, the owner's agent, or the person in lawful possession of the land, willfully enters...
  • California Penal Code Section 602.9
    (a) Except as provided in subdivision (c), any person who, without the owner's or owner's agent's consent, claims ownership or claims or takes possession of...
  • California Penal Code Section 602.10
    Every person who, by physical force and with the intent to prevent attendance or instruction, willfully obstructs or attempts to obstruct any student or teacher...
  • California Penal Code Section 602.11
    (a) Any person, alone or in concert with others, who intentionally prevents an individual from entering or exiting a health care facility, place of worship,...
  • California Penal Code Section 602.12
    (a) Any person who enters the residential real property of an academic researcher for the purpose of chilling, preventing the exercise of, or interfering with...
  • California Penal Code Section 602.13
    (a) Every person who enters into an animal enclosure at a zoo, circus, or traveling animal exhibit, if the zoo, circus, or exhibit is licensed...
  • California Penal Code Section 603
    Every person other than a peace officer engaged in the performance of his duties as such who forcibly and without the consent of the owner,...
  • California Penal Code Section 604
    Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a...
  • California Penal Code Section 605
    Every person who either: 1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract...
  • California Penal Code Section 607
    Every person who willfully and maliciously cuts, breaks, injures, or destroys, or who, without the authority of the owner or managing agent, operates any gate...
  • California Penal Code Section 610
    Every person who unlawfully masks, alters, or removes any light or signal, or willfully exhibits any light or signal, with intent to bring any vessel...
  • California Penal Code Section 615
    Every person who willfully injures, defaces, or removes any signal, monument, building, or appurtenance thereto, placed, erected, or used by persons engaged in the United...
  • California Penal Code Section 616
    Every person who intentionally defaces, obliterates, tears down, or destroys any copy or transcript, or extract from or of any law of the United States...
  • California Penal Code Section 617
    Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery,...
  • California Penal Code Section 618
    Every person who willfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being authorized so to do,...
  • California Penal Code Section 620
    Every person who willfully alters the purport, effect, or meaning of a telegraphic or telephonic message to the injury of another, is punishable by imprisonment...
  • California Penal Code Section 621
    Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any law enforcement memorial or firefighter's memorial is guilty...
  • California Penal Code Section 622
    Every person, not the owner thereof, who willfully injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits...
  • California Penal Code Section 623
    (a) Except as otherwise provided in Section 599c, any person who, without the prior written permission of the owner of a cave, intentionally and knowingly...
  • California Penal Code Section 624
    Every person who wilfully breaks, digs up, obstructs, or injures any pipe or main for conducting water, or any works erected for supplying buildings with...
  • California Penal Code Section 625
    Every person who, with intent to defraud or injure, opens or causes to be opened, or draws water from any stopcock or faucet by which...
  • California Penal Code Section 625b
    (a) Every person who willfully injures or tampers with any aircraft or the contents or parts thereof, or removes any part of or from an...
  • California Penal Code Section 625c
    Any person who, with the intent to cause great bodily injury to another person, willfully removes, tampers with, injures or destroys any passenger transit vehicle...
  • California Penal Code Section 626
    (a) As used in this chapter, the following definitions apply: (1) "University" means the University of California, and includes any affiliated institution thereof and any...
  • California Penal Code Section 626.2
    Every student or employee who, after a hearing, has been suspended or dismissed from a community college, a state university, the university, or a public...
  • California Penal Code Section 626.4
    (a) The chief administrative officer of a campus or other facility of a community college, a state university, the university, or a school, or an...
  • California Penal Code Section 626.6
    (a) If a person who is not a student, officer or employee of a college or university and who is not required by his or...
  • California Penal Code Section 626.7
    (a) If a person who is not a student, officer, or employee of a public school, and who is not required by his or her...
  • California Penal Code Section 626.8
    (a) Any person who comes into any school building or upon any school ground, or street, sidewalk, or public way adjacent thereto, without lawful business...
  • California Penal Code Section 626.81
    (a) A person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any...
  • California Penal Code Section 626.85
    (a) Any specified drug offender who, at any time, comes into any school building or upon any school ground, or adjacent street, sidewalk, or public...
  • California Penal Code Section 626.9
    (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. (b) Any person who possesses a firearm...
  • California Penal Code Section 626.91
    Possession of ammunition on school grounds is governed by Section 30310.
  • California Penal Code Section 626.92
    Section 626.9 does not apply to or affect any of the following: (a) A security guard authorized to openly carry an unloaded handgun pursuant to...
  • California Penal Code Section 626.95
    (a) Any person who is in violation of paragraph (2) of subdivision (a), or subdivision (b), of Section 417, or Section 25400 or 25850, upon...
  • California Penal Code Section 626.10
    (a) (1) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,...
  • California Penal Code Section 626.11
    (a) Any evidence seized by a teacher, official, employee, or governing board member of any university, state university, or community college, or by any person...
  • California Penal Code Section 627
    (a) The Legislature finds the following: (1) Violent crimes perpetrated on public school grounds interfere with the education of students and threaten the health and...
  • California Penal Code Section 627.1
    As used in this chapter, with regard to a public school: (a) An "outsider" is any person other than: (1) A student of the school;...
  • California Penal Code Section 627.2
    No outsider shall enter or remain on school grounds during school hours without having registered with the principal or designee, except to proceed expeditiously to...
  • California Penal Code Section 627.3
    In order to register, an outsider shall upon request furnish the principal or designee with the following: (1) His or her name, address, and occupation....
  • California Penal Code Section 627.4
    (a) The principal or his or her designee may refuse to register an outsider if he or she has a reasonable basis for concluding that...
  • California Penal Code Section 627.5
    Any person who is denied registration or whose registration is revoked may request a hearing before the principal or superintendent on the propriety of the...
  • California Penal Code Section 627.6
    At each entrance to the school grounds of every public school at which this chapter is in force, signs shall be posted specifying the hours...
  • California Penal Code Section 627.7
    (a) It is a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or by a fine not to exceed five...
  • California Penal Code Section 627.8
    Every outsider who willfully and knowingly violates this chapter after having been previously convicted of a violation of this chapter committed within seven years of...
  • California Penal Code Section 627.8a
    The penalties imposed by the provisions of this chapter shall be utilized to prevent, deter, and punish those committing crimes on school campuses. The penalties...
  • California Penal Code Section 627.9
    The governing board of any school district may: (a) Exempt the district or any school or class of schools in the district from the operation...
  • California Penal Code Section 627.10
    A person whose presence or conduct on school grounds violates another provision of law may be punished for that violation, regardless of whether he or...
  • California Penal Code Section 628
    A person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that...
  • California Penal Code Section 628.5
    For any person that is criminally prosecuted for a violation of law in connection with massage therapy, including for crimes relating to prostitution, the arresting...
  • California Penal Code Section 629.50
    (a) Each application for an order authorizing the interception of a wire or electronic communication shall be made in writing upon the personal oath or...
  • California Penal Code Section 629.51
    (a) For the purposes of this chapter, the following terms have the following meanings: (1) "Wire communication" means any aural transfer made in whole or...
  • California Penal Code Section 629.52
    Upon application made under Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications...
  • California Penal Code Section 629.53
    The Judicial Council may establish guidelines for judges to follow in granting an order authorizing the interception of any wire or electronic communications.
  • California Penal Code Section 629.54
    Each order authorizing the interception of any wire or electronic communication shall specify all of the following: (a) The identity, if known, of the person...
  • California Penal Code Section 629.56
    (a) Upon informal application by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or a district attorney, or...
  • California Penal Code Section 629.58
    No order entered under this chapter shall authorize the interception of any wire or electronic communication for any period longer than is necessary to achieve...
  • California Penal Code Section 629.60
    Whenever an order authorizing an interception is entered, the order shall require reports in writing or otherwise to be made to the judge who issued...
  • California Penal Code Section 629.61
    (a) Whenever an order authorizing an interception is entered, the order shall require a report in writing or otherwise to be made to the Attorney...
  • California Penal Code Section 629.62
    (a) The Attorney General shall prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of...
  • California Penal Code Section 629.64
    The contents of any wire or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on any recording media....
  • California Penal Code Section 629.66
    Applications made and orders granted pursuant to this chapter shall be sealed by the judge. Custody of the applications and orders shall be where the...
  • California Penal Code Section 629.68
    Within a reasonable time, but no later than 90 days, after the termination of the period of an order or extensions thereof, or after the...
  • California Penal Code Section 629.70
    (a) A defendant shall be notified that he or she was identified as the result of an interception that was obtained pursuant to this chapter....
  • California Penal Code Section 629.72
    Any person in any trial, hearing, or proceeding, may move to suppress some or all of the contents of any intercepted wire or electronic communications,...
  • California Penal Code Section 629.74
    The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer who, by any means authorized by this chapter,...
  • California Penal Code Section 629.76
    The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer or federal law enforcement officer who, by any...
  • California Penal Code Section 629.78
    Any person who has received, by any means authorized by this chapter, any information concerning a wire or electronic communication, or evidence derived therefrom, intercepted...
  • California Penal Code Section 629.80
    No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. When a peace...
  • California Penal Code Section 629.82
    (a) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter,...
  • California Penal Code Section 629.84
    Any violation of this chapter is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail...
  • California Penal Code Section 629.86
    Any person whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have the following remedies: (a) Have a...
  • California Penal Code Section 629.88
    Nothing in Section 631, 632.5, 632.6, or 632.7 shall be construed as prohibiting any peace officer or federal law enforcement officer from intercepting any wire...
  • California Penal Code Section 629.89
    No order issued pursuant to this chapter shall either directly or indirectly authorize covert entry into or upon the premises of a residential dwelling, hotel...
  • California Penal Code Section 629.90
    An order authorizing the interception of a wire or electronic communication shall direct, upon request of the applicant, that a public utility engaged in the...
  • California Penal Code Section 629.91
    A good faith reliance on a court order issued in accordance with this chapter by any public utility, landlord, custodian, or any other person furnishing...
  • California Penal Code Section 629.92
    Notwithstanding any other provision of law, any court to which an application is made in accordance with this chapter may take any evidence, make any...
  • California Penal Code Section 629.94
    (a) The Commission on Peace Officer Standards and Training, in consultation with the Attorney General, shall establish a course of training in the legal, practical,...
  • California Penal Code Section 629.96
    If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the...
  • California Penal Code Section 629.98
    This chapter shall remain in effect only until January 1, 2015, and as of that date is repealed.
  • California Penal Code Section 630
    The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping...
  • California Penal Code Section 631
    (a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether...
  • California Penal Code Section 632
    (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device,...
  • California Penal Code Section 632.5
    (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication...
  • California Penal Code Section 632.6
    (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication...
  • California Penal Code Section 632.7
    (a) Every person who, without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or...
  • California Penal Code Section 633
    Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney...
  • California Penal Code Section 633.05
    (a) Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that...
  • California Penal Code Section 633.1
    (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision...
  • California Penal Code Section 633.5
    Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining...
  • California Penal Code Section 633.6
    (a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking...
  • California Penal Code Section 633.8
    (a) It is the intent of the Legislature in enacting this section to provide law enforcement with the ability to use electronic amplifying or recording...
  • California Penal Code Section 634
    Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632,...
  • California Penal Code Section 635
    (a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily...
  • California Penal Code Section 636
    (a) Every person who, without permission from all parties to the conversation, eavesdrops on or records, by means of an electronic device, a conversation, or...
  • California Penal Code Section 636.5
    Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for...
  • California Penal Code Section 637
    Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part...
  • California Penal Code Section 637.1
    Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be...
  • California Penal Code Section 637.2
    (a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for...
  • California Penal Code Section 637.3
    (a) No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress...
  • California Penal Code Section 637.4
    (a) No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining...
  • California Penal Code Section 637.5
    (a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system...
  • California Penal Code Section 637.6
    (a) No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the...
  • California Penal Code Section 637.7
    (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. (b) This...
  • California Penal Code Section 637.9
    (a) Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as...
  • California Penal Code Section 638
    (a) Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without...
  • California Penal Code Section 639
    Every person who gives, offers, or agrees to give to any director, officer, or employee of a financial institution any emolument, gratuity, or reward, or...
  • California Penal Code Section 639a
    Any officer, director or employee of a financial institution who asks, receives, consents, or agrees to receive any commission, emolument, gratuity, or reward or any...
  • California Penal Code Section 640
    (a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to...
  • California Penal Code Section 640.2
    (a) Any person who stamps, prints, places, or inserts any writing in or on any product or box, package, or other container containing a consumer...
  • California Penal Code Section 640.5
    (a) (1) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity,...
  • California Penal Code Section 640.6
    (a) (1) Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his...
  • California Penal Code Section 640.7
    Any person who violates Section 594, 640.5, or 640.6 on or within 100 feet of a highway, or its appurtenances, including, but not limited to,...
  • California Penal Code Section 640.8
    Any person who violates Section 594, 640.5, or 640.6, on a freeway, or its appurtenances, including sound walls, overpasses, overpass supports, guardrails, signs, signals, and...
  • California Penal Code Section 641
    Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph or telephone agent, operator,...
  • California Penal Code Section 641.3
    (a) Any employee who solicits, accepts, or agrees to accept money or any thing of value from a person other than his or her employer,...
  • California Penal Code Section 641.4
    (a) An employee of a title insurer, underwritten title company, or controlled escrow company who corruptly violates Section 12404 of the Insurance Code by paying,...
  • California Penal Code Section 641.5
    (a) In any clothes cleaning establishment in which more than one gallon of a volatile, commercially moisture-free solvent of the chlorinated hydrocarbon type is used...
  • California Penal Code Section 641.6
    Notwithstanding any other provision of law, no person engaged in the business of dry cleaning shall use carbon tetrachloride or trichlorethylene as a cleaning agent...
  • California Penal Code Section 642
    Every person who wilfully and maliciously removes and keeps possession of and appropriates for his own use articles of value from a dead human body,...
  • California Penal Code Section 643
    No person knowingly shall dispose of fetal remains in a public or private dump, refuse, or disposal site or place open to public view. For...
  • California Penal Code Section 645
    (a) Any person guilty of a first conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age,...
  • California Penal Code Section 646
    It is unlawful for any person with the intent, or for the purpose of instituting a suit thereon outside of this state, to seek or...
  • California Penal Code Section 646.5
    No person shall knowingly and directly solicit employment from any injured person or from any other person to obtain authorization on behalf of the injured...
  • California Penal Code Section 646.6
    No person shall knowingly and directly solicit any injured person, or anyone acting on behalf of any injured person, for the sale or use of...
  • California Penal Code Section 646.9
    (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent...
  • California Penal Code Section 646.91
    (a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order if a peace officer, as defined in Section 830.1,...
  • California Penal Code Section 646.91a
    (a) The court shall order that any party enjoined pursuant to Section 646.91 be prohibited from taking any action to obtain the address or location...
  • California Penal Code Section 646.92
    (a) (1) The Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections shall give notice not less than 15...
  • California Penal Code Section 646.93
    (a) (1) In those counties where the arrestee is initially incarcerated in a jail operated by the county sheriff, the sheriff shall designate a telephone...
  • California Penal Code Section 646.94
    (a) Contingent upon a Budget Act appropriation, the Department of Corrections shall ensure that any parolee convicted of violating Section 646.9 on or after January...
  • California Penal Code Section 647
    Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (a) Who solicits...
  • California Penal Code Section 647.1
    In addition to any fine assessed under Section 647, the judge may assess a fine not to exceed seventy dollars ($70) against any person who...
  • California Penal Code Section 647.2
    If a person is convicted of a violation of subdivision (f) of Section 647 and is granted probation, the court may order, with the consent...
  • California Penal Code Section 647.6
    (a) (1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand...
  • California Penal Code Section 647.7
    (a) In any case in which a person is convicted of violating subdivision (i) or (j) of Section 647, the court may require counseling as...
  • California Penal Code Section 647a
    (a) Any peace officer, as defined in subdivision (a) of Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any person, as quickly as...
  • California Penal Code Section 647b
    Every person who loiters about any school in which adults are in attendance at courses established pursuant to Chapter 10 (commencing with Section 52500) of...
  • California Penal Code Section 647c
    Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in...
  • California Penal Code Section 647d
    (a) Notwithstanding any other provision of law, subdivision (b) shall become operative in a county only if the board of supervisors adopts the provisions of...
  • California Penal Code Section 647e
    (a) A city, county, or city and county may by local ordinance provide that no person who has in his or her possession any bottle,...
  • California Penal Code Section 647f
    In any accusatory pleading charging a violation of subdivision (b) of Section 647, if the defendant has been previously convicted one or more times of...
  • California Penal Code Section 648
    Every person who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as...
  • California Penal Code Section 648a
    (a) Every person who has in his or her possession for any illegal purpose or who makes, sells, issues, or puts in circulation any slug...
  • California Penal Code Section 649
    Any person engaged in the transportation of persons by taxicab or other means of conveyance who knowingly misdirects a prospective guest of any hotel, inn,...
  • California Penal Code Section 649a
    Any person engaged in the operation of any hotel, inn, boardinghouse or lodginghouse who pays another any compensation for inducing or attempting to induce, by...
  • California Penal Code Section 651
    It is a misdemeanor for any person to buy, receive, sell, give away, dispose of, exchange or barter any Federal order stamps except for the...
  • California Penal Code Section 652
    (a) It shall be an infraction for any person to perform or offer to perform body piercing upon a person under the age of 18...
  • California Penal Code Section 653
    Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. As used in this...
  • California Penal Code Section 653b
    (a) Except as provided in subdivision (b) or (c), every person who loiters about any school or public place at or near which children attend...
  • California Penal Code Section 653c
    (a) No person required to register as a sex offender pursuant to Section 290 for an offense committed against an elder or dependent adult, as...
  • California Penal Code Section 653d
    Every person who sells machinery used or to be used for mining purposes who fails to give to the buyer, at the time of sale,...
  • California Penal Code Section 653f
    (a) Every person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of...
  • California Penal Code Section 653h
    (a) Every person is guilty of a public offense punishable as provided in subdivisions (b) and (c), who: (1) Knowingly and willfully transfers or causes...
  • California Penal Code Section 653i
    Any person who is involved in a skiing accident and who leaves the scene of the accident knowing or having reason to believe that any...
  • California Penal Code Section 653j
    (a) Every person 18 years of age or older who, in any voluntary manner, solicits, induces, encourages, or intimidates any minor with the intent that...
  • California Penal Code Section 653m
    (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or...
  • California Penal Code Section 653n
    Any person who installs or who maintains after April 1, 1970, any two-way mirror permitting observation of any restroom, toilet, bathroom, washroom, shower, locker room,...
  • California Penal Code Section 653o
    (a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the...
  • California Penal Code Section 653p
    It is unlawful to possess with the intent to sell, or to sell, within the state, the dead body, or any part or product thereof,...
  • California Penal Code Section 653q
    It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead...
  • California Penal Code Section 653r
    Notwithstanding the provisions of Section 3 of Chapter 1557 of the Statutes of 1970, it shall be unlawful to possess with intent to sell, or...
  • California Penal Code Section 653s
    (a) Any person who transports or causes to be transported for monetary or other consideration within this state, any article containing sounds of a live...
  • California Penal Code Section 653t
    (a) A person commits a public offense if the person knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication...
  • California Penal Code Section 653u
    (a) Any person who records or masters or causes to be recorded or mastered on any article with the intent to sell for commercial advantage...
  • California Penal Code Section 653v
    Whenever any person is convicted of any violation of Section 653h, 653s, 653u, or 653w the court, in its judgment of conviction, shall, in addition...
  • California Penal Code Section 653w
    (a) (1) A person is guilty of failure to disclose the origin of a recording or audiovisual work if, for commercial advantage or private financial...
  • California Penal Code Section 653x
    (a) Any person who telephones the 911 emergency line with the intent to annoy or harass another person is guilty of a misdemeanor punishable by...
  • California Penal Code Section 653y
    (a) Any person who knowingly allows the use or who uses the 911 telephone system for any reason other than because of an emergency is...
  • California Penal Code Section 653z
    (a) Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording...
  • California Penal Code Section 653.1
    (a) No person shall sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:...
  • California Penal Code Section 653.2
    (a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person's...
  • California Penal Code Section 653.20
    For purposes of this chapter, the following definitions apply: (a) "Commit prostitution" means to engage in sexual conduct for money or other consideration, but does...
  • California Penal Code Section 653.22
    (a) It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting...
  • California Penal Code Section 653.23
    (a) It is unlawful for any person to do either of the following: (1) Direct, supervise, recruit, or otherwise aid another person in the commission...
  • California Penal Code Section 653.24
    If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent...
  • California Penal Code Section 653.26
    A violation of any provision of this chapter is a misdemeanor.
  • California Penal Code Section 653.28
    Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local governing body from adopting and enforcing laws consistent with these...
  • California Penal Code Section 653.55
    It is a misdemeanor for any person for compensation to knowingly make a false or misleading material statement or assertion of fact in the preparation...
  • California Penal Code Section 653.56
    For purposes of this chapter: (a) "Compensation" means money, property, or anything else of value. (b) "Immigration matter" means any proceeding, filing, or action affecting...
  • California Penal Code Section 653.57
    Any person violating the provisions of this chapter may be enjoined by any superior court of competent jurisdiction upon an action for injunction, brought by...
  • California Penal Code Section 653.58
    Any person who intentionally violates any injunction issued pursuant to Section 653.57 shall be liable for a civil penalty not to exceed two thousand five...
  • California Penal Code Section 653.59
    Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500)...
  • California Penal Code Section 653.60
    Any person injured by violation of this chapter may recover: (a) his actual damages or five hundred dollars ($500), whichever is greater; and (b) the...
  • California Penal Code Section 653.61
    The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of...
  • California Penal Code Section 653.75
    Any person who commits any public offense while in custody in any local detention facility, as defined in Section 6031.4, or any state prison, as...
  • California Penal Code Section 654
    (a) An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for...
  • California Penal Code Section 654.1
    It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership...
  • California Penal Code Section 654.2
    The provisions of Section 654.1 of the Penal Code shall not apply to the selling, furnishing, or providing of transportation of any person or persons...
  • California Penal Code Section 654.3
    Violation of Section 654.1 shall be a misdemeanor, and upon first conviction the punishment shall be a fine of not over five hundred dollars ($500),...
  • California Penal Code Section 655
    An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, Government,...
  • California Penal Code Section 656
    Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of the United States, or of another...
  • California Penal Code Section 656.5
    Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country...
  • California Penal Code Section 656.6
    No international treaties or laws shall be violated to secure the return of a person who has been convicted in another country of a crime...
  • California Penal Code Section 657
    A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.
  • California Penal Code Section 658
    When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered...
  • California Penal Code Section 659
    Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law,...
  • California Penal Code Section 660
    In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time...
  • California Penal Code Section 661
    In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county,...
  • California Penal Code Section 662
    No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and...
  • California Penal Code Section 663
    Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was...
  • California Penal Code Section 664
    Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is...
  • California Penal Code Section 665
    Sections 663 and 664 do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime,...
  • California Penal Code Section 666
    (a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, a conviction pursuant to subdivision (d)...
  • California Penal Code Section 666.5
    (a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an...
  • California Penal Code Section 667
    (a) (1) In compliance with subdivision (b) of Section 1385, any person convicted of a serious felony who previously has been convicted of a serious...
  • California Penal Code Section 667.1
    Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, all references to existing statutes in subdivisions (c) to...
  • California Penal Code Section 667.5
    Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) Where one of the new offenses is...
  • California Penal Code Section 667.51
    (a) Any person who is convicted of violating Section 288 or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified...
  • California Penal Code Section 667.6
    (a) Any person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall...
  • California Penal Code Section 667.61
    (a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or...
  • California Penal Code Section 667.7
    (a) Any person convicted of a felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7, or personally used...
  • California Penal Code Section 667.70
    Any person who is convicted of murder, which was committed prior to June 3, 1998, and sentenced pursuant to paragraph (1) of subdivision (a) of...
  • California Penal Code Section 667.71
    (a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the...
  • California Penal Code Section 667.75
    Any person convicted of a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who has previously served two...
  • California Penal Code Section 667.8
    (a) Except as provided in subdivision (b), any person convicted of a felony violation of Section 261, 262, 264.1, 286, 288a, or 289 who, for...
  • California Penal Code Section 667.85
    Any person convicted of a violation of Section 207 or 209, who kidnapped or carried away any child under the age of 14 years with...
  • California Penal Code Section 667.9
    (a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or...
  • California Penal Code Section 667.10
    (a) Any person who has a prior conviction of the offense set forth in Section 289 and who commits that crime against a person who...
  • California Penal Code Section 667.15
    Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any...
  • California Penal Code Section 667.16
    (a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner...
  • California Penal Code Section 667.17
    Any person who violates the provisions of Section 538d during the commission of a felony shall receive an additional one-year term of imprisonment to be...
  • California Penal Code Section 668
    Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, that...
  • California Penal Code Section 668.5
    An offense specified as a prior felony conviction by reference to a specific code section shall include any prior felony conviction under any predecessor statute...
  • California Penal Code Section 669
    (a) When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts, and...
  • California Penal Code Section 670
    (a) Any person who violates Section 7158 or 7159 of, or subdivision (b), (c), (d), or (e) of Section 7161 of, the Business and Professions...
  • California Penal Code Section 672
    Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court...
  • California Penal Code Section 673
    It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any other state, county, or city institution any cruel, corporal or...
  • California Penal Code Section 674
    (a) Any person who is a primary care provider in a day care facility and who is convicted of a felony violation of Section 261,...
  • California Penal Code Section 675
    (a) Any person suffering a felony conviction for a violation of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of subdivision (b)...
  • California Penal Code Section 678
    Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value...
  • California Penal Code Section 679
    In recognition of the civil and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies,...
  • California Penal Code Section 679.01
    As used in this title, the following definitions shall control: (a) "Crime" means an act committed in this state which, if committed by a competent...
  • California Penal Code Section 679.02
    (a) The following are hereby established as the statutory rights of victims and witnesses of crimes: (1) To be notified as soon as feasible that...
  • California Penal Code Section 679.026
    (a) It is the intent of the people of the State of California in enacting this section to implement the rights of victims of crime...
  • California Penal Code Section 679.03
    (a) With respect to the conviction of a defendant involving a violent offense, as defined in Section 29905, the county district attorney, probation department, and...
  • California Penal Code Section 679.04
    (a) A victim of sexual assault as the result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 has the right...
  • California Penal Code Section 679.05
    (a) A victim of domestic violence or abuse, as defined in Sections 6203 or 6211 of the Family Code, or Section 13700 of the Penal...
  • California Penal Code Section 679.08
    (a) (1) Whenever there has been a crime committed against a victim, the law enforcement officer assigned to the case may provide the victim of...
  • California Penal Code Section 680
    (a) This section shall be known as and may be cited as the "Sexual Assault Victims' DNA Bill of Rights." (b) The Legislature finds and...
  • California Penal Code Section 681
    No person can be punished for a public offense, except upon a legal conviction in a Court having jurisdiction thereof.
  • California Penal Code Section 682
    Every public offense must be prosecuted by indictment or information, except: 1. Where proceedings are had for the removal of civil officers of the state;...
  • California Penal Code Section 683
    The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.
  • California Penal Code Section 684
    A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the
  • California Penal Code Section 685
    The party prosecuted in a criminal action is designated in this Code as the defendant.
  • California Penal Code Section 686
    In a criminal action the defendant is entitled: 1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or...
  • California Penal Code Section 686.1
    Notwithstanding any other provision of law, the defendant in a capital case shall be represented in court by counsel at all stages of the preliminary...
  • California Penal Code Section 686.2
    (a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is...
  • California Penal Code Section 686.5
    In any case in which a person is arrested and released without trial or in which a person is arrested, tried, and acquitted, if such...
  • California Penal Code Section 687
    No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
  • California Penal Code Section 688
    No person charged with a public offense may be subjected, before conviction, to any more restraint than is necessary for his detention to answer the
  • California Penal Code Section 689
    No person can be convicted of a public offense unless by verdict of a jury, accepted and recorded by the court, by a finding of...
  • California Penal Code Section 690
    The provisions of Part 2 (commencing with Section 681) shall apply to all criminal actions and proceedings in all courts, except where jurisdictional limitations or...
  • California Penal Code Section 691
    The following words have in Part 2 (commencing with Section 681) the signification attached to them in this section, unless it is otherwise apparent from...
  • California Penal Code Section 692
    Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured; 2. By other parties.
  • California Penal Code Section 693
    Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person, or...
  • California Penal Code Section 694
    Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.
  • California Penal Code Section 697
    Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace; 2. By forming a...
  • California Penal Code Section 698
    When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid,...
  • California Penal Code Section 701
    An information may be laid before any of the magistrates mentioned in Section 808, that a person has threatened to commit an offense against the...
  • California Penal Code Section 701.5
    (a) Notwithstanding subdivision (b), no peace officer or agent of a peace officer shall use a person who is 12 years of age or younger...
  • California Penal Code Section 702
    When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their...
  • California Penal Code Section 703
    If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against,...
  • California Penal Code Section 704
    When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence...
  • California Penal Code Section 705
    If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of...
  • California Penal Code Section 706
    If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking...
  • California Penal Code Section 707
    If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate...
  • California Penal Code Section 708
    If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.
  • California Penal Code Section 709
    The undertaking must be filed by the magistrate in the office of the Clerk of the county.
  • California Penal Code Section 710
    A person who, in the presence of a Court or magistrate, assaults or threatens to assault another, or to commit an offense against his person...
  • California Penal Code Section 711
    Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.
  • California Penal Code Section 712
    Upon the District Attorney's producing evidence of such conviction to the Superior Court of the county, the Court must order the undertaking to be prosecuted,...
  • California Penal Code Section 713
    In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive...
  • California Penal Code Section 714
    Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter.
  • California Penal Code Section 723
    When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution...
  • California Penal Code Section 724
    The officer must certify to the Court from which the process issued the names of the persons resisting, and their aiders and abettors, to the...
  • California Penal Code Section 726
    Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his or her deputies, the...
  • California Penal Code Section 727
    If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all...
  • California Penal Code Section 737
    All felonies shall be prosecuted by indictment or information, except as provided in Section 859a. A proceeding pursuant to Section 3060 of the Government Code...
  • California Penal Code Section 738
    Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made...
  • California Penal Code Section 739
    When a defendant has been examined and committed, as provided in Section 872, it shall be the duty of the district attorney of the county...
  • California Penal Code Section 740
    Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may...
  • California Penal Code Section 750
    Notwithstanding any other provision of law, in the event that the superior court of a county having a population in excess of six million has...
  • California Penal Code Section 777
    Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by...
  • California Penal Code Section 777a
    If a parent violates the provisions of Section 270 of this code, the jurisdiction of such offense is in any competent court of either the...
  • California Penal Code Section 777b
    Perjury, in violation of Section 118, committed outside of the State of California is punishable in a competent court in the jurisdictional territory in this...
  • California Penal Code Section 778
    When the commission of a public offense, commenced without the State, is consummated within its boundaries by a defendant, himself outside the State, through the...
  • California Penal Code Section 778a
    (a) Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of that intent, which...
  • California Penal Code Section 778b
    Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards...
  • California Penal Code Section 781
    Except as provided in Section 923, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory,...
  • California Penal Code Section 782
    When a public offense is committed on the boundary of two or more jurisdictional territories, or within 500 yards thereof, the jurisdiction of such offense...
  • California Penal Code Section 783
    When a public offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in...
  • California Penal Code Section 783.5
    When a public offense is committed in a park situated in more than one county, the jurisdiction over such an offense is in any competent...
  • California Penal Code Section 784
    The jurisdiction of a criminal action: (a) For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping another, with intent, against...
  • California Penal Code Section 784.5
    The jurisdiction of a criminal action for a violation of Section 277, 278, or 278.5 shall be in any one of the following jurisdictional territories:...
  • California Penal Code Section 784.7
    (a) When more than one violation of Section 220, except assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or...
  • California Penal Code Section 784.8
    When charges alleging multiple violations of Section 236.1 that involve the same victim or victims in multiple territorial jurisdictions are filed in one county pursuant...
  • California Penal Code Section 785
    When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory of...
  • California Penal Code Section 786
    (a) When property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received...
  • California Penal Code Section 787
    When multiple offenses punishable under one or more of Sections 11418, 11418.5, and 11419 occur in more than one jurisdictional territory, and the offenses are...
  • California Penal Code Section 788
    The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State.
  • California Penal Code Section 789
    The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have...
  • California Penal Code Section 790
    (a) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted or in the county...
  • California Penal Code Section 791
    In the case of an accessory, as defined in Section 32, in the commission of a public offense, the jurisdiction is in any competent court...
  • California Penal Code Section 792
    The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission...
  • California Penal Code Section 793
    When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United...
  • California Penal Code Section 793.5
    Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country...
  • California Penal Code Section 794
    Where an offense is within the jurisdiction of two or more courts, a conviction or acquittal thereof in one court is a bar to a...
  • California Penal Code Section 795
    The jurisdiction of a violation of Sections 412, 413, or 414, or a conspiracy to violate any of said sections, is in any competent court...
  • California Penal Code Section 799
    Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or...
  • California Penal Code Section 800
    Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment...
  • California Penal Code Section 801
    Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of...
  • California Penal Code Section 801.1
    (a) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or...
  • California Penal Code Section 801.2
    Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.4 shall commence within 10 years...
  • California Penal Code Section 801.5
    Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four...
  • California Penal Code Section 801.6
    Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision...
  • California Penal Code Section 802
    (a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison...
  • California Penal Code Section 802.5
    Notwithstanding Section 802 or any other provision of law, prosecution for the offense described in Section 18897.93 of the Business and Professions Code shall be...
  • California Penal Code Section 803
    (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (b) No...
  • California Penal Code Section 803.5
    With respect to a violation of Section 115 or 530.5, a limitation of time prescribed in this chapter does not commence to run until the...
  • California Penal Code Section 803.6
    (a) If more than one time period described in this chapter applies, the time for commencing an action shall be governed by that period that...
  • California Penal Code Section 804
    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:...
  • California Penal Code Section 805
    For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed...
  • California Penal Code Section 806
    A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath...
  • California Penal Code Section 807
    A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.
  • California Penal Code Section 808
    The following persons are magistrates: (a) The judges of the Supreme Court. (b) The judges of the courts of appeal. (c) The judges of the...
  • California Penal Code Section 809
    The night-time commissioner of the Santa Clara County Superior Court shall be considered a magistrate for the purpose of conducting prompt probable cause hearings for...
  • California Penal Code Section 810
    (a) The presiding judge of the superior court in a county shall, as often as is necessary, designate on a schedule not less than one...
  • California Penal Code Section 813
    (a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or...
  • California Penal Code Section 814
    A warrant of arrest issued under Section 813 may be in substantially the following form: County of ____ The people of the State of California...
  • California Penal Code Section 815
    A warrant of arrest shall specify the name of the defendant or, if it is unknown to the magistrate, judge, justice, or other issuing authority,...
  • California Penal Code Section 815a
    At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the...
  • California Penal Code Section 816
    A warrant of arrest shall be directed generally to any peace officer, or to any public officer or employee authorized to serve process where the...
  • California Penal Code Section 816a
    A summons issued pursuant to Section 813 shall be served by any peace officer, or any public officer or employee authorized to serve process when...
  • California Penal Code Section 817
    (a) (1) When a declaration of probable cause is made by a peace officer of this state, in accordance with subdivision (b) or (c), the...
  • California Penal Code Section 817.5
    (a) On or after June 30, 2001, upon the issuance of any arrest warrant, the issuing law enforcement agency may enter the warrant information into...
  • California Penal Code Section 818
    In any case in which a peace officer serves upon a person a warrant of arrest for a misdemeanor offense under the Vehicle Code or...
  • California Penal Code Section 821
    If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest...
  • California Penal Code Section 822
    If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in...
  • California Penal Code Section 823
    On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant to the officer having charge of the defendant....
  • California Penal Code Section 824
    When an adult willfully misrepresents himself or herself to be a minor under 18 years of age when taken into custody and this misrepresentation effects...
  • California Penal Code Section 825
    (a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any...
  • California Penal Code Section 825.5
    Any physician and surgeon, including a psychiatrist, licensed to practice in this state, or any psychologist licensed to practice in this state who holds a...
  • California Penal Code Section 826
    If on a warrant issued under Section 813 or 817 the defendant is brought before a magistrate other than the one who issued the warrant,...
  • California Penal Code Section 827
    When a complaint is filed with a magistrate of the commission of a felony originally triable in the superior court of another county of the...
  • California Penal Code Section 827.1
    A person who is specified or designated in a warrant of arrest for a misdemeanor offense may be released upon the issuance of a citation,...
  • California Penal Code Section 828
    The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is...
  • California Penal Code Section 829
    When a complaint is filed with a magistrate of the commission of a misdemeanor or infraction triable in another county of the state than that...
  • California Penal Code Section 829.5
    (a) "Code enforcement officer" means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental...
  • California Penal Code Section 830
    Any person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a...
  • California Penal Code Section 830.1
    (a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or...
  • California Penal Code Section 830.2
    The following persons are peace officers whose authority extends to any place in the state: (a) Any member of the Department of the California Highway...
  • California Penal Code Section 830.3
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.31
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.32
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.33
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.34
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.35
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.36
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.37
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when...
  • California Penal Code Section 830.38
    The officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services appointed pursuant...
  • California Penal Code Section 830.39
    (a) Any regularly employed law enforcement officer of the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department...
  • California Penal Code Section 830.4
    The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their duties under the conditions...
  • California Penal Code Section 830.41
    Notwithstanding any other provision of law, the City of Tulelake, California, is authorized to enter into a mutual aid agreement with the City of Malin,...
  • California Penal Code Section 830.5
    The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their...
  • California Penal Code Section 830.55
    (a) (1) As used in this section, a correctional officer is a peace officer, employed by a city, county, or city and county that operates...
  • California Penal Code Section 830.6
    (a) (1) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a...
  • California Penal Code Section 830.65
    (a) Any person who is a regularly employed police officer of a city or a regularly employed deputy sheriff of a county, or a reserve...
  • California Penal Code Section 830.7
    The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the...
  • California Penal Code Section 830.8
    (a) Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a peace officer in...
  • California Penal Code Section 830.9
    Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the...
  • California Penal Code Section 830.95
    (a) Any person who wears the uniform of a peace officer while engaged in picketing, or other informational activities in a public place relating to...
  • California Penal Code Section 830.10
    Any uniformed peace officer shall wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the
  • California Penal Code Section 830.11
    (a) The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and...
  • California Penal Code Section 830.12
    Notwithstanding any other provision of law, persons designated by a local agency as litter control officers, vehicle abatement officers, registered sanitarians, and solid waste specialists,...
  • California Penal Code Section 830.13
    (a) The following persons are not peace officers but may exercise the power to serve warrants as specified in Sections 1523 and 1530 during the...
  • California Penal Code Section 830.14
    (a) A local or regional transit agency or a joint powers agency operating rail service identified in an implementation program adopted pursuant to Article 10...
  • California Penal Code Section 830.15
    (a) Notwithstanding subdivision (d) of Section 830.33, a person regularly employed as an airport law enforcement officer by Los Angeles World Airports is a peace...
  • California Penal Code Section 831
    (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has...
  • California Penal Code Section 831.4
    (a) (1) A sheriff's or police security officer is a public officer, employed by the sheriff of a county or police chief of a city,...
  • California Penal Code Section 831.5
    (a) As used in this section, a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of San...
  • California Penal Code Section 831.6
    (a) A transportation officer is a public officer, not a peace officer, appointed on a contract basis by a peace officer to transport a prisoner...
  • California Penal Code Section 831.7
    (a) As used in this section, a custody assistant is a person who is a full-time employee, not a peace officer, employed by the county...
  • California Penal Code Section 832
    (a) Every person described in this chapter as a peace officer shall satisfactorily complete an introductory course of training prescribed by the Commission on Peace...
  • California Penal Code Section 832.05
    (a) Each state or local department or agency that employs peace officers shall utilize a person meeting the requirements set forth in subdivision (f) of...
  • California Penal Code Section 832.1
    Any airport security officer, airport policeman, or airport special officer, regularly employed and paid by a city, county, city and county, or district who is...
  • California Penal Code Section 832.2
    Every school police reserve officer, as described in Section 38000 of the Education Code, shall complete a course of training approved by the Commission on...
  • California Penal Code Section 832.25
    (a) Notwithstanding any other provision of law, all welfare fraud investigators or inspectors who are appointed as peace officers pursuant to subdivision (a) of Section...
  • California Penal Code Section 832.3
    (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police...
  • California Penal Code Section 832.4
    (a) Any undersheriff or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute...
  • California Penal Code Section 832.5
    (a) (1) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public...
  • California Penal Code Section 832.6
    (a) Every person deputized or appointed, as described in subdivision (a) of Section 830.6, shall have the powers of a peace officer only when the...
  • California Penal Code Section 832.7
    (a) Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from...
  • California Penal Code Section 832.8
    As used in Section 832.7, "personnel records" means any file maintained under that individual's name by his or her employing agency and containing records relating...
  • California Penal Code Section 832.9
    (a) A governmental entity employing a peace officer, as defined in Section 830, judge, court commissioner, or an attorney employed by the Department of Justice,...
  • California Penal Code Section 832.15
    (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency as to whether an individual applying for...
  • California Penal Code Section 832.16
    (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency employing a peace officer, as defined by...
  • California Penal Code Section 832.17
    (a) Upon request by a state or local agency, the Department of Justice shall notify the state or local agency as to whether an individual...
  • California Penal Code Section 833
    A peace officer may search for dangerous weapons any person whom he has legal cause to arrest, whenever he has reasonable cause to believe that...
  • California Penal Code Section 833.2
    (a) It is the intent of the Legislature to encourage law enforcement and county child welfare agencies to develop protocols in collaboration with other local...
  • California Penal Code Section 833.5
    (a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm...
  • California Penal Code Section 834
    An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a...
  • California Penal Code Section 834a
    If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it...
  • California Penal Code Section 834b
    (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if...
  • California Penal Code Section 834c
    (a) (1) In accordance with federal law and the provisions of this section, every peace officer, upon arrest and booking or detention for more than...
  • California Penal Code Section 835
    An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be...
  • California Penal Code Section 835a
    Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to...
  • California Penal Code Section 836
    (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter...
  • California Penal Code Section 836.1
    When a person commits an assault or battery against the person of a firefighter, emergency medical technician, or mobile intensive care paramedic while that person...
  • California Penal Code Section 836.3
    A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person who, while...
  • California Penal Code Section 836.5
    (a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause...
  • California Penal Code Section 836.6
    (a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of...
  • California Penal Code Section 837
    A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a...
  • California Penal Code Section 838
    A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the...
  • California Penal Code Section 839
    Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
  • California Penal Code Section 840
    An arrest for the commission of a felony may be made on any day and at any time of the day or night. An arrest...
  • California Penal Code Section 841
    The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and...
  • California Penal Code Section 841.5
    (a) Except as otherwise required by Chapter 10 (commencing with Section 1054) of Title 7, or by the United States Constitution or the California Constitution,...
  • California Penal Code Section 842
    An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at...
  • California Penal Code Section 843
    When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if...
  • California Penal Code Section 844
    To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open the door...
  • California Penal Code Section 845
    Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained...
  • California Penal Code Section 846
    Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them...
  • California Penal Code Section 847
    (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a...
  • California Penal Code Section 847.5
    If a person has been admitted to bail in another state, escapes bail, and is present in this State, the bail bondsman or other person...
  • California Penal Code Section 848
    An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by
  • California Penal Code Section 849
    (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without...
  • California Penal Code Section 849.5
    In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of...
  • California Penal Code Section 850
    (a) A telegraphic copy of a warrant or an abstract of a warrant may be sent by telegraph, teletype, or any other electronic devices, to...
  • California Penal Code Section 851
    Every officer causing telegraphic copies or abstracts of warrants to be sent, must certify as correct, and file in the telegraphic office from which such...
  • California Penal Code Section 851.5
    (a) (1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to...
  • California Penal Code Section 851.6
    (a) In any case in which a person is arrested and released pursuant to paragraph (1) or (3) of subdivision (b) of Section 849, the...
  • California Penal Code Section 851.7
    (a) Any person who has been arrested for a misdemeanor, with or without a warrant, while a minor, may, during or after minority, petition the...
  • California Penal Code Section 851.8
    (a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement...
  • California Penal Code Section 851.85
    Whenever a person is acquitted of a charge and it appears to the judge presiding at the trial wherein such acquittal occurred that the defendant...
  • California Penal Code Section 851.86
    Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of...
  • California Penal Code Section 851.865
    (a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be sufficient...
  • California Penal Code Section 851.87
    (a) (1) In any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of...
  • California Penal Code Section 851.90
    (a) (1) Whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted...
  • California Penal Code Section 852
    This chapter may be cited as the Uniform Act on Fresh Pursuit.
  • California Penal Code Section 852.1
    As used in this chapter: (a) "State" means any State of the United States and the District of Columbia. (b) "Peace officer" means any peace...
  • California Penal Code Section 852.2
    Any peace officer of another State, who enters this State in fresh pursuit, and continues within this State in fresh pursuit, of a person in...
  • California Penal Code Section 852.3
    If an arrest is made in this State by a peace officer of another State in accordance with the provisions of section 852.2 of this...
  • California Penal Code Section 852.4
    Section 852.2 of this code shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.
  • California Penal Code Section 853.1
    (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State...
  • California Penal Code Section 853.2
    (a) All courts and officers now or hereafter having and exercising jurisdiction in any county which is now or may hereafter be formed in any...
  • California Penal Code Section 853.3
    (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State...
  • California Penal Code Section 853.4
    (a) As used in this compact, unless the context otherwise requires, "party state" means a state that has enacted this compact. (b) If conduct is...
  • California Penal Code Section 853.5
    (a) Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the...
  • California Penal Code Section 853.6
    (a) (1) In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city...
  • California Penal Code Section 853.6a
    (a) Except as provided in subdivision (b), if the person arrested appears to be under the age of 18 years, and the arrest is for...
  • California Penal Code Section 853.7
    Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in...
  • California Penal Code Section 853.7a
    (a) In addition to the fees authorized or required by any other provision of law, a county may, by resolution of the board of supervisors,...
  • California Penal Code Section 853.8
    When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted...
  • California Penal Code Section 853.85
    This chapter shall not apply in any case where a person is arrested for an offense declared to be a felony.
  • California Penal Code Section 853.9
    (a) Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the...
  • California Penal Code Section 854
    If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at...
  • California Penal Code Section 855
    To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, if,...
  • California Penal Code Section 858
    When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense,...
  • California Penal Code Section 858.5
    (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor...
  • California Penal Code Section 858.7
    (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction...
  • California Penal Code Section 859
    When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within...
  • California Penal Code Section 859.1
    (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of...
  • California Penal Code Section 859.5
    (a) Except as otherwise provided in this section, a custodial interrogation of a minor, who is in a fixed place of detention, and suspected of...
  • California Penal Code Section 859a
    (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant...
  • California Penal Code Section 859b
    At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded...
  • California Penal Code Section 859c
    Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate...
  • California Penal Code Section 860
    At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to...
  • California Penal Code Section 861
    (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit,...
  • California Penal Code Section 861.5
    Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental,...
  • California Penal Code Section 862
    If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit...
  • California Penal Code Section 863
    The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: "The within named...
  • California Penal Code Section 864
    At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.
  • California Penal Code Section 865
    The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.
  • California Penal Code Section 866
    (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined....
  • California Penal Code Section 866.5
    The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being...
  • California Penal Code Section 867
    While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined....
  • California Penal Code Section 868
    The examination shall be open and public. However, upon the request of the defendant and a finding by the magistrate that exclusion of the public...
  • California Penal Code Section 868.5
    (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision...
  • California Penal Code Section 868.6
    (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable...
  • California Penal Code Section 868.7
    (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868...
  • California Penal Code Section 868.8
    Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of subdivision (b)...
  • California Penal Code Section 869
    The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her...
  • California Penal Code Section 870
    The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper...
  • California Penal Code Section 871
    If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the...
  • California Penal Code Section 871.5
    (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code...
  • California Penal Code Section 871.6
    If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or continues...
  • California Penal Code Section 872
    (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant...
  • California Penal Code Section 872.5
    Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a...
  • California Penal Code Section 873
    If the offense is not bailable, the following words must be added to the indorsement: "And he is hereby committed to the Sheriff of the...
  • California Penal Code Section 875
    If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, "and that he be...
  • California Penal Code Section 876
    If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver...
  • California Penal Code Section 877
    The commitment must be to the following effect except when it is made under the provisions of section 859a of this code. County of ____...
  • California Penal Code Section 877a
    When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect: County of ____...
  • California Penal Code Section 878
    On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material...
  • California Penal Code Section 879
    When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason...
  • California Penal Code Section 880
    Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.
  • California Penal Code Section 881
    (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for...
  • California Penal Code Section 882
    When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he...
  • California Penal Code Section 883
    When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at...
  • California Penal Code Section 888
    A grand jury is a body of the required number of persons returned from the citizens of the county before a court of competent jurisdiction,...
  • California Penal Code Section 888.2
    As used in this title as applied to a grand jury, "required number" means: (a) Twenty-three in a county having a population exceeding 4,000,000. (b)...
  • California Penal Code Section 889
    An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.
  • California Penal Code Section 890
    Unless a higher fee or rate of mileage is otherwise provided by statute or county or city and county ordinance, the fees for grand jurors...
  • California Penal Code Section 890.1
    The per diem and mileage of grand jurors where allowed by law shall be paid by the treasurer of the county out of the general...
  • California Penal Code Section 891
    Every person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the grand jury, records, or attempts to record, all...
  • California Penal Code Section 892
    The grand jury may proceed against a corporation.
  • California Penal Code Section 893
    (a) A person is competent to act as a grand juror only if he possesses each of the following qualifications: (1) He is a citizen...
  • California Penal Code Section 894
    Sections 204, 218, and 219 of the Code of Civil Procedure specify the exemptions and the excuses which relieve a person from liability to serve...
  • California Penal Code Section 895
    During the month preceding the beginning of the fiscal year of the county, the superior court of each county shall make an order designating the...
  • California Penal Code Section 896
    (a) Immediately after an order is made pursuant to Section 895, the court shall select the grand jurors required by personal interview for the purpose...
  • California Penal Code Section 898
    The list of grand jurors made in a county having a population in excess of four million shall contain the number of persons which has...
  • California Penal Code Section 899
    The names for the grand jury list shall be selected from the different wards, judicial districts, or supervisorial districts of the respective counties in proportion...
  • California Penal Code Section 900
    On receiving the list of persons selected by the court, the jury commissioner shall file it in the jury commissioner's office and have the list,...
  • California Penal Code Section 901
    (a) The persons whose names are so returned shall be known as regular jurors, and shall serve for one year and until other persons are...
  • California Penal Code Section 902
    The names of persons drawn for grand jurors shall be drawn from the grand jury box by withdrawing either the pieces of paper placed therein...
  • California Penal Code Section 903.1
    Pursuant to written rules or instructions adopted by a majority of the judges of the superior court of the county, the jury commissioner shall furnish...
  • California Penal Code Section 903.2
    The jury commissioner shall diligently inquire and inform himself or herself in respect to the qualifications of persons resident in his or her county who...
  • California Penal Code Section 903.3
    Pursuant to the rules or instructions adopted by a majority of the judges of the superior court, the jury commissioner shall return to the judges...
  • California Penal Code Section 903.4
    The judges are not required to select any name from the list returned by the jury commissioner, but may, if in their judgment the due...
  • California Penal Code Section 904
    Every superior court, whenever in its opinion the public interest so requires, shall make and file with the jury commissioner an order directing a grand...
  • California Penal Code Section 904.4
    (a) In any county having a population of more than 370,000 but less than 400,000 as established by Section 28020 of the Government Code, the...
  • California Penal Code Section 904.7
    (a) Notwithstanding subdivision (a) of Section 904.6 or any other provision, in the County of San Bernardino, the presiding judge of the superior court, or...
  • California Penal Code Section 904.8
    (a) Notwithstanding subdivision (a) of Section 904.6 or any other provision, in the County of Los Angeles, the presiding judge of the superior court, or...
  • California Penal Code Section 905
    In all counties there shall be at least one grand jury drawn and impaneled in each year.
  • California Penal Code Section 905.5
    (a) Except as otherwise provided in subdivision (b), the grand jury shall be impaneled and serve during the fiscal year of the county in the...
  • California Penal Code Section 906
    The order shall designate the time at which the drawing will take place. The names of the grand jurors shall be drawn, and the list...
  • California Penal Code Section 907
    Any grand juror summoned, who willfully and without reasonable excuse fails to attend, may be attached and compelled to attend and the court may also...
  • California Penal Code Section 908
    If the required number of the persons summoned as grand jurors are present and not excused, the required number shall constitute the grand jury. If...
  • California Penal Code Section 908.1
    When, after the grand jury consisting of the required number of persons has been impaneled pursuant to law, the membership is reduced for any reason,...
  • California Penal Code Section 908.2
    (a) Upon the decision of the superior court pursuant to Section 901 to adopt this method of selecting grand jurors, when the required number of...
  • California Penal Code Section 909
    Before accepting a person drawn as a grand juror, the court shall be satisfied that such person is duly qualified to act as such juror....
  • California Penal Code Section 910
    No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, except when...
  • California Penal Code Section 911
    The following oath shall be taken by each member of the grand jury: "I do solemnly swear (affirm) that I will support the Constitution of...
  • California Penal Code Section 912
    From the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreman. The court shall also appoint a foreman when...
  • California Penal Code Section 913
    If a grand jury is not in existence, the Attorney General may demand the impaneling of a grand jury by those charged with the duty...
  • California Penal Code Section 914
    (a) When the grand jury is impaneled and sworn, it shall be charged by the court. In doing so, the court shall give the grand...
  • California Penal Code Section 914.1
    When a grand jury is impaneled, for purposes which include the investigation of, or inquiry into, county matters of civil concern, the judge of the...
  • California Penal Code Section 914.5
    The grand jury shall not spend money or incur obligations in excess of the amount budgeted for its investigative activities pursuant to this chapter by...
  • California Penal Code Section 915
    When the grand jury has been impaneled, sworn, and charged, it shall retire to a private room, except when operating under a finding pursuant to...
  • California Penal Code Section 916
    Each grand jury shall choose its officers, except the foreman, and shall determine its rules of proceeding. Adoption of its rules of procedure and all...
  • California Penal Code Section 916.1
    If the foreman of a grand jury is absent from any meeting or if he is disqualified to act, the grand jury may select a...
  • California Penal Code Section 916.2
    (a) Notwithstanding any other provision of law, a grand juror who is a current employee of, or a former or retired employee last employed within...
  • California Penal Code Section 917
    The grand jury may inquire into all public offenses committed or triable within the county and present them to the court by indictment.
  • California Penal Code Section 918
    If a member of a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he...
  • California Penal Code Section 919
    (a) The grand jury may inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not...
  • California Penal Code Section 920
    The grand jury may investigate and inquire into all sales and transfers of land, and into the ownership of land, which, under the state laws,...
  • California Penal Code Section 921
    The grand jury is entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public...
  • California Penal Code Section 922
    The powers and duties of the grand jury in connection with proceedings for the removal of district, county, or city officers are prescribed in Article...
  • California Penal Code Section 923
    (a) Whenever the Attorney General considers that the public interest requires, he or she may, with or without the concurrence of the district attorney, direct...
  • California Penal Code Section 924
    Every grand juror who willfully discloses the fact of an information or indictment having been made for a felony, until the defendant has been arrested,...
  • California Penal Code Section 924.1
    (a) Every grand juror who, except when required by a court, willfully discloses any evidence adduced before the grand jury, or anything which he himself...
  • California Penal Code Section 924.2
    Each grand juror shall keep secret whatever he himself or any other grand juror has said, or in what manner he or any other grand...
  • California Penal Code Section 924.3
    A grand juror cannot be questioned for anything he may say or any vote he may give in the grand jury relative to a matter...
  • California Penal Code Section 924.4
    Notwithstanding the provisions of Sections 924.1 and 924.2, any grand jury or, if the grand jury is no longer impaneled, the presiding judge of the...
  • California Penal Code Section 924.6
    If no indictment is returned, the court that impaneled the grand jury shall, upon application of either party, order disclosure of all or part of...
  • California Penal Code Section 925
    The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations,...
  • California Penal Code Section 925a
    The grand jury may at any time examine the books and records of any incorporated city or joint powers agency located in the county. In...
  • California Penal Code Section 926
    (a) If, in the judgment of the grand jury, the services of one or more experts are necessary for the purposes of Sections 925, 925a,...
  • California Penal Code Section 927
    A grand jury may, and when requested by the board of supervisors shall, investigate and report upon the needs for increase or decrease in salaries...
  • California Penal Code Section 928
    Every grand jury may investigate and report upon the needs of all county officers in the county, including the abolition or creation of offices and...
  • California Penal Code Section 929
    As to any matter not subject to privilege, with the approval of the presiding judge of the superior court or the judge appointed by the...
  • California Penal Code Section 930
    If any grand jury shall, in the report above mentioned, comment upon any person or official who has not been indicted by such grand jury...
  • California Penal Code Section 931
    All expenses of the grand jurors incurred under this article shall be paid by the treasurer of the county out of the general fund of...
  • California Penal Code Section 932
    After investigating the books and accounts of the various officials of the county, as provided in the foregoing sections of this article, the grand jury...
  • California Penal Code Section 933
    (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to...
  • California Penal Code Section 933.05
    (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the...
  • California Penal Code Section 933.06
    (a) Notwithstanding Sections 916 and 940, in a county having a population of 20,000 or less, a final report may be adopted and submitted pursuant...
  • California Penal Code Section 933.1
    A grand jury may at any time examine the books and records of a redevelopment agency, a housing authority, created pursuant to Division 24 (commencing...
  • California Penal Code Section 933.5
    A grand jury may at any time examine the books and records of any special-purpose assessing or taxing district located wholly or partly in the...
  • California Penal Code Section 933.6
    A grand jury may at any time examine the books and records of any nonprofit corporation established by or operated on behalf of a public...
  • California Penal Code Section 934
    (a) The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or...
  • California Penal Code Section 935
    The district attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice relative to...
  • California Penal Code Section 936
    When requested so to do by the grand jury of any county, the Attorney General may employ special counsel and special investigators, whose duty it...
  • California Penal Code Section 936.5
    (a) When requested to do so by the grand jury of any county, the presiding judge of the superior court may employ special counsel and...
  • California Penal Code Section 936.7
    (a) In a county of the eighth class, as defined by Sections 28020 and 28029 of the Government Code, upon a request by the grand...
  • California Penal Code Section 937
    The grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter. While his services are...
  • California Penal Code Section 938
    (a) Whenever criminal causes are being investigated before the grand jury, it shall appoint a competent stenographic reporter. He shall be sworn and shall report...
  • California Penal Code Section 938.1
    (a) If an indictment has been found or accusation presented against a defendant, such stenographic reporter shall certify and deliver to the clerk of the...
  • California Penal Code Section 938.2
    (a) For preparing any transcript in any case pursuant to subdivision (a) of Section 938.1, the stenographic reporter shall draw no salary or fees from...
  • California Penal Code Section 938.3
    The services of the stenographic reporter shall constitute a charge against the county, and the stenographic reporter shall be compensated for reporting and transcribing at...
  • California Penal Code Section 938.4
    The superior court shall arrange for a suitable meeting room and other support as the court determines is necessary for the grand jury. Any costs...
  • California Penal Code Section 939
    No person other than those specified in Article 3 (commencing with Section 934), and in Sections 939.1, 939.11, and 939.21, and the officer having custody...
  • California Penal Code Section 939.1
    The grand jury acting through its foreman and the attorney general or the district attorney may make a joint written request for public sessions of...
  • California Penal Code Section 939.11
    Any member of the grand jury who has a hearing, sight, or speech disability may request an interpreter when his or her services are necessary...
  • California Penal Code Section 939.2
    A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the district attorney, his investigator or, upon...
  • California Penal Code Section 939.21
    (a) Any prosecution witness before the grand jury in a proceeding involving a violation of Section 243.4, 261, 273a, 273d, 285, 286, 288, 288a, 288.5,...
  • California Penal Code Section 939.22
    (a) Any witness who is called to give testimony under oath before a civil grand jury may have counsel present on his or her behalf...
  • California Penal Code Section 939.3
    In any investigation or proceeding before a grand jury for any felony offense when a person refuses to answer a question or produce evidence of...
  • California Penal Code Section 939.4
    The foreman may administer an oath to any witness appearing before the grand jury.
  • California Penal Code Section 939.5
    Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the...
  • California Penal Code Section 939.6
    (a) Subject to subdivision (b), in the investigation of a charge, the grand jury shall receive no other evidence than what is: (1) Given by...
  • California Penal Code Section 939.7
    The grand jury is not required to hear evidence for the defendant, but it shall weigh all the evidence submitted to it, and when it...
  • California Penal Code Section 939.71
    (a) If the prosecutor is aware of exculpatory evidence, the prosecutor shall inform the grand jury of its nature and existence. Once the prosecutor has...
  • California Penal Code Section 939.8
    The grand jury shall find an indictment when all the evidence before it, taken together, if unexplained or uncontradicted, would, in its judgment, warrant a...
  • California Penal Code Section 939.9
    A grand jury shall make no report, declaration, or recommendation on any matter except on the basis of its own investigation of the matter made...
  • California Penal Code Section 939.91
    (a) A grand jury which investigates a charge against a person, and as a result thereof cannot find an indictment against such person, shall, at...
  • California Penal Code Section 940
    An indictment cannot be found without concurrence of at least 14 grand jurors in a county in which the required number of members of the...
  • California Penal Code Section 943
    When an indictment is found, the names of the witnesses examined before the Grand Jury, or whose depositions may have been read before them, must...
  • California Penal Code Section 944
    An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with...
  • California Penal Code Section 945
    When an indictment is found against a defendant not in custody, the same proceedings must be had as are prescribed in Sections 979 to 984,...
  • California Penal Code Section 948
    All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by...
  • California Penal Code Section 949
    The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in...
  • California Penal Code Section 950
    The accusatory pleading must contain: 1. The title of the action, specifying the name of the court to which the same is presented, and the...
  • California Penal Code Section 951
    An indictment or information may be in substantially the following form: The people of the State of California against A. B. In the superior court...
  • California Penal Code Section 952
    In charging an offense, each count shall contain, and shall be sufficient if it contains in substance, a statement that the accused has committed some...
  • California Penal Code Section 953
    When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must...
  • California Penal Code Section 954
    An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or...
  • California Penal Code Section 954.1
    In cases in which two or more different offenses of the same class of crimes or offenses have been charged together in the same accusatory...
  • California Penal Code Section 955
    The precise time at which the offense was committed need not be stated in the accusatory pleading, but it may be alleged to have been...
  • California Penal Code Section 956
    When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to...
  • California Penal Code Section 957
    The words used in an accusatory pleading are construed in their usual acceptance in common language, except such words and phrases as are defined by...
  • California Penal Code Section 958
    Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same...
  • California Penal Code Section 959
    The accusatory pleading is sufficient if it can be understood therefrom: 1. That it is filed in a court having authority to receive it, though...
  • California Penal Code Section 959.1
    (a) Notwithstanding Sections 740, 806, 949, and 959 or any other law to the contrary, a criminal prosecution may be commenced by filing an accusatory...
  • California Penal Code Section 960
    No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter...
  • California Penal Code Section 961
    Neither presumptions of law, nor matters of which judicial notice is authorized or required to be taken, need be stated in an accusatory pleading.
  • California Penal Code Section 962
    In pleading a judgment or other determination of, or proceeding before, a Court or officer of special jurisdiction, it is not necessary to state the...
  • California Penal Code Section 963
    In pleading a private statute, or an ordinance of a county or a municipal corporation, or a right derived therefrom, it is sufficient to refer...
  • California Penal Code Section 964
    (a) In each county, the district attorney and the courts, in consultation with any local law enforcement agencies that may desire to provide information or...
  • California Penal Code Section 965
    When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or the procurement...
  • California Penal Code Section 966
    In an accusatory pleading for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect...
  • California Penal Code Section 967
    In an accusatory pleading charging the theft of money, bank notes, certificates of stock or valuable securities, or a conspiracy to cheat or defraud a...
  • California Penal Code Section 968
    An accusatory pleading charging exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet,...
  • California Penal Code Section 969
    In charging the fact of a previous conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a...
  • California Penal Code Section 969a
    Whenever it shall be discovered that a pending indictment or information does not charge all prior felonies of which the defendant has been convicted either...
  • California Penal Code Section 969b
    For the purpose of establishing prima facie evidence of the fact that a person being tried for a crime or public offense under the laws...
  • California Penal Code Section 969e
    In charging the fact of a previous conviction for a violation of Section 5652 of the Fish and Game Code, or of Section 13001 or...
  • California Penal Code Section 969f
    (a) Whenever a defendant has committed a serious felony as defined in subdivision (c) of Section 1192.7, the facts that make the crime constitute a...
  • California Penal Code Section 969.5
    (a) Whenever it shall be discovered that a pending complaint to which a plea of guilty has been made under Section 859a does not charge...
  • California Penal Code Section 970
    When several defendants are named in one accusatory pleading, any one or more may be convicted or acquitted.
  • California Penal Code Section 971
    The distinction between an accessory before the fact and a principal, and between principals in the first and second degree is abrogated; and all persons...
  • California Penal Code Section 972
    An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though...
  • California Penal Code Section 973
    If the accusatory pleading in any criminal action has heretofore been lost or destroyed or shall hereafter be lost or destroyed, the court must, upon...
  • California Penal Code Section 976
    (a) When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed, unless the action is...
  • California Penal Code Section 977
    (a) (1) In all cases in which the accused is charged with a misdemeanor only, he or she may appear by counsel only, except as...
  • California Penal Code Section 977.1
    The resolution of questions of fact or issues of law by trial or hearing which can be made without the assistance or participation of the...
  • California Penal Code Section 977.2
    (a) Notwithstanding Section 977 or any other law, in any case in which the defendant is charged with a misdemeanor or a felony and is...
  • California Penal Code Section 978
    When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring...
  • California Penal Code Section 978.5
    (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited...
  • California Penal Code Section 979
    If the defendant has been discharged on bail or has deposited money or other property instead thereof, and does not appear to be arraigned when...
  • California Penal Code Section 980
    (a) At any time after the order for a bench warrant is made, whether the court is sitting or not, the clerk may issue a...
  • California Penal Code Section 981
    The bench warrant must be substantially in the following form: County of ____. The People of the State of California to any Sheriff, Marshal, or...
  • California Penal Code Section 982
    The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which...
  • California Penal Code Section 983
    The bench warrant may be served in any county in the same manner as a warrant of arrest.
  • California Penal Code Section 984
    If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in...
  • California Penal Code Section 985
    When the information or indictment is for a felony, and the defendant, before the filing thereof, has given bail for his appearance to answer the...
  • California Penal Code Section 986
    If the defendant is present when the order is made, he must be forthwith committed. If he is not present, a bench warrant must be...
  • California Penal Code Section 987
    (a) In a noncapital case, if the defendant appears for arraignment without counsel, he or she shall be informed by the court that it is...
  • California Penal Code Section 987.05
    In assigning defense counsel in felony cases, whether it is the public defender or private counsel, the court shall only assign counsel who represents, on...
  • California Penal Code Section 987.1
    Counsel at the preliminary examination shall continue to represent a defendant who has been ordered to stand trial for a felony until the date set...
  • California Penal Code Section 987.2
    (a) In any case in which a person, including a person who is a minor, desires but is unable to employ counsel, and in which...
  • California Penal Code Section 987.3
    Whenever in this code a court-appointed attorney is entitled to reasonable compensation and necessary expenses, the judge of the court shall consider the following factors,...
  • California Penal Code Section 987.4
    When the public defender or an assigned counsel represents a person who is a minor in a criminal proceeding, at the expense of a county,...
  • California Penal Code Section 987.5
    (a) Every defendant shall be assessed a registration fee not to exceed fifty dollars ($50) when represented by appointed counsel. Notwithstanding this subdivision, no fee...
  • California Penal Code Section 987.6
    (a) From any state moneys made available to it for such purpose, the Department of Finance shall, pursuant to this section, pay to the counties...
  • California Penal Code Section 987.8
    (a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a...
  • California Penal Code Section 987.81
    (a) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon...
  • California Penal Code Section 987.9
    (a) In the trial of a capital case or a case under subdivision (a) of Section 190.05, the indigent defendant, through the defendant's counsel, may...
  • California Penal Code Section 988
    The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading...
  • California Penal Code Section 989
    When the defendant is arraigned, he must be informed that if the name by which he is prosecuted is not his true name, he must...
  • California Penal Code Section 990
    If on the arraignment, the defendant requires it, the defendant must be allowed a reasonable time to answer, which shall be not less than one...
  • California Penal Code Section 991
    (a) If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor...
  • California Penal Code Section 992
    (a) (1) In any case in which the defendant is charged with a felony, the court shall require the defendant to provide a right thumbprint...
  • California Penal Code Section 995
    (a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned,...
  • California Penal Code Section 995a
    (a) If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the...
  • California Penal Code Section 996
    If the motion to set aside the indictment or information is not made, the defendant is precluded from afterwards taking the objections mentioned in Section
  • California Penal Code Section 997
    The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. The court may...
  • California Penal Code Section 998
    If the court directs the case to be resubmitted, or an information to be filed, the defendant, if already in custody, shall remain, unless he...
  • California Penal Code Section 999
    An order to set aside an indictment or information, as provided in this chapter, is no bar to a future prosecution for the same offense.
  • California Penal Code Section 999a
    A petition for a writ of prohibition, predicated upon the ground that the indictment was found without reasonable or probable cause or that the defendant...
  • California Penal Code Section 999b
    The Legislature hereby finds a substantial and disproportionate amount of serious crime is committed against the people of California by a relatively small number of...
  • California Penal Code Section 999c
    (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys' offices, designated the California...
  • California Penal Code Section 999d
    Career criminal prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in...
  • California Penal Code Section 999e
    (a) An individual who is under arrest for the commission or attempted commission of one or more of the felonies listed in paragraph (1) and...
  • California Penal Code Section 999f
    (a) Each district attorney's office establishing a career criminal prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies...
  • California Penal Code Section 999g
    The selection criteria set forth in Section 999e shall be adhered to for each career criminal case unless, in the reasonable exercise of prosecutor's discretion,...
  • California Penal Code Section 999h
    The characterization of a defendant as a "career criminal" as defined by this chapter may not be communicated to the trier of fact.
  • California Penal Code Section 999i
    The Legislature hereby finds that repeat sexual offenders present a clear and present danger to the mental and physical well-being of the citizens of the...
  • California Penal Code Section 999j
    (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys' offices, designated the Repeat...
  • California Penal Code Section 999k
    Repeat sexual offender prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth...
  • California Penal Code Section 999l
    (a) An individual shall be the subject of a repeat sexual offender prosecution effort who is under arrest for the commission or attempted commission of...
  • California Penal Code Section 999m
    Each district attorney's office establishing a repeat sexual offender prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies...
  • California Penal Code Section 999n
    (a) The selection criteria set forth in Section 999l shall be adhered to for each repeat sexual offender case unless, in the reasonable exercise of...
  • California Penal Code Section 999o
    The characterization of a defendant as a "repeat sexual offender" as defined by this chapter shall not be communicated to the trier of fact.
  • California Penal Code Section 999p
    The Office of Emergency Services is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter.
  • California Penal Code Section 999q
    The Legislature hereby finds that child abusers present a clear and present danger to the mental health and physical well-being of the citizens of the...
  • California Penal Code Section 999r
    (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys' offices, designated the Child...
  • California Penal Code Section 999s
    Child abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in...
  • California Penal Code Section 999t
    (a) An individual may be the subject of a child abuser prosecution effort who is under arrest for the sexual assault of a child, as...
  • California Penal Code Section 999u
    Each district attorney's office establishing a child abuser prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies for...
  • California Penal Code Section 999v
    (a) The selection criteria set forth in Section 999t shall be adhered to for each child abuser case unless, in the reasonable exercise of prosecutor's...
  • California Penal Code Section 999w
    The characterization of a defendant as a "child abuser" as defined by this chapter shall not be communicated to the trier of fact.
  • California Penal Code Section 999x
    The Office of Emergency Services is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter.
  • California Penal Code Section 999y
    The Office of Emergency Services shall report annually to the Legislature concerning the program established by this chapter. The office shall prepare and submit to...
  • California Penal Code Section 1000
    (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, 11365,...
  • California Penal Code Section 1000.1
    (a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or...
  • California Penal Code Section 1000.2
    The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings...
  • California Penal Code Section 1000.3
    If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that...
  • California Penal Code Section 1000.4
    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases deferred pursuant to this chapter. Upon successful completion of...
  • California Penal Code Section 1000.5
    (a) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender,...
  • California Penal Code Section 1000.6
    (a) Where a person is participating in a deferred entry of judgment program or a preguilty plea program pursuant to this chapter, the person may...
  • California Penal Code Section 1000.8
    A superior court, with the concurrence of the prosecuting attorney of the county, may create a "Back on Track" deferred entry of judgment reentry program...
  • California Penal Code Section 1000.9
    The prosecuting attorney shall determine whether a defendant is eligible for participation in the deferred entry of judgment reentry program. (a) If the prosecuting attorney...
  • California Penal Code Section 1000.10
    The following provisions apply to this chapter: (a) A defendant's plea of guilty shall not constitute a conviction for any purpose unless a judgment of...
  • California Penal Code Section 1000.12
    (a) It is the intent of the Legislature that nothing in this chapter deprive a prosecuting attorney of the ability to prosecute any person who...
  • California Penal Code Section 1000.17
    If the person is referred pursuant to this chapter he or she shall be responsible for paying the administrative cost of the referral and the...
  • California Penal Code Section 1001
    It is the intent of the Legislature that neither this chapter, Chapter 2.5 (commencing with Section 1000) of this title, nor any other provision of...
  • California Penal Code Section 1001.1
    As used in Sections 1001.2 to 1001.11, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as...
  • California Penal Code Section 1001.2
    (a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons convicted...
  • California Penal Code Section 1001.3
    At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program.
  • California Penal Code Section 1001.4
    A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause.
  • California Penal Code Section 1001.5
    No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement,...
  • California Penal Code Section 1001.6
    At such time that a defendant's case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf...
  • California Penal Code Section 1001.7
    If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion.
  • California Penal Code Section 1001.8
    Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
  • California Penal Code Section 1001.9
    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of...
  • California Penal Code Section 1001.10
    (a) The judge shall require any person described in subdivision (b), as a condition of either placing the person on probation or of permitting the...
  • California Penal Code Section 1001.11
    (a) The health department in each county shall select an agency, or agencies, in the county that shall provide AIDS prevention education to those persons...
  • California Penal Code Section 1001.15
    (a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as...
  • California Penal Code Section 1001.16
    (a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as...
  • California Penal Code Section 1001.20
    As used in this chapter: (a) "Cognitive Developmental Disability" means any of the following: (1) "Intellectual disability" means a condition of significantly subaverage general intellectual...
  • California Penal Code Section 1001.21
    (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any...
  • California Penal Code Section 1001.22
    The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a defendant...
  • California Penal Code Section 1001.23
    (a) Upon the court's receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center...
  • California Penal Code Section 1001.24
    No statement, or information procured therefrom, made by the defendant to any probation officer, the prosecutor, or any regional center designee during the course of...
  • California Penal Code Section 1001.25
    No statement, or information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to a probation officer,...
  • California Penal Code Section 1001.26
    In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor the statements or...
  • California Penal Code Section 1001.27
    At such time as the defendant's case is diverted, any bail, bond, or undertaking, or deposit in lieu thereof, on file or on behalf of...
  • California Penal Code Section 1001.28
    The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall...
  • California Penal Code Section 1001.29
    If it appears that the divertee is not meeting the terms and conditions of his or her diversion program, the court may hold a hearing...
  • California Penal Code Section 1001.30
    At any time during which the defendant is participating in a diversion program, he or she may withdraw consent to further participate in the diversion...
  • California Penal Code Section 1001.31
    If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the diversion period.
  • California Penal Code Section 1001.32
    Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
  • California Penal Code Section 1001.33
    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of...
  • California Penal Code Section 1001.34
    Notwithstanding any other provision of law, the diversion-related individual program plan shall be fully implemented by the regional centers upon court order and approval of...
  • California Penal Code Section 1001.40
    Notwithstanding any other provision of law, a county acting on behalf of one or more individual courts may by ordinance establish a program that provides...
  • California Penal Code Section 1001.50
    (a) Notwithstanding any other provision of law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of...
  • California Penal Code Section 1001.51
    (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading concerning the commission of a misdemeanor, except a misdemeanor...
  • California Penal Code Section 1001.52
    (a) If the defendant consents and waives his right to a speedy trial, the case shall be referred to the probation department. The probation department...
  • California Penal Code Section 1001.53
    The court shall hold a hearing and, after consideration of the probation department's report, and any other relevant information, shall determine if the defendant consents...
  • California Penal Code Section 1001.54
    If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from...
  • California Penal Code Section 1001.55
    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of...
  • California Penal Code Section 1001.60
    Upon the adoption of a resolution by the board of supervisors declaring that there are sufficient funds available to fund the program, the district attorney...
  • California Penal Code Section 1001.61
    The district attorney may refer a bad check case to the diversion program. Except as provided in Section 1001.64, this chapter does not limit the...
  • California Penal Code Section 1001.62
    On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the...
  • California Penal Code Section 1001.63
    On referral of a bad check case to the diversion program, a notice shall be forwarded by mail to the person alleged to have written...
  • California Penal Code Section 1001.64
    The district attorney may enter into a written agreement with the person to forego prosecution on the bad check for a period to be determined...
  • California Penal Code Section 1001.65
    (a) A district attorney may collect a processing fee if his or her office collects and processes a bad check. The amount of the fee...
  • California Penal Code Section 1001.66
    At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.
  • California Penal Code Section 1001.67
    No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement,...
  • California Penal Code Section 1001.70
    (a) Every local prosecutor with jurisdiction to prosecute violations of Section 272 shall review annually any diversion program established pursuant to this chapter, and no...
  • California Penal Code Section 1001.71
    This chapter shall apply whenever a case is before any court upon an accusatory pleading alleging a parent or legal guardian to have violated Section...
  • California Penal Code Section 1001.72
    (a) If the defendant consents and waives his or her right to a speedy trial, the case shall be referred to the probation department. The...
  • California Penal Code Section 1001.73
    The court shall hold a hearing and, after consideration of the probation department's report, and any other relevant information, shall determine if the defendant consents...
  • California Penal Code Section 1001.74
    If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from...
  • California Penal Code Section 1001.75
    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of...
  • California Penal Code Section 1001.90
    (a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose...
  • California Penal Code Section 1002
    The only pleading on the part of the defendant is either a demurrer or a plea.
  • California Penal Code Section 1003
    Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as...
  • California Penal Code Section 1004
    The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof...
  • California Penal Code Section 1005
    The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to...
  • California Penal Code Section 1006
    Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant...
  • California Penal Code Section 1007
    Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled,...
  • California Penal Code Section 1008
    If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made...
  • California Penal Code Section 1009
    An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave...
  • California Penal Code Section 1010
    When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect...
  • California Penal Code Section 1012
    When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and...
  • California Penal Code Section 1016
    There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction: 1. Guilty. 2. Not...
  • California Penal Code Section 1016.5
    (a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated...
  • California Penal Code Section 1017
    Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and...
  • California Penal Code Section 1018
    Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty...
  • California Penal Code Section 1019
    The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to...
  • California Penal Code Section 1020
    All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be...
  • California Penal Code Section 1021
    If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon...
  • California Penal Code Section 1022
    Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory...
  • California Penal Code Section 1023
    When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a...
  • California Penal Code Section 1024
    If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.
  • California Penal Code Section 1025
    (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the...
  • California Penal Code Section 1026
    (a) When a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be...
  • California Penal Code Section 1026.1
    A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or...
  • California Penal Code Section 1026.2
    (a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section...
  • California Penal Code Section 1026.3
    A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2...
  • California Penal Code Section 1026.4
    (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes...
  • California Penal Code Section 1026.5
    (a) (1) In the case of any person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient...
  • California Penal Code Section 1026.6
    Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status,...
  • California Penal Code Section 1027
    (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists,...
  • California Penal Code Section 1029
    When an indictment is found or an information filed in the superior court against a judge thereof, a certificate of that fact must be transmitted...
  • California Penal Code Section 1033
    In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another...
  • California Penal Code Section 1033.1
    In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033,...
  • California Penal Code Section 1035
    A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is pending...
  • California Penal Code Section 1036
    (a) Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to...
  • California Penal Code Section 1036.5
    Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for...
  • California Penal Code Section 1036.7
    When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent...
  • California Penal Code Section 1037
    (a) When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that...
  • California Penal Code Section 1037.1
    (a) Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule...
  • California Penal Code Section 1037.2
    (a) Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section...
  • California Penal Code Section 1038
    The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions.
  • California Penal Code Section 1041
    An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same...
  • California Penal Code Section 1042
    Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
  • California Penal Code Section 1042.5
    Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for...
  • California Penal Code Section 1043
    (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial. (b) The absence of...
  • California Penal Code Section 1043.5
    (a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present. (b) The absence of the defendant in...
  • California Penal Code Section 1044
    It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument...
  • California Penal Code Section 1045
    In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a...
  • California Penal Code Section 1046
    Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
  • California Penal Code Section 1048
    (a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be...
  • California Penal Code Section 1048.1
    In scheduling a trial date at an arraignment in superior court involving murder, as defined in subdivision (a) of Section 187, an alleged sexual assault...
  • California Penal Code Section 1049
    After his plea, the defendant is entitled to at least five days to prepare for trial.
  • California Penal Code Section 1049.5
    In felony cases, the court shall set a date for trial which is within 60 days of the defendant's arraignment in the superior court unless,...
  • California Penal Code Section 1050
    (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard...
  • California Penal Code Section 1050.1
    In any case in which two or more defendants are jointly charged in the same complaint, indictment, or information, and the court or magistrate, for...
  • California Penal Code Section 1050.5
    (a) When, pursuant to subdivision (c) of Section 1050, the court imposes sanctions for failure to comply with the provisions of subdivision (b) of Section...
  • California Penal Code Section 1051
    Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that...
  • California Penal Code Section 1053
    If after the commencement of the trial of a criminal action or proceeding in any court the judge or justice presiding at the trial shall...
  • California Penal Code Section 1054
    This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring...
  • California Penal Code Section 1054.1
    The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the...
  • California Penal Code Section 1054.2
    (a) (1) Except as provided in paragraph (2), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant's family,...
  • California Penal Code Section 1054.3
    (a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant,...
  • California Penal Code Section 1054.4
    Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted by law...
  • California Penal Code Section 1054.5
    (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by...
  • California Penal Code Section 1054.6
    Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of...
  • California Penal Code Section 1054.7
    The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure...
  • California Penal Code Section 1054.8
    (a) No prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant shall interview, question, or speak to a victim...
  • California Penal Code Section 1054.9
    (a) Upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment in a case in which a sentence...
  • California Penal Code Section 1054.10
    (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant's family, or...
  • California Penal Code Section 1065
    If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the Court must discharge the jury so...
  • California Penal Code Section 1083
    Section Ten Hundred and Eighty-three. The Court must allow or disallow the challenge, and its decision must be entered in the minutes of the Court.
  • California Penal Code Section 1089
    Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information...
  • California Penal Code Section 1093
    The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court: (a) If...
  • California Penal Code Section 1093.5
    In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made...
  • California Penal Code Section 1094
    When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the...
  • California Penal Code Section 1095
    If the offense charged is punishable with death, two counsel on each side may argue the cause. In any other case the court may, in...
  • California Penal Code Section 1096
    A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his...
  • California Penal Code Section 1096a
    In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence...
  • California Penal Code Section 1097
    When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt...
  • California Penal Code Section 1098
    When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order...
  • California Penal Code Section 1099
    When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their...
  • California Penal Code Section 1100
    When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant...
  • California Penal Code Section 1101
    The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same
  • California Penal Code Section 1102
    The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code.
  • California Penal Code Section 1102.6
    The right of a victim of crime to be present during any criminal proceeding shall be secured as follows: (a) Notwithstanding any other law, and...
  • California Penal Code Section 1108
    Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried...
  • California Penal Code Section 1111
    A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect...
  • California Penal Code Section 1111.5
    (a) A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated...
  • California Penal Code Section 1112
    Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting witness,...
  • California Penal Code Section 1113
    The Court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged...
  • California Penal Code Section 1114
    If the jury be discharged because the Court has not jurisdiction of the offense charged, and it appear that it was committed out of the...
  • California Penal Code Section 1115
    If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for...
  • California Penal Code Section 1116
    If the defendant is not arrested on a warrant from the proper county, as provided in section 1115, he must be discharged from custody, or...
  • California Penal Code Section 1117
    If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant,...
  • California Penal Code Section 1118
    In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its...
  • California Penal Code Section 1118.1
    In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence...
  • California Penal Code Section 1118.2
    A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118.1 shall not be appealable and is a bar to any other...
  • California Penal Code Section 1119
    When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have...
  • California Penal Code Section 1120
    If a juror has any personal knowledge respecting a fact in controversy in a cause, he or she must declare the same in open court...
  • California Penal Code Section 1121
    The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a...
  • California Penal Code Section 1122
    (a) After the jury has been sworn and before the people's opening address, the court shall instruct the jury generally concerning its basic functions, duties,...
  • California Penal Code Section 1122.5
    (a) The court, in its discretion, may, at each adjournment of the court before the submission of the cause to the jury, admonish the jury,...
  • California Penal Code Section 1124
    The Court must decide all questions of law which arise in the course of a trial.
  • California Penal Code Section 1126
    In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. Although the...
  • California Penal Code Section 1127
    All instructions given shall be in writing, unless there is a phonographic reporter present and he takes them down, in which case they may be...
  • California Penal Code Section 1127a
    (a) As used in this section, an "in-custody informant" means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose testimony is based...
  • California Penal Code Section 1127b
    When, in any criminal trial or proceeding, the opinion of any expert witness is received in evidence, the court shall instruct the jury substantially as...
  • California Penal Code Section 1127c
    In any criminal trial or proceeding where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct...
  • California Penal Code Section 1127d
    (a) In any criminal prosecution for the crime of rape, or for violation of Section 261.5, or for an attempt to commit, or assault with...
  • California Penal Code Section 1127e
    The term "unchaste character" shall not be used by any court in any criminal case in which the defendant is charged with a violation of...
  • California Penal Code Section 1127f
    In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a...
  • California Penal Code Section 1127g
    In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a witness, upon...
  • California Penal Code Section 1127h
    In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows: "Do not let bias,...
  • California Penal Code Section 1128
    After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation,...
  • California Penal Code Section 1129
    When a defendant who has given bail appears for trial, the Court may, in its discretion, at any time after his appearance for trial, order...
  • California Penal Code Section 1130
    If the prosecuting attorney fails to attend at the trial of a felony, the court must appoint an attorney at law to perform the duties...
  • California Penal Code Section 1137
    Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, or copies...
  • California Penal Code Section 1138
    After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed...
  • California Penal Code Section 1138.5
    Except for good cause shown, the judge in his of her discretion need not be present in the court while testimony previously received in evidence...
  • California Penal Code Section 1140
    Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and...
  • California Penal Code Section 1141
    In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the...
  • California Penal Code Section 1142
    While the jury are absent the Court may adjourn from time to time, as to other business, but it must nevertheless be open for every...
  • California Penal Code Section 1147
    When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then...
  • California Penal Code Section 1148
    If charged with a felony the defendant must, before the verdict is received, appear in person, unless, after the exercise of reasonable diligence to procure...
  • California Penal Code Section 1149
    When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers...
  • California Penal Code Section 1150
    The jury must render a general verdict, except that in a felony case, when they are in doubt as to the legal effect of the...
  • California Penal Code Section 1151
    A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged...
  • California Penal Code Section 1152
    A special verdict is that by which the jury find the facts only, leaving the judgment to the Court. It must present the conclusions of...
  • California Penal Code Section 1153
    The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the Court, read to the...
  • California Penal Code Section 1154
    The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury.
  • California Penal Code Section 1155
    The court must give judgment upon the special verdict as follows: 1. If the plea is not guilty, and the facts prove the defendant guilty...
  • California Penal Code Section 1156
    If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or...
  • California Penal Code Section 1157
    Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if...
  • California Penal Code Section 1158
    Whenever the fact of a previous conviction of another offense is charged in an accusatory pleading, and the defendant is found guilty of the offense...
  • California Penal Code Section 1158a
    (a) Whenever the fact that a defendant was armed with a weapon either at the time of his commission of the offense or at the...
  • California Penal Code Section 1159
    The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily...
  • California Penal Code Section 1160
    On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict...
  • California Penal Code Section 1161
    When there is a verdict of conviction, in which it appears to the Court that the jury have mistaken the law, the Court may explain...
  • California Penal Code Section 1162
    If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor...
  • California Penal Code Section 1163
    When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they...
  • California Penal Code Section 1164
    (a) When the verdict given is receivable by the court, the clerk shall record it in full upon the minutes, and if requested by any...
  • California Penal Code Section 1165
    Where a general verdict is rendered or a finding by the court is made in favor of the defendant, except on a plea of not...
  • California Penal Code Section 1166
    If a general verdict is rendered against the defendant, or a special verdict is given, he or she must be remanded, if in custody, or...
  • California Penal Code Section 1167
    When a jury trial is waived, the judge or justice before whom the trial is had shall, at the conclusion thereof, announce his findings upon...
  • California Penal Code Section 1168
    (a) Every person who commits a public offense, for which any specification of three time periods of imprisonment in any state prison or imprisonment pursuant...
  • California Penal Code Section 1170
    (a) (1) The Legislature finds and declares that the purpose of imprisonment for crime is punishment. This purpose is best served by terms proportionate to...
  • California Penal Code Section 1170.05
    (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as...
  • California Penal Code Section 1170.1
    (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the...
  • California Penal Code Section 1170.11
    As used in Section 1170.1, the term "specific enhancement" means an enhancement that relates to the circumstances of the crime. It includes, but is not...
  • California Penal Code Section 1170.12
    Aggregate and consecutive terms for multiple convictions; Prior conviction as prior felony; Commitment and other enhancements or punishment. (a) Notwithstanding any other provision of law,...
  • California Penal Code Section 1170.125
    Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012,...
  • California Penal Code Section 1170.126
    (a) The resentencing provisions under this section and related statutes are intended to apply exclusively to persons presently serving an indeterminate term of imprisonment pursuant...
  • California Penal Code Section 1170.13
    Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term...
  • California Penal Code Section 1170.15
    Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term...
  • California Penal Code Section 1170.16
    In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of...
  • California Penal Code Section 1170.17
    (a) When a person is prosecuted for a criminal offense committed while he or she was under the age of 18 years and the prosecution...
  • California Penal Code Section 1170.19
    (a) Notwithstanding any other provision of law, the following shall apply to a person sentenced pursuant to Section 1170.17. (1) The person may be committed...
  • California Penal Code Section 1170.2
    (a) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if...
  • California Penal Code Section 1170.3
    The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by: (a) The adoption of rules providing criteria for the consideration of...
  • California Penal Code Section 1170.4
    The Judicial Council shall collect and analyze relevant information relating to sentencing practices in this state and other jurisdictions. Such information shall be taken into...
  • California Penal Code Section 1170.45
    The Judicial Council shall collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the...
  • California Penal Code Section 1170.5
    The Judicial Council shall conduct annual sentencing institutes for trial court judges pursuant to Section 68551 of the Government Code, toward the end of assisting...
  • California Penal Code Section 1170.7
    Robbery or attempted robbery for the purpose of obtaining any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and...
  • California Penal Code Section 1170.71
    The fact that a person who commits a violation of Section 288 has used obscene or harmful matter to induce, persuade, or encourage the minor...
  • California Penal Code Section 1170.72
    Upon conviction of a violation of Section 11353, 11353.5, 11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a finding of truth...
  • California Penal Code Section 1170.73
    Upon conviction of a felony violation of Section 11377, 11378, or 11378.5 of the Health and Safety Code, the court shall consider the quantity of...
  • California Penal Code Section 1170.74
    Upon conviction of a felony violation of Section 11377, 11378, 11379, or 11379.6 of the Health and Safety Code, for an offense involving methamphetamine, the...
  • California Penal Code Section 1170.76
    The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member...
  • California Penal Code Section 1170.78
    Upon a conviction of a violation of Section 451, the fact that the person committed the offense in retaliation against the owner or occupant of...
  • California Penal Code Section 1170.8
    (a) The fact that a robbery or an assault with a deadly weapon or instrument or by means of any force likely to produce great...
  • California Penal Code Section 1170.81
    The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section...
  • California Penal Code Section 1170.82
    Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who...
  • California Penal Code Section 1170.84
    Upon conviction of any serious felony, listed in subdivision (c) of Section 1192.7, it shall be considered a circumstance in aggravation of the crime in...
  • California Penal Code Section 1170.85
    (a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term...
  • California Penal Code Section 1170.86
    Upon conviction of a felony violation of Section 220, 261, 261.5, 264.1, or 266j the fact that the felony was committed within a safe school...
  • California Penal Code Section 1170.89
    Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm,...
  • California Penal Code Section 1170.9
    (a) In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who...
  • California Penal Code Section 1174
    This chapter shall be known as the Pregnant and Parenting Women's Alternative Sentencing Program Act.
  • California Penal Code Section 1174.1
    For purposes of this chapter, the following definitions shall apply: (a) "Agency" means the private agency selected by the department to operate this program. (b)...
  • California Penal Code Section 1174.2
    (a) Notwithstanding any other law, the unencumbered balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall revert to the unappropriated...
  • California Penal Code Section 1174.3
    (a) The department shall ensure that the facility designs provide adequate space to carry out this chapter, including the capability for nonsecure housing, programming, child...
  • California Penal Code Section 1174.4
    (a) Persons eligible for participation in this alternative sentencing program shall meet all of the following criteria: (1) Pregnant women with an established history of...
  • California Penal Code Section 1174.5
    The department shall be responsible for the funding and monitoring of the progress, activities, and performance of each program.
  • California Penal Code Section 1174.8
    (a) The department shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of...
  • California Penal Code Section 1174.9
    A program facility administered by the Department of Corrections pursuant to this chapter is exempt from the requirements and provisions of Chapter 3.4 (commencing with...
  • California Penal Code Section 1176
    When written instructions have been presented, and given, modified, or refused, or when the charge of the court has been taken down by the reporter,...
  • California Penal Code Section 1179
    A new trial is a reexamination of the issue in the same Court, before another jury, after a verdict has been given.
  • California Penal Code Section 1180
    The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be...
  • California Penal Code Section 1181
    When a verdict has been rendered or a finding made against the defendant, the court may, upon his application, grant a new trial, in the...
  • California Penal Code Section 1182
    The application for a new trial must be made and determined before judgment, the making of an order granting probation, the commitment of a defendant...
  • California Penal Code Section 1185
    A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea, finding, or...
  • California Penal Code Section 1186
    The court may, on its own motion, at any time before judgment is pronounced, arrest the judgment for any of the defects in the accusatory...
  • California Penal Code Section 1187
    The effect of an order arresting judgment, in a felony case, is to place the defendant in the same situation in which the defendant was...
  • California Penal Code Section 1188
    If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon...
  • California Penal Code Section 1191
    In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of...
  • California Penal Code Section 1191.1
    The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of...
  • California Penal Code Section 1191.10
    The definition of the term "victim" as used in Section 1191.1 includes any insurer or employer who was the victim of workers' compensation fraud for...
  • California Penal Code Section 1191.15
    (a) The court may permit the victim of any crime, or his or her parent or guardian if the victim is a minor, or the...
  • California Penal Code Section 1191.16
    The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of...
  • California Penal Code Section 1191.2
    In providing notice to the victim pursuant to Section 1191.1, the probation officer shall also provide the victim with information concerning the victim's right to...
  • California Penal Code Section 1191.21
    (a) (1) The Office of Emergency Services shall develop and make available a "notification of eligibility" card for victims and derivative victims of crimes as...
  • California Penal Code Section 1191.25
    The prosecution shall make a good faith attempt to notify any victim of a crime which was committed by, or is alleged to have been...
  • California Penal Code Section 1191.3
    (a) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the court shall make an oral statement that statutory law...
  • California Penal Code Section 1192
    Upon a plea of guilty, or upon conviction by the court without a jury, of a crime or attempted crime distinguished or divided into degrees,...
  • California Penal Code Section 1192.1
    Upon a plea of guilty to an information or indictment accusing the defendant of a crime or attempted crime divided into degrees when consented to...
  • California Penal Code Section 1192.2
    Upon a plea of guilty before a committing magistrate as provided in Section 859a, to a crime or attempted crime divided into degrees, when consented...
  • California Penal Code Section 1192.3
    (a) A plea of guilty or nolo contendere to an accusatory pleading charging a public offense, other than a felony specified in Section 1192.5 or...
  • California Penal Code Section 1192.4
    If the defendant's plea of guilty pursuant to Section 1192.1 or 1192.2 is not accepted by the prosecuting attorney and approved by the court, the...
  • California Penal Code Section 1192.5
    Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6)...
  • California Penal Code Section 1192.6
    (a) In each felony case in which the charges contained in the original accusatory pleading are amended or dismissed, the record shall contain a statement...
  • California Penal Code Section 1192.7
    (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a "one strike,"...
  • California Penal Code Section 1192.8
    (a) For purposes of subdivision (c) of Section 1192.7, "serious felony" also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section...
  • California Penal Code Section 1193
    Judgment upon persons convicted of commission of crime shall be pronounced as follows: (a) If the conviction is for a felony, the defendant shall be...
  • California Penal Code Section 1194
    When the defendant is in custody, the Court may direct the officer in whose custody he is to bring him before it for judgment, and...
  • California Penal Code Section 1195
    If the defendant has been released on bail, or has deposited money or property instead thereof, and does not appear for judgment when his personal...
  • California Penal Code Section 1196
    (a) The clerk must, at any time after the order, issue a bench warrant into one or more counties. (b) The clerk shall require the...
  • California Penal Code Section 1197
    The bench warrant must be substantially in the following form: County of ____ The people of the State of California to any peace officer in...
  • California Penal Code Section 1198
    The bench warrant may be served in any county in the same manner as a warrant of arrest.
  • California Penal Code Section 1199
    Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and...
  • California Penal Code Section 1200
    When the defendant appears for judgment he must be informed by the Court, or by the Clerk, under its direction, of the nature of the...
  • California Penal Code Section 1201
    He or she may show, for cause against the judgment: (a) That he or she is insane; and if, in the opinion of the court,...
  • California Penal Code Section 1201.3
    (a) Upon the conviction of a defendant for a sexual offense involving a minor victim or, in the case of a minor appearing in juvenile...
  • California Penal Code Section 1201.5
    Any motions made subsequent to judgment must be made only upon written notice served upon the prosecution at least three days prior to the date...
  • California Penal Code Section 1202
    If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in Section 1191, why judgment...
  • California Penal Code Section 1202a
    If the judgment is for imprisonment in the state prison the judgment shall direct that the defendant be delivered into the custody of the Director...
  • California Penal Code Section 1202.05
    (a) Whenever a person is sentenced to the state prison on or after January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 288,...
  • California Penal Code Section 1202.1
    (a) Notwithstanding Sections 120975 and 120990 of the Health and Safety Code, the court shall order every person who is convicted of, or adjudged by...
  • California Penal Code Section 1202.4
    (a) (1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission...
  • California Penal Code Section 1202.41
    (a) (1) Notwithstanding Section 977 or any other law, if a defendant is currently incarcerated in a state prison with two-way audiovideo communication capability, the...
  • California Penal Code Section 1202.42
    Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph...
  • California Penal Code Section 1202.43
    (a) The restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, subparagraph...
  • California Penal Code Section 1202.44
    In every case in which a person is convicted of a crime and a conditional sentence or a sentence that includes a period of probation...
  • California Penal Code Section 1202.45
    (a) In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall,...
  • California Penal Code Section 1202.46
    Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to subdivision (f) of Section 1202.4,...
  • California Penal Code Section 1202.5
    (a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision...
  • California Penal Code Section 1202.51
    In any case in which a defendant is convicted of any of the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or 374.8, the...
  • California Penal Code Section 1202.6
    (a) Notwithstanding Sections 120975, 120980, and 120990 of the Health and Safety Code, upon the first conviction of any person for a violation of subdivision...
  • California Penal Code Section 1202.7
    The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. The safety of the...
  • California Penal Code Section 1202.8
    (a) Persons placed on probation by a court shall be under the supervision of the county probation officer who shall determine both the level and...
  • California Penal Code Section 1203
    (a) As used in this code, "probation" means the suspension of the imposition or execution of a sentence and the order of conditional and revocable...
  • California Penal Code Section 1203.01
    (a) Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court...
  • California Penal Code Section 1203.016
    (a) Notwithstanding any other provision of law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (h), to...
  • California Penal Code Section 1203.017
    (a) Notwithstanding any other provision of law, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced...
  • California Penal Code Section 1203.018
    (a) Notwithstanding any other law, this section shall only apply to inmates being held in lieu of bail and on no other basis. (b) Notwithstanding...
  • California Penal Code Section 1203.02
    The court, or judge thereof, in granting probation to a defendant convicted of any of the offenses enumerated in Section 290 of this code shall...
  • California Penal Code Section 1203.03
    (a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes...
  • California Penal Code Section 1203.045
    (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 1203.046
    (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 1203.047
    A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of...
  • California Penal Code Section 1203.048
    (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 1203.049
    (a) Except in unusual cases where the interest of justice would best be served if the person is granted probation, probation shall not be granted...
  • California Penal Code Section 1203.05
    Any report of the probation officer filed with the court, including any report arising out of a previous arrest of the person who is the...
  • California Penal Code Section 1203.055
    (a) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in...
  • California Penal Code Section 1203.06
    (a) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor...
  • California Penal Code Section 1203.065
    (a) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any...
  • California Penal Code Section 1203.066
    (a) Notwithstanding Section 1203 or any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for,...
  • California Penal Code Section 1203.067
    (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288,...
  • California Penal Code Section 1203.07
    (a) Notwithstanding Section 1203, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following...
  • California Penal Code Section 1203.073
    (a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice...
  • California Penal Code Section 1203.074
    (a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice...
  • California Penal Code Section 1203.075
    (a) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor...
  • California Penal Code Section 1203.076
    Any person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section...
  • California Penal Code Section 1203.08
    (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any adult person...
  • California Penal Code Section 1203.085
    (a) Any person convicted of an offense punishable by imprisonment in the state prison but without an alternate sentence to a county jail shall not...
  • California Penal Code Section 1203.09
    (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who...
  • California Penal Code Section 1203.095
    (a) Except as provided in subdivision (b), but notwithstanding any other provision of law, if any person convicted of a violation of paragraph (2) of...
  • California Penal Code Section 1203.096
    (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth...
  • California Penal Code Section 1203.097
    (a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code,...
  • California Penal Code Section 1203.098
    (a) Unless otherwise provided, a person who works as a facilitator in a batterers' intervention program that provides programs for batterers pursuant to subdivision (c)...
  • California Penal Code Section 1203.1
    (a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that...
  • California Penal Code Section 1203.1a
    The probation officer of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail,...
  • California Penal Code Section 1203.1b
    (a) In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report,...
  • California Penal Code Section 1203.1c
    (a) In any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a county...
  • California Penal Code Section 1203.1d
    (a) In determining the amount and manner of disbursement under an order made pursuant to this code requiring a defendant to make reparation or restitution...
  • California Penal Code Section 1203.1e
    (a) In any case in which a defendant is ordered to serve a period of confinement in a county jail or other local detention facility,...
  • California Penal Code Section 1203.1f
    If practicable, the court shall consolidate the ability to pay determination hearings authorized by this code into one proceeding, and the determination of ability to...
  • California Penal Code Section 1203.1g
    In any case in which a defendant is convicted of sexual assault on a minor, and the defendant is eligible for probation, the court, as...
  • California Penal Code Section 1203.1h
    (a) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child...
  • California Penal Code Section 1203.1i
    (a) In any case in which a defendant is convicted of a violation of any building standards adopted by a local entity by ordinance or...
  • California Penal Code Section 1203.1j
    In any case in which the defendant is convicted of assault, battery, or assault with a deadly weapon on a victim 65 years of age...
  • California Penal Code Section 1203.1k
    For any order of restitution made under Section 1203.1, the court may order the specific amount of restitution and the manner in which restitution shall...
  • California Penal Code Section 1203.1l
    In any case in which, pursuant to Section 1203.1, the court orders the defendant, as a condition of probation, to make restitution to a public...
  • California Penal Code Section 1203.1m
    (a) If a defendant is convicted of an offense and ordered to serve a period of imprisonment in the state prison, the court may, after...
  • California Penal Code Section 1203.2
    (a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to...
  • California Penal Code Section 1203.2a
    If any defendant who has been released on probation is committed to a prison in this state or another state for another offense, the court...
  • California Penal Code Section 1203.3
    (a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition...
  • California Penal Code Section 1203.4
    (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged...
  • California Penal Code Section 1203.4a
    (a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse...
  • California Penal Code Section 1203.41
    (a) If a defendant is sentenced pursuant to paragraph (5) of subdivision (h) of Section 1170, the court, in its discretion and in the interests...
  • California Penal Code Section 1203.45
    (a) In a case in which a person was under the age of 18 years at the time of commission of a misdemeanor and is...
  • California Penal Code Section 1203.47
    (a) A person who was found to be a person described in Section 602 of the Welfare and Institutions Code by reason of the commission...
  • California Penal Code Section 1203.5
    The offices of adult probation officer, assistant adult probation officer, and deputy adult probation officer are hereby created. The probation officers, assistant probation officers, and...
  • California Penal Code Section 1203.6
    The adult probation officer shall be appointed and may be removed for good cause in a county with two superior court judges, by the presiding...
  • California Penal Code Section 1203.7
    (a) Either at the time of the arrest for a crime of any person over 16 years of age, or at the time of the...
  • California Penal Code Section 1203.71
    Any of the duties of the probation officer may be performed by a deputy probation officer and shall be performed by him or her whenever...
  • California Penal Code Section 1203.72
    Except as provided in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203, no court shall pronounce judgment upon any defendant, as to...
  • California Penal Code Section 1203.73
    The probation officers and deputy probation officers in all counties of the state shall be allowed those necessary incidental expenses incurred in the performance of...
  • California Penal Code Section 1203.74
    Upon a determination that, in his or her opinion, staff and financial resources available to him or her are insufficient to meet his or her...
  • California Penal Code Section 1203.8
    (a) A county may develop a multiagency plan to prepare and enhance nonviolent felony offenders' successful reentry into the community. The plan shall be developed...
  • California Penal Code Section 1203.9
    (a) Whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in...
  • California Penal Code Section 1203.10
    At the time of the plea or verdict of guilty of any person over 18 years of age, the probation officer of the county of...
  • California Penal Code Section 1203.11
    A probation or parole officer or parole agent of the Department of Corrections may serve any process regarding the issuance of a temporary restraining order...
  • California Penal Code Section 1203.12
    The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms...
  • California Penal Code Section 1203.13
    The probation officer of any county may establish, or assist in the establishment of, any public council or committee having as its object the prevention...
  • California Penal Code Section 1203.14
    Notwithstanding any other provision of law, probation departments may engage in activities designed to prevent adult delinquency. These activities include rendering direct and indirect services...
  • California Penal Code Section 1203a
    In all counties and cities and counties the courts therein, having jurisdiction to impose punishment in misdemeanor cases, shall have the power to refer cases,...
  • California Penal Code Section 1203b
    All courts shall have power to suspend the imposition or execution of a sentence and grant a conditional sentence in misdemeanor and infraction cases without...
  • California Penal Code Section 1203c
    (a) (1) Notwithstanding any other provisions of law, whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and...
  • California Penal Code Section 1203d
    No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.10, unless a copy...
  • California Penal Code Section 1203e
    (a) Commencing June 1, 2010, the probation department shall compile a Facts of Offense Sheet for every person convicted of an offense that requires him...
  • California Penal Code Section 1203f
    Every probation department shall ensure that all probationers under active supervision who are deemed to pose a high risk to the public of committing sex...
  • California Penal Code Section 1203h
    If the court initiates an investigation pursuant to subdivision (a) or (d) of Section 1203 and the convicted person was convicted of violating any section...
  • California Penal Code Section 1204
    The circumstances shall be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as...
  • California Penal Code Section 1204.5
    (a) In any criminal action, after the filing of any complaint or other accusatory pleading and before a plea, finding, or verdict of guilty, no...
  • California Penal Code Section 1205
    (a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the...
  • California Penal Code Section 1205.3
    In any case in which a defendant is convicted of an offense and granted probation, and the court orders the defendant either to pay a...
  • California Penal Code Section 1207
    When judgment upon a conviction is rendered, the clerk must enter the judgment in the minutes, stating briefly the offense for which the conviction was...
  • California Penal Code Section 1208
    (a) (1) The provisions of this section, insofar as they relate to employment, shall be operative in any county in which the board of supervisors...
  • California Penal Code Section 1208.2
    (a) (1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to...
  • California Penal Code Section 1208.3
    The administrator is not prohibited by subdivision (c) of Section 1208.2 from verifying any of the following: (a) That the prisoner is receiving wages at...
  • California Penal Code Section 1208.5
    The boards of supervisors of two or more counties having work furlough programs may enter into agreements whereby a person sentenced to, or imprisoned in,...
  • California Penal Code Section 1209
    Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of...
  • California Penal Code Section 1209.5
    Notwithstanding any other provision of law, any person convicted of an infraction may, upon a showing that payment of the total fine would pose a...
  • California Penal Code Section 1210
    As used in Sections 1210.1 and 3063.1 of this code, and Division 10.8 (commencing with Section 11999.4) of the Health and Safety Code, the following...
  • California Penal Code Section 1210.1
    (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive...
  • California Penal Code Section 1210.5
    In a case where a person has been ordered to undergo drug treatment as a condition of probation, any court ordered drug testing shall be...
  • California Penal Code Section 1210.7
    (a) Notwithstanding any other provisions of law, a county probation department may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on probation,...
  • California Penal Code Section 1210.8
    A county probation department may utilize a continuous electronic monitoring device pursuant to this section that has all of the following attributes: (a) A device...
  • California Penal Code Section 1210.9
    (a) A continuous electronic monitoring system may have the capacity to immediately notify a county probation department of violations, actual or suspected, of the terms...
  • California Penal Code Section 1210.10
    A county probation department shall establish the following standards as are necessary to enhance public safety: (a) Standards for the minimum time interval between transmissions...
  • California Penal Code Section 1210.11
    (a) A county probation department operating a system of continuous electronic monitoring pursuant to this section shall establish prohibitions against unauthorized access to, and use...
  • California Penal Code Section 1210.12
    (a) A county chief probation officer shall have the sole discretion, consistent with the terms and conditions of probation, to decide which persons shall be...
  • California Penal Code Section 1210.13
    A county chief probation officer may revoke, in his or her discretion, the continuous monitoring of any individual.
  • California Penal Code Section 1210.14
    Whenever a probation officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth...
  • California Penal Code Section 1210.15
    (a) A chief probation officer may charge persons on probation for the costs of any form of supervision that utilizes continuous electronic monitoring devices that...
  • California Penal Code Section 1210.16
    It is the intent of the Legislature that continuous electronic monitoring established pursuant to this chapter maintain the highest public confidence, credibility, and public safety....
  • California Penal Code Section 1211
    (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title...
  • California Penal Code Section 1213
    (a) When a probationary order or a judgment, other than of death, has been pronounced, a copy of the entry of that portion of the...
  • California Penal Code Section 1213.5
    The abstract of judgment provided for in Section 1213 shall be prescribed by the Judicial Council.
  • California Penal Code Section 1214
    (a) If the judgment is for a fine, including a restitution fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04 as operative...
  • California Penal Code Section 1214.1
    (a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred...
  • California Penal Code Section 1214.2
    (a) Except as provided in subdivision (c), if a defendant is ordered to pay a fine as a condition of probation, the order to pay...
  • California Penal Code Section 1214.5
    (a) In any case in which the defendant is ordered to pay more than fifty dollars ($50) in restitution as a condition of probation, the...
  • California Penal Code Section 1215
    If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of...
  • California Penal Code Section 1216
    If the judgment is for imprisonment in the state prison, the sheriff of the county shall, upon receipt of a certified abstract or minute order...
  • California Penal Code Section 1217
    When judgment of death is rendered, a commitment signed by the judge, and attested by the clerk under the seal of the court must be...
  • California Penal Code Section 1218
    The judge of the court at which a judgment of death is had, must, immediately after the judgment, transmit to the Governor, by mail or...
  • California Penal Code Section 1219
    The Governor may thereupon require the opinion of the Justices of the Supreme Court and of the Attorney General, or any of them, upon the...
  • California Penal Code Section 1227
    If for any reason other than the pendency of an appeal pursuant to subdivision (b) of Section 1239 of this code a judgment of death...
  • California Penal Code Section 1227.5
    Notwithstanding Section 1227, where a judgment of death has not been executed by reason of a stay or reprieve granted by the Governor, the execution...
  • California Penal Code Section 1228
    The Legislature finds and declares all of the following: (a) In 2007, nearly 270,000 felony offenders were subject to probation supervision in California's communities. (b)...
  • California Penal Code Section 1229
    As used in this chapter, the following definitions apply: (a) "Community corrections" means the placement of persons convicted of a felony offense under probation supervision,...
  • California Penal Code Section 1230
    (a) Each county is hereby authorized to establish in each county treasury a Community Corrections Performance Incentives Fund (CCPIF), to receive all amounts allocated to...
  • California Penal Code Section 1230.1
    (a) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of...
  • California Penal Code Section 1231
    (a) Community corrections programs funded pursuant to this act shall identify and track specific outcome-based measures consistent with the goals of this act. (b) The...
  • California Penal Code Section 1232
    Commencing no later than 18 months following the initial receipt of funding pursuant to this act and annually thereafter, the Administrative Office of the Courts,...
  • California Penal Code Section 1233
    (a) The Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California,...
  • California Penal Code Section 1233.1
    After the conclusion of each calendar year following the enactment of this section, the Director of Finance, in consultation with the Department of Corrections and...
  • California Penal Code Section 1233.15
    The Director of Finance, in consultation with the Administrative Office of the Courts, the Department of Corrections and Rehabilitation, and the Chief Probation Officers of...
  • California Penal Code Section 1233.2
    Annually, after the conclusion of each calendar year, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget...
  • California Penal Code Section 1233.3
    Annually, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California,...
  • California Penal Code Section 1233.4
    (a) It is the intent of the Legislature for counties demonstrating high success rates with adult felony probationers to have access to performance-based funding as...
  • California Penal Code Section 1233.5
    If data of sufficient quality and of the types required for the implementation of this act are not available to the Director of Finance, then...
  • California Penal Code Section 1233.6
    (a) Probation failure reduction incentive payments and high performance grants calculated for any calendar year shall be provided to counties in the following fiscal year....
  • California Penal Code Section 1233.61
    Notwithstanding any other law, any moneys remaining in the State Community Corrections Performance Incentives Fund, after the calculation and award determination of each county's tier...
  • California Penal Code Section 1233.7
    The moneys appropriated pursuant to this chapter shall be used to supplement, not supplant, any other state or county appropriation for a CPO or a...
  • California Penal Code Section 1233.9
    There is hereby created in the State Treasury the Recidivism Reduction Fund for moneys to be available upon appropriation by the Legislature, for activities designed...
  • California Penal Code Section 1235
    (a) Either party to a felony case may appeal on questions of law alone, as prescribed in this title and in rules adopted by the...
  • California Penal Code Section 1236
    The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in...
  • California Penal Code Section 1237
    An appeal may be taken by the defendant: (a) From a final judgment of conviction except as provided in Section 1237.1 and Section 1237.5. A...
  • California Penal Code Section 1237.1
    No appeal shall be taken by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody...
  • California Penal Code Section 1237.5
    No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of...
  • California Penal Code Section 1238
    (a) An appeal may be taken by the people from any of the following: (1) An order setting aside all or any portion of the...
  • California Penal Code Section 1238.5
    Upon appeal by the prosecution pursuant to Section 1238, where the notice of appeal is filed after the expiration of the time available to defendant...
  • California Penal Code Section 1239
    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel,...
  • California Penal Code Section 1240
    (a) When in a proceeding falling within the provisions of Section 15421 of the Government Code a person is not represented by a public defender...
  • California Penal Code Section 1240.1
    (a) In any noncapital criminal, juvenile court, or civil commitment case wherein the defendant would be entitled to the appointment of counsel on appeal if...
  • California Penal Code Section 1241
    In any case in which counsel other than a public defender has been appointed by the Supreme Court or by a court of appeal to...
  • California Penal Code Section 1242
    An appeal taken by the people in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is
  • California Penal Code Section 1243
    An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all...
  • California Penal Code Section 1244
    If the certificate provided for in the preceding section is filed, the Sheriff must, if the defendant be in his custody, upon being served with...
  • California Penal Code Section 1245
    If before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a...
  • California Penal Code Section 1246
    The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial
  • California Penal Code Section 1247k
    The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in...
  • California Penal Code Section 1248
    If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed.
  • California Penal Code Section 1252
    On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer...
  • California Penal Code Section 1253
    The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear.
  • California Penal Code Section 1254
    Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it....
  • California Penal Code Section 1255
    The defendant need not personally appear in the appellate Court.
  • California Penal Code Section 1256
    It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal.
  • California Penal Code Section 1258
    After hearing the appeal, the Court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial...
  • California Penal Code Section 1259
    Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law...
  • California Penal Code Section 1260
    The court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or attempted offense or the...
  • California Penal Code Section 1261
    When a new trial is ordered it must be directed to be had in the Court of the county from which the appeal was taken.
  • California Penal Code Section 1262
    If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise...
  • California Penal Code Section 1263
    If a judgment against the defendant is affirmed, the original judgment must be enforced.
  • California Penal Code Section 1265
    (a) After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or...
  • California Penal Code Section 1268
    Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.
  • California Penal Code Section 1269
    The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the...
  • California Penal Code Section 1269a
    Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail...
  • California Penal Code Section 1269b
    (a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff's department or police...
  • California Penal Code Section 1269c
    If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order,...
  • California Penal Code Section 1270
    (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her...
  • California Penal Code Section 1270.1
    (a) Except as provided in subdivision (e), before any person who is arrested for any of the following crimes may be released on bail in...
  • California Penal Code Section 1270.2
    When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic...
  • California Penal Code Section 1270.5
    A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or...
  • California Penal Code Section 1271
    If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
  • California Penal Code Section 1272
    After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to...
  • California Penal Code Section 1272.1
    Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following: (a)...
  • California Penal Code Section 1273
    If the offense is bailable, the defendant may be admitted to bail before conviction: First--For his appearance before the magistrate, on the examination of the...
  • California Penal Code Section 1274
    When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof...
  • California Penal Code Section 1275
    (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the...
  • California Penal Code Section 1275.1
    (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit,...
  • California Penal Code Section 1276
    (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further...
  • California Penal Code Section 1276.5
    (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien...
  • California Penal Code Section 1277
    When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by...
  • California Penal Code Section 1278
    (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate),...
  • California Penal Code Section 1279
    The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or...
  • California Penal Code Section 1280
    The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The...
  • California Penal Code Section 1280a
    All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien...
  • California Penal Code Section 1280b
    It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him...
  • California Penal Code Section 1280.1
    (a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500, 488.510...
  • California Penal Code Section 1281
    Upon the allowance of bail and the execution and approval of the undertaking, the magistrate must, if the defendant is in custody, make and sign...
  • California Penal Code Section 1281a
    A judge of the superior court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve...
  • California Penal Code Section 1284
    When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in...
  • California Penal Code Section 1285
    If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench
  • California Penal Code Section 1286
    When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of...
  • California Penal Code Section 1287
    (a) The bail shall be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of...
  • California Penal Code Section 1288
    The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment.
  • California Penal Code Section 1289
    After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause...
  • California Penal Code Section 1291
    In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any...
  • California Penal Code Section 1292
    The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the...
  • California Penal Code Section 1295
    (a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a...
  • California Penal Code Section 1296
    If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in...
  • California Penal Code Section 1297
    When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time...
  • California Penal Code Section 1298
    In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of...
  • California Penal Code Section 1299
    This article shall be known as the Bail Fugitive Recovery Persons Act.
  • California Penal Code Section 1299.01
    For purposes of this article, the following terms shall have the following meanings: (a) "Bail fugitive" means a defendant in a pending criminal case who...
  • California Penal Code Section 1299.02
    (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets...
  • California Penal Code Section 1299.04
    (a) A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or...
  • California Penal Code Section 1299.05
    In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to that
  • California Penal Code Section 1299.06
    Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation...
  • California Penal Code Section 1299.07
    (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent himself or herself in any manner as being a sworn...
  • California Penal Code Section 1299.08
    (a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours...
  • California Penal Code Section 1299.09
    An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
  • California Penal Code Section 1299.10
    An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws...
  • California Penal Code Section 1299.11
    Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail...
  • California Penal Code Section 1299.12
    Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with...
  • California Penal Code Section 1300
    (a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant...
  • California Penal Code Section 1301
    For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant,...
  • California Penal Code Section 1302
    If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer...
  • California Penal Code Section 1303
    If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period...
  • California Penal Code Section 1304
    Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any...
  • California Penal Code Section 1305
    (a) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse,...
  • California Penal Code Section 1305.1
    If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the...
  • California Penal Code Section 1305.2
    If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the...
  • California Penal Code Section 1305.3
    The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs incurred...
  • California Penal Code Section 1305.4
    Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order...
  • California Penal Code Section 1305.5
    Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the...
  • California Penal Code Section 1305.6
    (a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate...
  • California Penal Code Section 1306
    (a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the...
  • California Penal Code Section 1306.1
    The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may...
  • California Penal Code Section 1307
    If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or...
  • California Penal Code Section 1308
    (a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered...
  • California Penal Code Section 1310
    The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment...
  • California Penal Code Section 1311
    The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested...
  • California Penal Code Section 1312
    The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant...
  • California Penal Code Section 1313
    If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant...
  • California Penal Code Section 1314
    If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause...
  • California Penal Code Section 1315
    When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to...
  • California Penal Code Section 1316
    When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on...
  • California Penal Code Section 1317
    The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter.
  • California Penal Code Section 1318
    (a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other...
  • California Penal Code Section 1318.1
    (a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should...
  • California Penal Code Section 1319
    (a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance...
  • California Penal Code Section 1319.5
    (a) No person described in subdivision (b) who is arrested for a new offense may be released on his or her own recognizance until a...
  • California Penal Code Section 1320
    (a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own...
  • California Penal Code Section 1320.5
    Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order...
  • California Penal Code Section 1321
    The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this
  • California Penal Code Section 1324
    In any felony proceeding or in any investigation or proceeding before a grand jury for any felony offense if a person refuses to answer a...
  • California Penal Code Section 1324.1
    In any misdemeanor proceeding in any court, if a person refuses to answer a question or produce evidence of any other kind on the ground...
  • California Penal Code Section 1326
    (a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and...
  • California Penal Code Section 1326.1
    (a) An order for the production of utility records in whatever form and however stored shall be issued by a judge only upon a written...
  • California Penal Code Section 1326.2
    (a) An order for the production of escrow or title records in whatever form and however stored shall be issued by a judge only upon...
  • California Penal Code Section 1327
    A subpoena authorized by Section 1326 shall be substantially in the following form: The people of the State of California to A. B.: You are...
  • California Penal Code Section 1328
    (a) A subpoena may be served by any person, except that the defendant may not serve a subpoena in the criminal action to which he...
  • California Penal Code Section 1328.5
    Whenever any peace officer is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an...
  • California Penal Code Section 1328.6
    Whenever any criminalist, questioned document examiner, latent print analyst, polygraph examiner employed by the Department of Justice, a police department, a sheriff's office, or a...
  • California Penal Code Section 1328a
    A telegraphic copy of a subpoena for a witness in a criminal proceeding may be sent by telegraph or teletype to one or more peace...
  • California Penal Code Section 1328b
    Every officer causing telegraphic copies of subpoenas to be sent, must certify as correct, and file in the telegraph office from which such copies are...
  • California Penal Code Section 1328c
    A peace officer must serve in his county or city any subpoena delivered to him by telegraph or teletype for service and must without delay...
  • California Penal Code Section 1328d
    Notwithstanding Section 1328, a subpoena may be delivered by mail or messenger. Service shall be effected when the witness acknowledges receipt of the subpoena to...
  • California Penal Code Section 1329
    (a) When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, whether upon a subpoena or in...
  • California Penal Code Section 1329.1
    Any witness who is subpoenaed in any criminal action or proceeding shall be given written notice on the subpoena that the witness may be entitled...
  • California Penal Code Section 1330
    No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served...
  • California Penal Code Section 1331
    Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the Court or magistrate as...
  • California Penal Code Section 1331.5
    Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance...
  • California Penal Code Section 1332
    (a) Notwithstanding the provisions of Sections 878 to 883, inclusive, when the court is satisfied, by proof on oath, that there is good cause to...
  • California Penal Code Section 1334
    This chapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases.
  • California Penal Code Section 1334.1
    As used in this chapter: (a) "Witness" includes any person whose testimony is desired in any proceeding or investigation by a grand jury or in...
  • California Penal Code Section 1334.2
    If a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and...
  • California Penal Code Section 1334.3
    (a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in...
  • California Penal Code Section 1334.4
    If a person comes into this State in obedience to a subpoena directing him to attend and testify in this State, he shall not, while...
  • California Penal Code Section 1334.5
    If a person passes through this State while going to another State in obedience to a subpoena or order to attend and testify in that...
  • California Penal Code Section 1334.6
    This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact similar
  • California Penal Code Section 1335
    (a) When a defendant has been charged with a public offense triable in any court, he or she in all cases, and the people in...
  • California Penal Code Section 1336
    (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as...
  • California Penal Code Section 1337
    The application shall be made upon affidavit stating all of the following: (a) The nature of the offense charged. (b) The state of the proceedings...
  • California Penal Code Section 1338
    The application may be made to the court or a judge thereof, and must be made upon three days' notice to the opposite party.
  • California Penal Code Section 1339
    If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined...
  • California Penal Code Section 1340
    (a) The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the...
  • California Penal Code Section 1341
    If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not...
  • California Penal Code Section 1342
    The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.
  • California Penal Code Section 1343
    The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in...
  • California Penal Code Section 1344
    The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or...
  • California Penal Code Section 1345
    The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by...
  • California Penal Code Section 1346
    (a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288, 288a, 288.5, 289,...
  • California Penal Code Section 1346.1
    (a) When a defendant has been charged with a violation of Section 262 or subdivision (a) of Section 273.5, the people may apply for an...
  • California Penal Code Section 1347
    (a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect...
  • California Penal Code Section 1347.5
    (a) It is the intent of the Legislature, in enacting this section, to provide the court with discretion to modify court procedures, as a reasonable...
  • California Penal Code Section 1349
    When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined...
  • California Penal Code Section 1350
    When a material witness for the defendant resides out of the State, the defendant may apply for an order that the witness be examined on...
  • California Penal Code Section 1351
    A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner,...
  • California Penal Code Section 1352
    The application must be made upon affidavit, stating: 1. The nature of the offense charged; 2. The state of the proceedings in the action, and...
  • California Penal Code Section 1353
    The application may be made to the Court, or a Judge thereof, and must be upon three days' notice to the District Attorney.
  • California Penal Code Section 1354
    If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness...
  • California Penal Code Section 1355
    When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with...
  • California Penal Code Section 1356
    Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in...
  • California Penal Code Section 1357
    The commissioner, unless otherwise specially directed, may execute the commission in the following order: (a) He or she shall publicly administer an oath to the...
  • California Penal Code Section 1358
    If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is...
  • California Penal Code Section 1359
    If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section,...
  • California Penal Code Section 1360
    The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in...
  • California Penal Code Section 1361
    The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies...
  • California Penal Code Section 1362
    The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is...
  • California Penal Code Section 1367
    (a) A person cannot be tried or adjudged to punishment while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this...
  • California Penal Code Section 1367.1
    (a) During the pendency of an action and prior to judgment in a case when the defendant has been charged with a misdemeanor or misdemeanors...
  • California Penal Code Section 1368
    (a) If, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental...
  • California Penal Code Section 1368.1
    (a) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an...
  • California Penal Code Section 1369
    A trial by court or jury of the question of mental competence shall proceed in the following order: (a) The court shall appoint a psychiatrist...
  • California Penal Code Section 1369.1
    (a) As used in this chapter, "treatment facility" includes a county jail. Upon the concurrence of the county board of supervisors, the county mental health...
  • California Penal Code Section 1370
    (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment...
  • California Penal Code Section 1370.01
    (a) (1) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may...
  • California Penal Code Section 1370.1
    (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment...
  • California Penal Code Section 1370.2
    If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against the...
  • California Penal Code Section 1370.3
    A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such...
  • California Penal Code Section 1370.4
    If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant...
  • California Penal Code Section 1370.5
    (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, or...
  • California Penal Code Section 1371
    The commitment of the defendant, as described in Section 1370 or 1370.01, exonerates his or her bail, or entitles a person, authorized to receive the...
  • California Penal Code Section 1372
    (a) (1) If the medical director of the state hospital or other facility to which the defendant is committed, or the community program director, county...
  • California Penal Code Section 1373
    The expense of sending the defendant to the state hospital or other facility, and of bringing him back, are chargeable to the county in which...
  • California Penal Code Section 1373.5
    In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall...
  • California Penal Code Section 1374
    When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient...
  • California Penal Code Section 1375
    Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed...
  • California Penal Code Section 1375.5
    Time spent by a defendant in a hospital or other facility as a result of a commitment therein as a mentally incompetent pursuant to this...
  • California Penal Code Section 1376
    (a) As used in this section, "intellectual disability" means the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and...
  • California Penal Code Section 1377
    When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in...
  • California Penal Code Section 1378
    If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received...
  • California Penal Code Section 1379
    No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in...
  • California Penal Code Section 1381
    Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to...
  • California Penal Code Section 1381.5
    Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in...
  • California Penal Code Section 1382
    (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: (1) When a...
  • California Penal Code Section 1383
    If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action...
  • California Penal Code Section 1384
    If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail,...
  • California Penal Code Section 1385
    (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of...
  • California Penal Code Section 1385.1
    Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea...
  • California Penal Code Section 1386
    The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a...
  • California Penal Code Section 1387
    (a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for...
  • California Penal Code Section 1387.1
    (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section...
  • California Penal Code Section 1387.2
    Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on...
  • California Penal Code Section 1388
    (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant...
  • California Penal Code Section 1389
    The agreement on detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form...
  • California Penal Code Section 1389.1
    The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which...
  • California Penal Code Section 1389.2
    All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainer and to...
  • California Penal Code Section 1389.4
    Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of...
  • California Penal Code Section 1389.5
    It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give...
  • California Penal Code Section 1389.6
    The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement.
  • California Penal Code Section 1389.7
    When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before...
  • California Penal Code Section 1389.8
    It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings.
  • California Penal Code Section 1390
    Upon the filing of an accusatory pleading against a corporation, the court shall issue a summons, signed by the judge with his name of office,...
  • California Penal Code Section 1391
    The summons shall be substantially in the following form: County of (as the case may be). The people of the State of California to the...
  • California Penal Code Section 1392
    The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original...
  • California Penal Code Section 1393
    At the appointed time in the summons, the magistrate shall proceed with the charge in the same manner as in other cases.
  • California Penal Code Section 1396
    If an accusatory pleading is filed, the corporation may appear by counsel to answer the same, except that in the case of misdemeanors arising from...
  • California Penal Code Section 1397
    When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it in the manner provided...
  • California Penal Code Section 1401
    It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal;...
  • California Penal Code Section 1404
    Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein,...
  • California Penal Code Section 1405
    (a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion before the trial...
  • California Penal Code Section 1407
    When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he shall hold it subject to the provisions...
  • California Penal Code Section 1408
    On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has...
  • California Penal Code Section 1409
    If property stolen or embezzled comes into the custody of the magistrate, it shall be delivered, without prejudice to the state, to the owner upon...
  • California Penal Code Section 1410
    If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling...
  • California Penal Code Section 1411
    (a) If the ownership of the property stolen or embezzled and the address of the owner, and the address of the owner of a security...
  • California Penal Code Section 1412
    When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the...
  • California Penal Code Section 1413
    (a) The clerk or person having charge of the property section for any police department in any incorporated city or town, or for any sheriff's...
  • California Penal Code Section 1417
    All exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall...
  • California Penal Code Section 1417.1
    No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of...
  • California Penal Code Section 1417.2
    Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit...
  • California Penal Code Section 1417.3
    (a) At any time prior to the final determination of the action or proceeding, exhibits offered by the state or defendant shall be returned to...
  • California Penal Code Section 1417.5
    Except as provided in Section 1417.6, 60 days after the final determination of a criminal action or proceeding, the clerk of the court shall dispose...
  • California Penal Code Section 1417.6
    (a) The provisions of Section 1417.5 shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any...
  • California Penal Code Section 1417.7
    Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district...
  • California Penal Code Section 1417.8
    (a) Notwithstanding any other provision of this chapter, the court shall direct that any photograph of any minor that has been found by the court...
  • California Penal Code Section 1417.9
    (a) Notwithstanding any other provision of law and subject to subdivision (b), the appropriate governmental entity shall retain all biological material that is secured in...
  • California Penal Code Section 1420
    All money received by a district attorney or clerk of the court in any criminal action or proceeding, the owner or owners of which are...
  • California Penal Code Section 1421
    The notice shall state the amount of money, the criminal action or proceeding in which the money was received by the district attorney or clerk...
  • California Penal Code Section 1422
    Unless some person files a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within...
  • California Penal Code Section 1424
    (a) (1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the...
  • California Penal Code Section 1427
    (a) When a complaint is presented to a judge in a misdemeanor or infraction case appearing to be triable in the judge's court, the judge...
  • California Penal Code Section 1428
    In misdemeanor and infraction cases, the clerk of the superior court may keep a docket, instead of minutes pursuant to Section 69844 of the Government...
  • California Penal Code Section 1429
    In a misdemeanor case the plea of the defendant may be made by the defendant or by the defendant's counsel. If such defendant pleads guilty,...
  • California Penal Code Section 1445
    When the defendant pleads guilty, or is convicted, either by the court, or by a jury, the court shall render judgment thereon of fine or...
  • California Penal Code Section 1447
    When the defendant is acquitted in a misdemeanor or infraction case, if the court certifies in the minutes that the prosecution was malicious and without...
  • California Penal Code Section 1448
    If the complainant does not pay the costs, or give an undertaking therefor, the court may enter judgment against the complainant for the amount of...
  • California Penal Code Section 1449
    In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a...
  • California Penal Code Section 1457
    Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and pay over the...
  • California Penal Code Section 1458
    The provisions of this code relative to bail are applicable to bail in misdemeanor or infraction cases. The defendant, at any time after arrest and...
  • California Penal Code Section 1459
    Undertakings of bail filed by admitted surety insurers shall meet all other requirements of law and the obligation of the insurer shall be in the...
  • California Penal Code Section 1462.2
    Except as otherwise provided in the Vehicle Code, the proper court for the trial of criminal cases amounting to misdemeanor shall be the superior court...
  • California Penal Code Section 1462.25
    (a) A defendant formally charged with a violation of Vehicle Code Section 14601 in one court ("the first court"), against whom a formal charge of...
  • California Penal Code Section 1462.5
    Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform...
  • California Penal Code Section 1463
    All fines and forfeitures imposed and collected for crimes shall be distributed in accordance with Section 1463.001. The following definitions shall apply to terms used...
  • California Penal Code Section 1463.001
    Except as otherwise provided in this section, all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in...
  • California Penal Code Section 1463.002
    The base fine amounts from city arrests shall be subject to distribution according to the following schedule: County and city Percentage Alameda Alameda .............................. 18...
  • California Penal Code Section 1463.004
    (a) If a sentencing judge specifies only the total fine or forfeiture, or if an automated case-processing system requires it, percentage calculations may be employed...
  • California Penal Code Section 1463.005
    Notwithstanding Section 1463.001, in a county subject to Section 77202.5 of the Government Code, of base fines resulting from arrests not subject to allocation under...
  • California Penal Code Section 1463.006
    Any money deposited with the court or with the clerk thereof which, by order of the court or for any other reason, should be returned,...
  • California Penal Code Section 1463.007
    (a) Notwithstanding any other provision of law, any county or court that operates a comprehensive collection program may deduct the costs of operating that program,...
  • California Penal Code Section 1463.009
    Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a...
  • California Penal Code Section 1463.010
    The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California's judicial system. Prompt, efficient, and effective imposition and collection...
  • California Penal Code Section 1463.011
    (a) Notwithstanding any other provision of law, if a court, during the course of its routine process to collect fees, fines, forfeitures, or other penalties...
  • California Penal Code Section 1463.012
    (a) Notwithstanding any other law, if a court, during the course of its routine process to collect fees, fines, forfeitures, or other penalties imposed by...
  • California Penal Code Section 1463.02
    (a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult...
  • California Penal Code Section 1463.04
    Notwithstanding Section 1463, out of the moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred once a month into the...
  • California Penal Code Section 1463.07
    An administrative screening fee of twenty-five dollars ($25) shall be collected from each person arrested and released on his or her own recognizance upon conviction...
  • California Penal Code Section 1463.1
    Notwithstanding any other provisions of law except Section 77009 of the Government Code, any trial court may elect, with prior approval of the Administrative Director...
  • California Penal Code Section 1463.5
    The distribution of funds required pursuant to Section 1463, and the distribution of assessments imposed and collected under Section 1464 and Section 42006 of the...
  • California Penal Code Section 1463.7
    Funds transferred to the Regents of the University of California pursuant to Section 1462.3 may not be utilized to purchase land or to construct any...
  • California Penal Code Section 1463.9
    Notwithstanding the provisions of Section 1463, 50 percent of all fines and forfeitures collected upon conviction, or upon forfeiture of bail, for violations of Section...
  • California Penal Code Section 1463.10
    Notwithstanding Section 1463, fines and forfeitures which are collected for a conviction of a violation of Section 11366.7 of the Health and Safety Code and...
  • California Penal Code Section 1463.11
    Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (a)...
  • California Penal Code Section 1463.12
    Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (c)...
  • California Penal Code Section 1463.13
    (a) Each county may develop, implement, operate, and administer an alcohol and drug problem assessment program for persons convicted of a crime in which the...
  • California Penal Code Section 1463.14
    (a) Notwithstanding the provisions of Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) of each fine...
  • California Penal Code Section 1463.15
    Notwithstanding Section 1463, if a county board of supervisors establishes a combined vehicle inspection and sobriety checkpoint program under Section 2814.1 of the Vehicle Code,...
  • California Penal Code Section 1463.16
    (a) Notwithstanding Section 1203.1 or 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105, 23152,...
  • California Penal Code Section 1463.17
    (a) In a county of the 19th class, notwithstanding any other provision of this chapter, of the moneys deposited with the county treasurer pursuant to...
  • California Penal Code Section 1463.18
    (a) Notwithstanding the provisions of Section 1463, moneys which are collected for a conviction of a violation of Section 23152 or 23153 of the Vehicle...
  • California Penal Code Section 1463.20
    Notwithstanding any other law, fifty dollars ($50) of every parking penalty received by a local entity pursuant to Section 42001.5 of the Vehicle Code may...
  • California Penal Code Section 1463.22
    (a) Notwithstanding Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, seventeen dollars and fifty cents ($17.50) for each conviction...
  • California Penal Code Section 1463.23
    Notwithstanding Section 1463, out of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) of each fine imposed pursuant to...
  • California Penal Code Section 1463.25
    Notwithstanding Section 1203.1 or 1463, and in addition to any allocation under Section 1463.16, the moneys from alcohol abuse education and prevention penalty assessments collected...
  • California Penal Code Section 1463.26
    Notwithstanding Section 1463, out of moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred, once a month, to the traffic...
  • California Penal Code Section 1463.27
    (a) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, the board of supervisors of a county may, by...
  • California Penal Code Section 1463.28
    (a) Notwithstanding any other provision of law, for each option county, as defined by Section 77004 of the Government Code, which has adopted the resolution...
  • California Penal Code Section 1464
    (a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section,...
  • California Penal Code Section 1464.05
    Wherever the word "assessment" appears in any reference to Section 1464 in any law or regulation with regard to a fine, penalty, or bail forfeiture,...
  • California Penal Code Section 1464.2
    Notwithstanding any other provision of law, an amount of not more than two hundred fifty thousand dollars ($250,000) per fiscal year of the moneys otherwise...
  • California Penal Code Section 1464.8
    Notwithstanding any other provision of law, when an allocation and distribution of any fine, forfeiture, penalty, fee, or assessment collected in any criminal case is...
  • California Penal Code Section 1465.5
    An assessment of two dollars ($2) for every ten dollars ($10) or fraction thereof, for every fine, forfeiture, or parking penalty imposed and collected pursuant...
  • California Penal Code Section 1465.6
    (a) In addition to an assessment levied pursuant to Section 1465.5 of this code, or any other law, an additional assessment equal to 10 percent...
  • California Penal Code Section 1465.7
    (a) A state surcharge of 20 percent shall be levied on the base fine used to calculate the state penalty assessment as specified in subdivision...
  • California Penal Code Section 1465.8
    (a) (1) To assist in funding court operations, an assessment of forty dollars ($40) shall be imposed on every conviction for a criminal offense, including...
  • California Penal Code Section 1466
    An appeal may be taken from a judgment or order, in an infraction or misdemeanor case, to the appellate division of the superior court of...
  • California Penal Code Section 1467
    An appeal from a judgment of conviction does not stay the execution of the judgment in any case unless the trial or a reviewing court...
  • California Penal Code Section 1468
    Appeals to the appellate divisions of superior courts shall be taken, heard and determined, the decisions thereon shall be remitted to the courts from which...
  • California Penal Code Section 1469
    Upon appeal by the people the reviewing court may review any question of law involved in any ruling affecting the judgment or order appealed from,...
  • California Penal Code Section 1471
    A court of appeal may order any case on appeal to a superior court in its district transferred to it for hearing and decision as...
  • California Penal Code Section 1473
    (a) Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the...
  • California Penal Code Section 1473.5
    (a) A writ of habeas corpus also may be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and...
  • California Penal Code Section 1473.6
    (a) Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons: (1) Newly...
  • California Penal Code Section 1474
    Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his...
  • California Penal Code Section 1475
    The writ of habeas corpus may be granted in the manner provided by law. If the writ has been granted by any court or a...
  • California Penal Code Section 1476
    Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must endorse upon the petition the hour and date...
  • California Penal Code Section 1477
    The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command...
  • California Penal Code Section 1478
    If the writ is directed to the sheriff or other ministerial officer of the court out of which it issues, it must be delivered by...
  • California Penal Code Section 1479
    If the person to whom the writ is directed refuses, after service, to obey the same, the Court or Judge, upon affidavit, must issue an...
  • California Penal Code Section 1480
    The person upon whom the writ is served must state in his return, plainly and unequivocally: 1. Whether he has or has not the party...
  • California Penal Code Section 1481
    The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his...
  • California Penal Code Section 1482
    When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the Court or Judge, the person...
  • California Penal Code Section 1483
    The Court or Judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other...
  • California Penal Code Section 1484
    The party brought before the Court or Judge, on the return of the writ, may deny or controvert any of the material facts or matters...
  • California Penal Code Section 1485
    If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such Court or Judge must discharge such party from...
  • California Penal Code Section 1485.5
    (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for...
  • California Penal Code Section 1485.55
    (a) In a contested proceeding, if the court grants a writ of habeas corpus concerning a person who is unlawfully imprisoned or restrained, or when,...
  • California Penal Code Section 1486
    The Court or Judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if...
  • California Penal Code Section 1487
    If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State,...
  • California Penal Code Section 1488
    If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment...
  • California Penal Code Section 1489
    If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such...
  • California Penal Code Section 1490
    When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of...
  • California Penal Code Section 1491
    Any judge before whom a person who has been committed upon a criminal charge may be brought on a writ of habeas corpus, if the...
  • California Penal Code Section 1492
    If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed,...
  • California Penal Code Section 1493
    In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such...
  • California Penal Code Section 1494
    Until judgment is given on the return, the Court or Judge before whom any party may be brought on such writ may commit him to...
  • California Penal Code Section 1495
    No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the...
  • California Penal Code Section 1496
    No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in...
  • California Penal Code Section 1497
    When it appears to any court, or judge, authorized by law to issue the writ of habeas corpus, that any one is illegally held in...
  • California Penal Code Section 1498
    The Court or Judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint.
  • California Penal Code Section 1499
    The officer to whom such warrant is delivered must execute it by bringing the person therein named before the Court or Judge who directed the...
  • California Penal Code Section 1500
    The person alleged to have such party under illegal confinement or restraint may make return to such warrant as in case of a writ of...
  • California Penal Code Section 1501
    If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or...
  • California Penal Code Section 1502
    Any writ or process authorized by this Chapter may be issued and served on any day or at any time.
  • California Penal Code Section 1503
    All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter must be issued by the Clerk of the Court, and, except subpoenas,...
  • California Penal Code Section 1504
    All such writs and process, when made returnable before a Judge, must be returned before him at the county seat, and there heard and determined.
  • California Penal Code Section 1505
    If the officer or person to whom a writ of habeas corpus is directed, refuses obedience to the command thereof, he shall forfeit and pay...
  • California Penal Code Section 1506
    An appeal may be taken to the court of appeal by the people from a final order of a superior court made upon the return...
  • California Penal Code Section 1507
    Where an application for a writ of habeas corpus has been made by or on behalf of any person other than a defendant in a...
  • California Penal Code Section 1508
    (a) A writ of habeas corpus issued by the Supreme Court or a judge thereof may be made returnable before the issuing judge or his...
  • California Penal Code Section 1510
    The denial of a motion made pursuant to Section 995 or 1538.5 may be reviewed prior to trial only if the motion was made by...
  • California Penal Code Section 1511
    If in a felony case the superior court sets the trial beyond the period of time specified in Section 1049.5, in violation of Section 1049.5,...
  • California Penal Code Section 1512
    (a) In addition to petitions for a writ of mandate, prohibition, or review which the people are authorized to file pursuant to any other statute...
  • California Penal Code Section 1523
    A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him...
  • California Penal Code Section 1524
    (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property...
  • California Penal Code Section 1524.1
    (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim...
  • California Penal Code Section 1524.2
    (a) As used in this section, the following terms have the following meanings: (1) The terms "electronic communication services" and "remote computing services" shall be...
  • California Penal Code Section 1524.3
    (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the...
  • California Penal Code Section 1525
    A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and...
  • California Penal Code Section 1526
    (a) The magistrate, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall...
  • California Penal Code Section 1527
    The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.
  • California Penal Code Section 1528
    (a) If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their...
  • California Penal Code Section 1529
    The warrant shall be in substantially the following form: County of ____. The people of the State of California to any peace officer in the...
  • California Penal Code Section 1530
    A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in...
  • California Penal Code Section 1531
    The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to...
  • California Penal Code Section 1532
    He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to...
  • California Penal Code Section 1533
    Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be...
  • California Penal Code Section 1534
    (a) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be...
  • California Penal Code Section 1535
    When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from...
  • California Penal Code Section 1536
    All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to...
  • California Penal Code Section 1536.5
    (a) If a government agency seizes business records from an entity pursuant to a search warrant, the entity from which the records were seized may...
  • California Penal Code Section 1537
    The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in...
  • California Penal Code Section 1538
    The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the...
  • California Penal Code Section 1538.5
    (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result...
  • California Penal Code Section 1539
    (a) If a special hearing is held in a felony case pursuant to Section 1538.5, or if the grounds on which the warrant was issued...
  • California Penal Code Section 1540
    If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for...
  • California Penal Code Section 1541
    The magistrate must annex the affidavit, or affidavits, the search warrant and return, and the inventory, and if he has not power to inquire into...
  • California Penal Code Section 1542
    When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon,...
  • California Penal Code Section 1543
    (a) Records of the identity, diagnosis, prognosis, or treatment of any patient maintained by a health care facility which are not privileged records required to...
  • California Penal Code Section 1544
    A law enforcement agency applying for disclosure of patient records under Section 1543 may petition the court for an extraordinary order delaying the notice of...
  • California Penal Code Section 1545
    For the purposes of this chapter: (a) "Health care facility" means any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with...
  • California Penal Code Section 1547
    (a) The Governor may offer a reward of not more than fifty thousand dollars ($50,000), payable out of the General Fund, for information leading to...
  • California Penal Code Section 1548
    As used in this chapter: (a) "Governor" means any person performing the functions of Governor by authority of the law of this State. (b) "Executive...
  • California Penal Code Section 1548.1
    Subject to the provisions of this chapter, the Constitution of the United States, and the laws of the United States, it is the duty of...
  • California Penal Code Section 1548.2
    No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless it is in writing...
  • California Penal Code Section 1548.3
    When a demand is made upon the Governor of this State by the executive authority of another State for the surrender of a person so...
  • California Penal Code Section 1549
    When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or...
  • California Penal Code Section 1549.1
    The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in...
  • California Penal Code Section 1549.2
    If a demand conforms to the provisions of this chapter, the Governor or agent authorized in writing by the Governor whose authorization has been filed...
  • California Penal Code Section 1549.3
    Such warrant shall authorize the peace officer or other person to whom it is directed: (a) To arrest the accused at any time and any...
  • California Penal Code Section 1550
    Every peace officer or other person empowered to make the arrest hereunder shall have the same authority, in arresting the accused, to command assistance therefor...
  • California Penal Code Section 1550.1
    No person arrested upon such warrant shall be delivered over to the agent of the executive authority demanding him unless he is first taken forthwith...
  • California Penal Code Section 1550.2
    Any officer or other person entrusted with a Governor's warrant who delivers to the agent of the demanding State a person in his custody under...
  • California Penal Code Section 1550.3
    The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding State to whom the prisoner has been delivered may...
  • California Penal Code Section 1551
    (a) Whenever any person within this State is charged by a verified complaint before any magistrate of this State with the commission of any crime...
  • California Penal Code Section 1551.05
    (a) Any person on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 or pursuant to subdivision (d) of Section 2972...
  • California Penal Code Section 1551.1
    The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged...
  • California Penal Code Section 1551.2
    At the initial appearance of a person arrested under Section 1551 or 1551.1, he shall be informed of the reason for his arrest and of...
  • California Penal Code Section 1551.3
    Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney. The district attorney must immediately thereafter give...
  • California Penal Code Section 1552
    If at the hearing before the magistrate, it appears that the accused is the person charged with having committed the crime alleged, the magistrate must,...
  • California Penal Code Section 1552.1
    Unless the offense with which the prisoner is charged, is shown to be an offense punishable by death or life imprisonment under the laws of...
  • California Penal Code Section 1552.2
    If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, a...
  • California Penal Code Section 1553
    If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate, by proper...
  • California Penal Code Section 1553.1
    (a) If a criminal prosecution has been instituted against a person charged under Section 1551 under the laws of this state and is still pending,...
  • California Penal Code Section 1553.2
    The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or...
  • California Penal Code Section 1554
    The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper.
  • California Penal Code Section 1554.1
    Whenever the Governor of this State shall demand the return of a person charged with crime in this State or with escaping from confinement or...
  • California Penal Code Section 1554.2
    (a) When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the...
  • California Penal Code Section 1554.3
    After a person has been brought back to this state by extradition proceedings, the person shall be committed to a county jail with bail set...
  • California Penal Code Section 1555
    A person brought into this State on, or after waiver of extradition based on a criminal charge shall not be subject to service of process...
  • California Penal Code Section 1555.1
    Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the...
  • California Penal Code Section 1555.2
    (a) If the arrested person refuses to sign a waiver of extradition under Section 1555.1, a hearing shall be held, upon application of the district...
  • California Penal Code Section 1555.3
    Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try any demanded person...
  • California Penal Code Section 1556
    After a person has been brought back to this State by extradition proceedings, he may be tried in this State for other crimes which he...
  • California Penal Code Section 1556.1
    The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states...
  • California Penal Code Section 1556.2
    This chapter may be cited as the Uniform Criminal Extradition Act.
  • California Penal Code Section 1557
    (a) This section shall apply when this state or a city, county, or city and county employs a person to travel to a foreign jurisdiction...
  • California Penal Code Section 1558
    No compensation, fee, profit, or reward of any kind can be paid to or received by a public officer of this state, a corporation or...
  • California Penal Code Section 1562
    The party prosecuting a special proceeding of a criminal nature is designated in this Code as the complainant, and the adverse party as the defendant.
  • California Penal Code Section 1563
    The provisions of Section 1401, in respect to entitling affidavits, are applicable to such proceedings.
  • California Penal Code Section 1564
    The Courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as in...
  • California Penal Code Section 1567
    When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail...
  • California Penal Code Section 1600
    Any person committed to a state hospital or other treatment facility under the provisions of Section 1026, or Chapter 6 (commencing with Section 1367) of...
  • California Penal Code Section 1600.5
    For a person committed as a mentally disordered sex offender under former Section 6316 or 6316.2 of the Welfare and Institutions Code, or committed pursuant...
  • California Penal Code Section 1601
    (a) In the case of any person charged with and found incompetent on a charge of, convicted of, or found not guilty by reason of...
  • California Penal Code Section 1602
    (a) Any person subject to the provisions of subdivision (b) of Section 1601 may be placed on outpatient status, if all of the following conditions...
  • California Penal Code Section 1603
    (a) Any person subject to subdivision (a) of Section 1601 may be placed on outpatient status if all of the following conditions are satisfied: (1)...
  • California Penal Code Section 1604
    (a) Upon receipt by the committing court of the recommendation of the director of the state hospital or other treatment facility to which the person...
  • California Penal Code Section 1605
    (a) In accordance with Section 1615 of this code and Section 5709.8 of the Welfare and Institutions Code, the State Department of State Hospitals shall...
  • California Penal Code Section 1606
    Outpatient status shall be for a period not to exceed one year. At the end of the period of outpatient status approved by the court,...
  • California Penal Code Section 1607
    If the outpatient supervisor is of the opinion that the person has regained competence to stand trial, or is no longer insane, is no longer...
  • California Penal Code Section 1608
    If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person requires extended inpatient treatment or refuses...
  • California Penal Code Section 1609
    If at any time during the outpatient period or placement with a local mental health program pursuant to subdivision (b) of Section 1026.2 the prosecutor...
  • California Penal Code Section 1610
    (a) Upon the filing of a request for revocation under Section 1608 or 1609 and pending the court's decision on revocation, the person subject to...
  • California Penal Code Section 1611
    (a) No person who is on outpatient status pursuant to this title or Section 2972 shall leave this state without first obtaining prior written approval...
  • California Penal Code Section 1612
    Any person committed to a state hospital or other treatment facility under the provisions of Section 1026, or Chapter 6 (commencing with Section 1367) of...
  • California Penal Code Section 1614
    Persons ordered to undergo outpatient treatment under former Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of Section 6325.1 of the Welfare...
  • California Penal Code Section 1615
    Pursuant to Section 5709.8 of the Welfare and Institutions Code, the State Department of State Hospitals shall be responsible for the community treatment and supervision...
  • California Penal Code Section 1616
    The state shall contract with a research agency which shall determine the prevalence of severe mental disorder among the state prison inmates and parolees, including...
  • California Penal Code Section 1617
    The State Department of State Hospitals shall research the demographic profiles and other related information pertaining to persons receiving supervision and treatment in the Forensic...
  • California Penal Code Section 1618
    The administrators and the supervision and treatment staff of the Forensic Conditional Release Program shall not be held criminally or civilly liable for any criminal...
  • California Penal Code Section 1619
    The Department of Justice shall automate the criminal histories of all persons treated in the Forensic Conditional Release Program, as well as all persons committed...
  • California Penal Code Section 1620
    The Department of Justice shall provide mental health agencies providing treatment to patients pursuant to Sections 1600 to 1610, inclusive, or pursuant to Article 4...
  • California Penal Code Section 2000
    There is and shall continue to be a State prison to be known as the California Institution for Men.
  • California Penal Code Section 2001
    The California Institution for Men shall be located at Chino, San Bernardino County, California.
  • California Penal Code Section 2002
    The primary purpose of the California Institution for Men shall be for the imprisonment of male offenders who, in the opinion of the department, seem...
  • California Penal Code Section 2020
    There is and shall continue to be a State prison to be known as the California State Prison at San Quentin.
  • California Penal Code Section 2021
    The California State Prison at San Quentin shall be located at San Quentin, in Marin County, California.
  • California Penal Code Section 2022
    The primary purpose of the California State Prison at San Quentin shall be to provide confinement, industrial and other training, treatment, and care to persons...
  • California Penal Code Section 2030
    There is and shall continue to be a State prison to be known as the California State Prison at Folsom.
  • California Penal Code Section 2031
    The California State Prison at Folsom shall be located at Folsom, in Sacramento County, California.
  • California Penal Code Section 2032
    The primary purpose of the California State Prison at Folsom shall be to provide confinement, industrial and other training, treatment, and care to persons confined
  • California Penal Code Section 2035
    There is hereby established an institution for the confinement of males under the custody of the Director of Corrections and the Youth Authority to be...
  • California Penal Code Section 2037
    There may be transferred to and confined in the Deuel Vocational Institution any male, subject to the custody, control and discipline of the Director of...
  • California Penal Code Section 2039
    The Governor, upon recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the Deuel Vocational Institution. The director...
  • California Penal Code Section 2040
    The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the Deuel Vocational Institution.
  • California Penal Code Section 2041
    Part 3 (commencing with Section 2000) shall apply to the Deuel Vocational Institution and to the persons confined therein so far as those provisions may...
  • California Penal Code Section 2042
    Every minor person confined in the Deuel Vocational Institute who escapes or attempts to escape therefrom is guilty of a crime and shall be imprisoned...
  • California Penal Code Section 2043
    The Director of Corrections is authorized to establish a state prison for the confinement of males under the custody of the Director of Corrections to...
  • California Penal Code Section 2043.1
    The primary purpose of the state prison authorized to be established by Section 2043 shall be to provide custody and care, and industrial, vocational, and...
  • California Penal Code Section 2043.2
    Any person under the custody of the Director of Corrections may be transferred to the California Correctional Center at Susanville in accordance with law.
  • California Penal Code Section 2043.4
    The warden of the California Correctional Center at Susanville shall be appointed pursuant to Section 6050 and the Director of Corrections shall appoint, subject to...
  • California Penal Code Section 2043.5
    Part 3 (commencing with Section 2000) shall apply to the California Correctional Center at Susanville and to the persons confined therein, insofar as those provisions...
  • California Penal Code Section 2045
    The Director of Corrections with the approval of the Board of Corrections, is authorized to establish a State prison for the confinement of males under...
  • California Penal Code Section 2045.1
    The prison authorized to be established by Section 2045 shall be a medium security type institution. Its primary purpose shall be to provide custody, care,...
  • California Penal Code Section 2045.4
    The Governor, upon recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the California Training Facility. The director...
  • California Penal Code Section 2045.5
    The Director of Corrections shall construct and equip in accordance with law, suitable buildings, structures and facilities for said institution.
  • California Penal Code Section 2045.6
    The provisions of Part 3 (commencing with Section 2000) apply to the institution and to the persons confined therein insofar as those provisions may be
  • California Penal Code Section 2045.10
    The Director of Corrections is authorized to construct and establish a state prison for the confinement of males under the custody of the Director of
  • California Penal Code Section 2045.11
    The facility authorized by Section 2045.10 shall be a combination 1,000-bed Level III and 1,000-bed Level IV prison together with a 200-bed Level I support...
  • California Penal Code Section 2046
    The Director of Corrections is authorized to establish a state prison for the confinement of males under the custody of the Director of Corrections. It...
  • California Penal Code Section 2046.1
    The prison authorized to be established by Section 2046 shall be a medium security type institution. Its primary purpose shall be to provide custody, care,...
  • California Penal Code Section 2046.2
    Any person under the custody of the Director of Corrections may be transferred to the said prison in accordance with law.
  • California Penal Code Section 2046.4
    A warden for the said prison shall be appointed pursuant to Section 6050, and the Director of Corrections shall apoint, subject to civil service, such...
  • California Penal Code Section 2046.5
    The Director of Corrections shall construct and equip in accordance with law, suitable buildings, structures, and facilities for the said prison.
  • California Penal Code Section 2046.6
    The provisions of this part shall apply to the prison and to the persons confined therein insofar as those provisions may be applicable.
  • California Penal Code Section 2048
    The Director of Corrections is authorized to establish a state prison for the confinement of males under the custody of the Director of Corrections, to...
  • California Penal Code Section 2048.1
    The primary purpose of the prison authorized to be established by Section 2048 shall be to provide custody and care, and industrial, vocational, and other...
  • California Penal Code Section 2048.2
    Any person under the custody of the Director of Corrections may be transferred to the California Correctional Institution at Tehachapi in accordance with law.
  • California Penal Code Section 2048.4
    The warden for the California Correctional Institution at Tehachapi shall be appointed pursuant to Section 6050, and the Director of Corrections shall appoint, subject to...
  • California Penal Code Section 2048.5
    The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the California Correctional Institution at Tehachapi.
  • California Penal Code Section 2048.6
    The provisions of Part 3 (commencing with Section 2000) apply to the California Correctional Institution at Tehachapi and to the persons confined therein insofar as...
  • California Penal Code Section 2051
    The department is hereby authorized to contract for provisions, clothing, medicines, forage, fuel, and all other staple supplies needed for the support of the prisons...
  • California Penal Code Section 2052
    (a) The department shall have power to contract for the supply of electricity, gas and water for said prisons, upon such terms as the department...
  • California Penal Code Section 2053
    (a) The Legislature finds and declares that there is a correlation between prisoners who are functionally literate and those who successfully reintegrate into society upon...
  • California Penal Code Section 2053.1
    (a) The Secretary of the Department of Corrections and Rehabilitation shall implement in every state prison literacy programs that are designed to ensure that upon...
  • California Penal Code Section 2053.4
    The Secretary of the Department of Corrections and Rehabilitation shall appoint a Superintendent of Correctional Education, who shall oversee and administer all prison education programs....
  • California Penal Code Section 2053.5
    Consistent with the goals and priorities of the department, a career technical education program shall consider all of the following factors: (a) Whether the program...
  • California Penal Code Section 2054
    The Director of Corrections may establish and maintain classes for inmates by utilizing personnel of the Department of Corrections, or by entering into an agreement...
  • California Penal Code Section 2054.1
    The rate specified in Section 2054 shall be further increased or decreased in the same proportion as the median salaries for full-time high school teachers...
  • California Penal Code Section 2054.2
    The Department of Corrections and Rehabilitation shall determine and implement a system of incentives to increase inmate participation in, and completion of, academic and vocational...
  • California Penal Code Section 2055
    The Director of Corrections may, in his discretion, from time to time insure any or all products produced at any prison or institution under the...
  • California Penal Code Section 2056
    If any of the shops or buildings in which convicts are employed require rebuilding or repair for any reason, they may be rebuilt or repaired...
  • California Penal Code Section 2057
    Counties are authorized to contract with the Department of Corrections and Rehabilitation for the commitment to the department, of persons who have suffered a felony...
  • California Penal Code Section 2059
    The department shall fix the compensation of its officers and employees, other than those of wardens and clerks, at a gross rate which shall include...
  • California Penal Code Section 2060
    For the purposes of Sections 11009 and 11030 of the Government Code, the following constitute, among other proper purposes, state business for officers and employees...
  • California Penal Code Section 2061
    (a) The Department of Corrections and Rehabilitation shall develop and implement, by January 15, 2008, a plan to address management deficiencies within the department. The...
  • California Penal Code Section 2062
    (a) The Department of Corrections and Rehabilitation shall develop and implement a plan to obtain additional rehabilitation and treatment services for prison inmates and parolees....
  • California Penal Code Section 2063
    (a) It is the intent of the Legislature that the Department of Corrections and Rehabilitation shall regularly provide operational and fiscal information to the Legislature...
  • California Penal Code Section 2064
    (a) It is the intent of the Legislature that the Department of Corrections and Rehabilitation shall regularly provide to the Legislature information on the outcomes...
  • California Penal Code Section 2065
    (a) The Department of Corrections and Rehabilitation shall complete all of the tasks associated with inmates granted medical parole pursuant to Section 3550 that are...
  • California Penal Code Section 2078
    It shall be the duty of the department to prosecute all suits, at law or in equity, that may be necessary to protect the rights...
  • California Penal Code Section 2080
    A copy of the rules and regulations prescribing the duties and obligations of prisoners shall be furnished to each prisoner in a state prison or...
  • California Penal Code Section 2081
    The director shall cause to be kept at each institution a register of institution violations and what kind of punishments, if any, are administered to...
  • California Penal Code Section 2081.5
    The Director of Corrections shall keep complete case records of all prisoners under custody of the department, which records shall be made available to the...
  • California Penal Code Section 2082
    The Director of Corrections shall within 30 days after receiving persons convicted of crime and sentenced to serve terms in the respective prisons under the...
  • California Penal Code Section 2084
    The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with...
  • California Penal Code Section 2085
    The department shall keep a correct account of all money and valuables upon the prisoner when delivered at the prison, and shall pay the amount,...
  • California Penal Code Section 2085.5
    (a) In any case in which a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as...
  • California Penal Code Section 2086
    The wardens may make temporary rules and regulations, in case of emergency, to remain in force until the department otherwise provides.
  • California Penal Code Section 2087
    The wardens shall perform such other duties as may be prescribed by the department.
  • California Penal Code Section 2090
    The department is hereby authorized to receive from the Federal Government any federal prisoner and to charge and receive from the United States, for the...
  • California Penal Code Section 2540
    No officer or employee of the department shall receive directly, or indirectly, any compensation for his services other than that prescribed or authorized by law...
  • California Penal Code Section 2541
    No officer or employee of the department, or contractor, or employee of a contractor, shall, without permission of the director, make any gift or present...
  • California Penal Code Section 2600
    (a) A person sentenced to imprisonment in a state prison or to imprisonment pursuant to subdivision (h) of Section 1170 may during that period of...
  • California Penal Code Section 2601
    Subject only to the provisions of that section, each person described in Section 2600 shall have the following civil rights: (a) Except as provided in...
  • California Penal Code Section 2602
    (a) Except as provided in subdivision (b), no person sentenced to imprisonment or housed in a state prison shall be administered any psychiatric medication without...
  • California Penal Code Section 2603
    (a) Except as provided in subdivision (b), no person sentenced to imprisonment in a county jail shall be administered any psychiatric medication without his or...
  • California Penal Code Section 2620
    When it is necessary to have a person imprisoned in the state prison brought before any court to be tried for a felony, or for...
  • California Penal Code Section 2621
    When the testimony of a material witness is required in a criminal action, before any court in this state, or in an examination before a...
  • California Penal Code Section 2621.5
    The provisions of Sections 2620 and 2621 which impose a charge upon the counties shall not apply to cases coming within the provisions of Section
  • California Penal Code Section 2622
    When the order for personal appearance is not made pursuant to Section 2620 or Section 2621 the deposition of the prisoner may be taken in...
  • California Penal Code Section 2623
    If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the...
  • California Penal Code Section 2624
    (a) Notwithstanding any other provision of law, a court may, upon the submission of a written request by the party calling the witness, order an...
  • California Penal Code Section 2625
    (a) For the purposes of this section only, the term "prisoner" includes any individual in custody in a state prison, the California Rehabilitation Center, or...
  • California Penal Code Section 2626
    (a) The Department of Corrections and Rehabilitation is authorized to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a...
  • California Penal Code Section 2635
    The Department of Corrections and Rehabilitation shall review informational handbooks regarding sexual abuse in detention published by outside organizations. Upon approving the content thereof, handbooks...
  • California Penal Code Section 2636
    For the purposes of this section, all references to classification of wards shall take effect upon the adoption of a classification system for wards developed...
  • California Penal Code Section 2637
    The Department of Corrections and Rehabilitation shall ensure that its protocols for responding to sexual abuse include all of the following: (a) The safety of...
  • California Penal Code Section 2638
    Thoughtful, confidential standards of physical and mental health care shall be implemented to reduce the impact of sexual abuse on inmates and wards in the...
  • California Penal Code Section 2639
    The Department of Corrections and Rehabilitation shall ensure that the following procedures are performed in the investigation and prosecution of sexual abuse incidents: (a) The...
  • California Penal Code Section 2640
    The Department of Corrections and Rehabilitation shall collect data as follows: (a) The Department of Corrections and Rehabilitation shall keep statistics on the sexual abuse...
  • California Penal Code Section 2641
    (a) The Office of the Sexual Abuse in Detention Elimination Ombudsperson is hereby created in state government to ensure the impartial resolution of inmate and...
  • California Penal Code Section 2642
    The Department of Corrections and Rehabilitation shall: Develop guidelines for allowing outside organizations and service agencies to offer resources to inmates and wards, including, but...
  • California Penal Code Section 2643
    The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other...
  • California Penal Code Section 2650
    The person of a prisoner sentenced to imprisonment in the state prison or to imprisonment pursuant to subdivision (h) of Section 1170 is under the...
  • California Penal Code Section 2651
    No punishment, except as may be authorized by the Director of Corrections, shall be inflicted and then only by the order and under the direction...
  • California Penal Code Section 2652
    It shall be unlawful to use in the prisons, any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of...
  • California Penal Code Section 2652.5
    No person employed by the Department of Corrections, the Department of the Youth Authority, or any city or county jail facility shall place any chain...
  • California Penal Code Section 2653
    (a) If a physician employed by the Department of Corrections or the Department of the Youth Authority certifies in writing that a particular medical treatment...
  • California Penal Code Section 2656
    (a) A person sentenced to incarceration or who is being held pursuant to a pending criminal matter in a county or city jail, or other...
  • California Penal Code Section 2657
    (a) No person confined in a state prison, as defined in Section 4504, shall be subject to any institutional disciplinary action subsequent to an acquittal...
  • California Penal Code Section 2670
    It is hereby recognized and declared that all persons, including all persons involuntarily confined, have a fundamental right against enforced interference with their thought processes,...
  • California Penal Code Section 2670.5
    (a) No person confined or detained under Title 1 (commencing with Section 2000) and Title 2 (commencing with Section 3200) shall be administered or subjected...
  • California Penal Code Section 2671
    (a) Notwithstanding Section 2670.5, if a confined person has inflicted or attempted to inflict substantial physical harm upon the person of another or himself, or...
  • California Penal Code Section 2672
    (a) For purposes of this article, "informed consent" means that a person must knowingly and intelligently, without duress or coercion, and clearly and explicitly manifest...
  • California Penal Code Section 2673
    (a) For purposes of this article, "informed consent" requires that the attending physician directly communicate with the person and clearly and explicitly provide all the...
  • California Penal Code Section 2674
    A written manifestation of informed consent shall be obtained in all cases by the attending physician and shall be preserved and available to the person,...
  • California Penal Code Section 2675
    (a) If the proposed organic therapy is not prohibited by subdivision (a) or (b) of Section 2670.5, then in order to administer the therapy the...
  • California Penal Code Section 2676
    (a) Any person, or his or her attorney, guardian, or conservator may file a petition with the superior court of the county in which he...
  • California Penal Code Section 2677
    At the time of filing of a petition pursuant to Section 2676 by the person, or pursuant to Section 2675 by the warden, the court...
  • California Penal Code Section 2678
    The court shall conduct the proceedings within 10 judicial days from the filing of the petition described in Section 2675 or 2676, whichever is filed...
  • California Penal Code Section 2679
    (a) The court shall determine whether the state has proven, by clear and convincing evidence, that the confined person has the capacity for informed consent...
  • California Penal Code Section 2680
    (a) If it is determined by the attending physician that a confined person should be administered organic therapy, the person shall be advised and informed...
  • California Penal Code Section 2684
    (a) If, in the opinion of the Secretary of the Department of Corrections and Rehabilitation, the rehabilitation of any mentally ill, mentally deficient, or insane...
  • California Penal Code Section 2685
    Upon the receipt of a prisoner, as herein provided, the superintendent of the state hospital shall notify the Director of Corrections of that fact, giving...
  • California Penal Code Section 2690
    (a) The Secretary of the Department of Corrections and Rehabilitation may authorize the temporary removal of any inmate from prison or any other institution for...
  • California Penal Code Section 2690.5
    (a) The superior court of the county in which a requesting district attorney or peace officer has jurisdiction may order the temporary removal of a...
  • California Penal Code Section 2691
    No person imprisoned for a felony listed in Section 667.6 shall be removed or released under Section 2690 from the detention institution where he or...
  • California Penal Code Section 2692
    The Director of Corrections may enter into contracts with public or private agencies located either within or outside of the state for the housing, care,...
  • California Penal Code Section 2694
    The Department of Corrections and Rehabilitation shall expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of...
  • California Penal Code Section 2695
    The Department of Corrections and Rehabilitation shall develop guidance policies relative to the release of veterans who are inmates. The policies shall be developed with...
  • California Penal Code Section 2700
    The Department of Corrections shall require of every able-bodied prisoner imprisoned in any state prison as many hours of faithful labor in each day and...
  • California Penal Code Section 2701
    (a) The Department of Corrections is hereby authorized and empowered to cause the prisoners in the state prisons of this state to be employed in...
  • California Penal Code Section 2702
    No person imprisoned after conviction of a violation of Section 502 or of subdivision (b) of Section 502.7 shall be permitted to work on or...
  • California Penal Code Section 2706
    All prisoners shall be employed under supervision of the wardens respectively, and such skilled foremen as they may deem necessary in the performance of work...
  • California Penal Code Section 2707
    The director is further authorized and empowered to purchase, install, and equip, such machinery, tools, supplies, materials, and equipment as may be necessary to carry...
  • California Penal Code Section 2708
    No inmate of any State prison shall be employed in the manufacture or production, of any article, intended for the private and personal use of...
  • California Penal Code Section 2713
    Whenever an inmate is paid for his labor, performed under the supervision of the Department of Corrections or any other public agency, and is discharged,...
  • California Penal Code Section 2713.1
    In addition to any other payment to which he is entitled by law, each prisoner upon his release shall be paid the sum of two...
  • California Penal Code Section 2713.2
    The Department of Corrections and Rehabilitation shall examine and report to the Legislature on whether the provisions of existing law related to payments to inmates...
  • California Penal Code Section 2715
    Land belonging to the State of California may, with the approval of the Department of Finance, be transferred to the jurisdiction of the director for...
  • California Penal Code Section 2716
    (a) The Director of Corrections may enter into agreements with other state agencies for the use of inmates confined in the state prisons to perform...
  • California Penal Code Section 2717
    The Department of Corrections shall require prisoners who are working outside the prison grounds in road cleanup crews pursuant to Article 4 (commencing with Section...
  • California Penal Code Section 2717.1
    Definitions. (a) For the purposes of this section, joint venture program means a contract entered into between the Director of Corrections and any public entity,...
  • California Penal Code Section 2717.2
    The Director of Corrections shall establish joint venture programs within state prison facilities to allow joint venture employers to employ inmates confined in the state...
  • California Penal Code Section 2717.3
    The Director of Corrections shall prescribe by rules and regulations provisions governing the operation and implementation of joint venture programs, which shall be in furtherance...
  • California Penal Code Section 2717.4
    (a) There is hereby established within the Department of Corrections the Joint Venture Policy Advisory Board. The Joint Venture Policy Advisory Board shall consist of...
  • California Penal Code Section 2717.5
    In establishing joint venture contracts the Director of Corrections shall consider the impact on the working people of California and give priority consideration to inmate...
  • California Penal Code Section 2717.6
    (a) No contract shall be executed with a joint venture employer that will initiate employment by inmates in the same job classification as non-inmate employees...
  • California Penal Code Section 2717.7
    Notwithstanding Section 2812 of the Penal Code or any other provision of law which restricts the sale of inmate-provided services or inmate-manufactured goods, services performed...
  • California Penal Code Section 2717.8
    The compensation of prisoners engaged in programs pursuant to contract between the Department of Corrections and joint venture employers for the purpose of conducting programs...
  • California Penal Code Section 2717.9
    Notwithstanding any other provision of law, a prisoner who participates in a joint venture program is ineligible for unemployment benefits upon his or her release...
  • California Penal Code Section 2760
    The Department of Transportation of the State of California may employ or cause to be employed, prisoners confined in the state prisons in the improvement...
  • California Penal Code Section 2760.1
    "Department," as used in this article, means the Department of Transportation.
  • California Penal Code Section 2761
    The Director of Corrections shall determine which prisoners shall be eligible for employment by the Department of Transportation in the improvement and maintenance of state...
  • California Penal Code Section 2762
    The Director of Corrections shall fix a daily rate to be expended for convict labor, and when so fixed, the Department of Transportation shall monthly...
  • California Penal Code Section 2765
    When any prisoner shall wilfully violate the terms of his employment or the rules and regulations of the Department of Corrections, the Director of Corrections...
  • California Penal Code Section 2766
    This article is not intended to restore, in whole or in part, the civil rights of any prisoner used hereunder, and such article shall not...
  • California Penal Code Section 2767
    No prisoner while engaged in such construction, maintenance and improvement of a state highway shall drive a motor truck or other vehicle or wagon outside...
  • California Penal Code Section 2768
    Said prisoners when employed under the provisions of this article shall not be used for the purpose of building any bridge or structure of like...
  • California Penal Code Section 2770
    The Department of Transportation shall designate and supervise all road work done under the provisions of this article. It shall provide, supervise and maintain necessary...
  • California Penal Code Section 2771
    The Director of Corrections shall have full jurisdiction at all times over the discipline and control of the prisoners employed on said roads.
  • California Penal Code Section 2772
    Any person who, without authority, interferes with or in any way interrupts the work of any prisoners employed pursuant to this article, and any person...
  • California Penal Code Section 2780
    Any department, division, bureau, commission or other agency of the State of California or the Federal Government may use or cause to be used convicts...
  • California Penal Code Section 2780.1
    Money received from the rendering of services under the prison camp work program shall be paid to the Treasurer monthly and shall be credited to...
  • California Penal Code Section 2780.5
    The Director of Corrections may, during declared fire emergencies, allow the Director of the Department of Forestry and Fire Protection to use prisoners for fire...
  • California Penal Code Section 2781
    The Director of Corrections shall determine which prisoners shall be eligible for employment under Section 2780, and shall establish and modify lists of prisoners eligible...
  • California Penal Code Section 2782
    The director may fix a daily rate to be expended for such convict labor, and when so fixed, the agency shall monthly set aside funds...
  • California Penal Code Section 2785
    Whenever prisoners are paid for their labor under this article and a prisoner wilfully violates the terms of his employment or the rules of the...
  • California Penal Code Section 2786
    All money received pursuant to this article in the Inmate Welfare Fund of the Department of Corrections and Rehabilitation is hereby appropriated for educational, recreational,...
  • California Penal Code Section 2786.1
    The secretary shall make weight training equipment available to inmates assigned to fire suppression efforts pursuant to this article. The weight training equipment shall be...
  • California Penal Code Section 2787
    The agency providing work for convicts under this article shall designate and supervise all work done under the provisions of this article. The agency shall...
  • California Penal Code Section 2788
    The director shall have full jurisdiction at all times over the discipline and control of the convicts performing work under this article.
  • California Penal Code Section 2790
    Any person, who, without authority, interferes with or in any way interrupts the work of any convict used pursuant to this article and any person...
  • California Penal Code Section 2791
    This article is not intended to restore, in whole or in part, the civil rights of any convict used hereunder, and such article shall not...
  • California Penal Code Section 2792
    Camps may be established under this article for the employment of paroled prisoners.
  • California Penal Code Section 2800
    Commencing July 1, 2005, there is hereby continued in existence within the Department of Corrections and Rehabilitation the Prison Industry Authority. As used in this...
  • California Penal Code Section 2801
    The purposes of the authority are: (a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the...
  • California Penal Code Section 2802
    Commencing July 1, 2005, there is hereby continued in existence within the Department of Corrections and Rehabilitation a Prison Industry Board. The board shall consist...
  • California Penal Code Section 2803
    The Secretary of the Department Corrections and Rehabilitation shall be the chairperson of the board. The chairperson shall be the administrative head of the board...
  • California Penal Code Section 2804
    The appointed members of the board shall receive a per diem to be determined by the chairperson, but not less than the usual per diem...
  • California Penal Code Section 2805
    The authority shall assume jurisdiction over the operation of all industrial, agricultural, and service operations formerly under the jurisdiction of the Correctional Industries Commission. In...
  • California Penal Code Section 2806
    There is hereby constituted a permanent revolving fund in the sum of not less than seven hundred thirty thousand dollars ($730,000), to be known as...
  • California Penal Code Section 2807
    (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state,...
  • California Penal Code Section 2808
    The board, in the exercise of its duties, shall have all of the powers and do all of the things that the board of directors...
  • California Penal Code Section 2809
    Notwithstanding any other provision of law, commencing July 1, 2005, the authority may recruit and employ civilian staff that may be necessary to carry out...
  • California Penal Code Section 2810
    Commencing July 1, 2005, the general manager, with the approval of the Department of Finance, may authorize the borrowing of money by the authority for...
  • California Penal Code Section 2810.5
    Notwithstanding any other provision of law, commencing July 1, 2005, the Pooled Money Investment Board, or its successor, may grant loans to the authority when...
  • California Penal Code Section 2811
    Commencing July 1, 2005, the general manager shall adopt and maintain a compensation schedule for inmate employees. That compensation schedule shall be based on quantity...
  • California Penal Code Section 2812
    It is unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or...
  • California Penal Code Section 2813
    The director may provide for the manufacture of small articles of handiwork by the prisoners out of raw materials purchased by the prisoners with their...
  • California Penal Code Section 2813.5
    Notwithstanding any other provision of this chapter except subdivision (i) of Section 2808, and notwithstanding subdivision (l) of Section 22851.3 of the Vehicle Code, the...
  • California Penal Code Section 2814
    Notwithstanding any provision of this chapter, products and byproducts of agricultural and animal husbandry enterprises, except nursery stock, may be sold to private persons, at...
  • California Penal Code Section 2815
    Commencing July 1, 2005, the authority may, under rules prescribed by the Secretary of the Department of Corrections and Rehabilitation, dispose of products developed from...
  • California Penal Code Section 2816
    With the approval of the Department of Finance, there shall be transferred to, or deposited in, the Prison Industries Revolving Fund for purposes authorized by...
  • California Penal Code Section 2817
    The Inmate and Ward Construction Revolving Account is hereby created in the Prison Industries Revolving Fund, established in Section 2806, to receive funds transferred or...
  • California Penal Code Section 2818
    The New Industries Revolving Account is hereby created in the Prison Industries Revolving Fund to receive General Fund or other public money transferred or deposited...
  • California Penal Code Section 2880
    To the extent and insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of...
  • California Penal Code Section 2881
    No person, firm, partnership, association or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares...
  • California Penal Code Section 2882
    It is hereby specifically provided that any article of prison-made goods, wares or merchandise, as described in the preceding section, may be labeled by the...
  • California Penal Code Section 2883
    The size and type of such stenciling or label must be consistent with the size and character of the merchandise to which such stenciling or...
  • California Penal Code Section 2884
    No person, firm, partnership, association or corporation within this state shall sell or offer, trade, consign, keep, expose, or display for sale any goods, wares...
  • California Penal Code Section 2885
    No person, firm, partnership, association, or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares...
  • California Penal Code Section 2886
    Any person, firm, partnership, association or corporation within this State, when advertising in any periodical or publication any goods, wares or merchandise made in whole...
  • California Penal Code Section 2887
    Any person, firm, partnership, association or corporation violating the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be...
  • California Penal Code Section 2888
    The State Superintendent of Weights and Measures or any deputy or inspector authorized by him, shall have access to any premises or any records held...
  • California Penal Code Section 2889
    The enforcement of the provisions of this article shall be under the supervision of the State Superintendent of Weights and Measures.
  • California Penal Code Section 2890
    The provisions of this article shall not apply to any goods, wares or merchandise manufactured in any penitentiary or prison of this State.
  • California Penal Code Section 2891
    No person or corporation may sell, expose for sale or offer for sale any goods, wares or merchandise manufactured, produced or mined wholly or in...
  • California Penal Code Section 2900
    (a) The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant into...
  • California Penal Code Section 2900.1
    Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which...
  • California Penal Code Section 2900.5
    (a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to,...
  • California Penal Code Section 2901
    It is hereby made the duty of the wardens of the State prisons to receive persons sentenced to imprisonment in a State prison, and such...
  • California Penal Code Section 2902
    All criminals sentenced to prison by the authority of the United States or of any state or territory of the United States, may be received...
  • California Penal Code Section 2903
    (a) In any case in which a woman offender can be sentenced to imprisonment in the county jail, or be required to serve a term...
  • California Penal Code Section 2910
    (a) The Secretary of the Department of Corrections and Rehabilitation may enter into an agreement with a city, county, or city and county to permit...
  • California Penal Code Section 2910.5
    (a) Pursuant to Section 2910, the Director of Corrections may enter into a long-term agreement not to exceed 20 years with a city, county, or...
  • California Penal Code Section 2910.6
    The Director of Corrections may enter into an agreement consistent with applicable law for a city, county, or city and county to construct and operate...
  • California Penal Code Section 2911
    (a) The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with appropriate officials or agencies of the...
  • California Penal Code Section 2912
    (a) Under its Foreign Prisoner Transfer Program, the Board of Prison Terms shall devise a method of notifying each foreign born inmate in a prison...
  • California Penal Code Section 2913
    A city shall give notice to, and consult with, the county prior to contracting with the state pursuant to Section 2910 of this code or...
  • California Penal Code Section 2915
    (a) The Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state....
  • California Penal Code Section 2930
    (a) The Department of Corrections shall inform every prisoner sentenced under Section 1170, for a crime committed prior to January 1, 1983, not later than...
  • California Penal Code Section 2931
    (a) In any case in which a prisoner was sentenced to the state prison pursuant to Section 1170, or if he committed a felony before...
  • California Penal Code Section 2932
    (a) (1) For any time credit accumulated pursuant to Section 2931 or 2933, not more than 360 days of credit may be denied or lost...
  • California Penal Code Section 2932.5
    A prisoner who is found by a trial court to be a vexatious litigant as defined by Section 391 of the Code of Civil Procedure,...
  • California Penal Code Section 2933
    (a) It is the intent of the Legislature that persons convicted of a crime and sentenced to the state prison under Section 1170 serve the...
  • California Penal Code Section 2933.05
    (a) In addition to any credit awarded pursuant to Section 2933, the department may also award a prisoner program credit reductions from his or her...
  • California Penal Code Section 2933.1
    (a) Notwithstanding any other law, any person who is convicted of a felony offense listed in subdivision (c) of Section 667.5 shall accrue no more...
  • California Penal Code Section 2933.2
    (a) Notwithstanding Section 2933.1 or any other law, any person who is convicted of murder, as defined in Section 187, shall not accrue any credit,...
  • California Penal Code Section 2933.3
    (a) Notwithstanding any other law, any inmate assigned to a conservation camp by the Department of Corrections and Rehabilitation, who is eligible to earn one...
  • California Penal Code Section 2933.5
    (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted...
  • California Penal Code Section 2933.6
    (a) Notwithstanding any other law, a person who is placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation...
  • California Penal Code Section 2934
    Under rules prescribed by the Secretary of the Department of Corrections and Rehabilitation, a prisoner subject to the provisions of Section 2931 may waive the...
  • California Penal Code Section 2935
    Under the guidelines prescribed by the rules and regulations of the director, the Secretary of the Department of Corrections and Rehabilitation may grant up to...
  • California Penal Code Section 2947
    Any person who knowingly and willfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a...
  • California Penal Code Section 2960
    The Legislature finds that there are prisoners who have a treatable, severe mental disorder that was one of the causes of, or was an aggravating...
  • California Penal Code Section 2962
    As a condition of parole, a prisoner who meets the following criteria shall be required to be treated by the State Department of State Hospitals,...
  • California Penal Code Section 2963
    (a) Upon a showing of good cause, the Board of Parole Hearings may order that a person remain in custody for no more than 45...
  • California Penal Code Section 2964
    (a) The treatment required by Section 2962 shall be inpatient unless the State Department of State Hospitals certifies to the Board of Parole Hearings that...
  • California Penal Code Section 2966
    (a) A prisoner may request a hearing before the Board of Prison Terms, and the board shall conduct a hearing if so requested, for the...
  • California Penal Code Section 2968
    If the prisoner's severe mental disorder is put into remission during the parole period, and can be kept in remission, the Director of State Hospitals...
  • California Penal Code Section 2970
    (a) Not later than 180 days prior to the termination of parole, or release from prison if the prisoner refused to agree to treatment as...
  • California Penal Code Section 2972
    (a) The court shall conduct a hearing on the petition under Section 2970 for continued treatment. The court shall advise the person of his or...
  • California Penal Code Section 2972.1
    (a) Outpatient status for persons committed pursuant to Section 2972 shall be for a period not to exceed one year. Pursuant to Section 1606, at...
  • California Penal Code Section 2974
    Before releasing any inmate or terminating supervision of any parolee who is a danger to self or others, or gravely disabled as a result of...
  • California Penal Code Section 2976
    (a) The cost of inpatient or outpatient treatment under Section 2962 or 2972 shall be a state expense while the person is under the jurisdiction...
  • California Penal Code Section 2978
    (a) Any independent professionals appointed by the Board of Parole Hearings for purposes of this article shall not be state government employees; shall have at...
  • California Penal Code Section 2980
    This article applies to persons who committed their crimes on and after January 1, 1986.
  • California Penal Code Section 2981
    For the purpose of proving the fact that a prisoner has received 90 days or more of treatment within the year prior to the prisoner's...
  • California Penal Code Section 2985
    It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees...
  • California Penal Code Section 2985.1
    For purposes of this article, the following definitions shall apply: (a) "Department" means the Department of Corrections and Rehabilitation. (b) "Supportive housing" has the same...
  • California Penal Code Section 2985.2
    (a) Pursuant to Section 3073, the Department of Corrections and Rehabilitation shall provide a supportive housing program that provides wraparound services to mentally ill parolees...
  • California Penal Code Section 2985.3
    (a) Each provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability...
  • California Penal Code Section 2985.4
    (a) Providers shall identify and locate supportive housing and transitional housing opportunities for participants prior to release from state prison or as quickly upon release...
  • California Penal Code Section 2985.5
    (a) Each provider shall report to the department regarding the intended outcomes of the program, including all of the following: (1) The number of participants...
  • California Penal Code Section 3000
    (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to...
  • California Penal Code Section 3000.03
    Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not return to prison, place a parole hold on pursuant to Section...
  • California Penal Code Section 3000.05
    (a) The Department of Corrections may contract with a private debt collection agency or with the Franchise Tax Board, whichever is more cost-effective, to make...
  • California Penal Code Section 3000.07
    (a) Every inmate who has been convicted for any felony violation of a "registerable sex offense" described in subdivision (c) of Section 290 or any...
  • California Penal Code Section 3000.08
    (a) A person released from state prison prior to or on or after July 1, 2013, after serving a prison term, or whose sentence has...
  • California Penal Code Section 3000.09
    (a) Notwithstanding any other law, any parolee who was paroled from state prison prior to October 1, 2011, shall be subject to this section. (b)...
  • California Penal Code Section 3000.1
    (a) (1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term...
  • California Penal Code Section 3001
    (a) (1) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was not...
  • California Penal Code Section 3002
    In considering the imposition of conditions of parole upon a prisoner convicted of violating any section of this code in which a minor is a...
  • California Penal Code Section 3003
    (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with...
  • California Penal Code Section 3003.5
    (a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment in state prison for...
  • California Penal Code Section 3003.6
    (a) Every person who is required to register pursuant to Section 290, based upon the commission of an offense against a minor, is prohibited from...
  • California Penal Code Section 3004
    (a) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a condition of release on...
  • California Penal Code Section 3006
    (a) The Department of Corrections may require parolees participating in relapse prevention treatment programs or receiving medication treatments intended to prevent them from committing sex...
  • California Penal Code Section 3007
    The Department of Corrections and Rehabilitation shall require a research component for any sex offender treatment contract funded by the department. The research component shall...
  • California Penal Code Section 3008
    (a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the...
  • California Penal Code Section 3010
    (a) Notwithstanding any other provisions of law, the Department of Corrections and Rehabilitation may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons...
  • California Penal Code Section 3010.1
    The department may utilize a continuous electronic monitoring device, as distinguished from an electronic monitoring device as described in Section 3004, pursuant to this section...
  • California Penal Code Section 3010.2
    (a) A continuous electronic monitoring system may have the capacity to immediately notify the department of violations, actual or suspected, of the terms of parole...
  • California Penal Code Section 3010.3
    The department shall establish the following standards as are necessary to enhance public safety: (a) Standards for the minimum time interval between transmissions of information...
  • California Penal Code Section 3010.4
    (a) The department, operating a system of continuous electronic monitoring pursuant to this section, shall establish prohibitions against unauthorized access to, and use of, information...
  • California Penal Code Section 3010.5
    (a) The department shall have the sole discretion to decide which persons shall be supervised using continuous electronic monitoring administered by the department. No individual...
  • California Penal Code Section 3010.6
    A parole officer may revoke, in his or her discretion, the continuous monitoring of any individual.
  • California Penal Code Section 3010.7
    Whenever a parole officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth...
  • California Penal Code Section 3010.8
    (a) The department may charge persons on parole for the costs of any form of supervision that utilizes continuous electronic monitoring devices that monitor the...
  • California Penal Code Section 3010.9
    It is the intent of the Legislature that continuous electronic monitoring established pursuant to this article maintain the highest public confidence, credibility, and public safety....
  • California Penal Code Section 3010.10
    (a) A person who is required to register as a sex offender pursuant to Section 290 shall not remove or disable, or permit another to...
  • California Penal Code Section 3015
    (a) The Secretary of the Department of Corrections and Rehabilitation shall establish a parole reentry accountability program for parolees who have been sentenced to a...
  • California Penal Code Section 3020
    The Department of Corrections and Rehabilitation shall conduct assessments of all inmates that include, but are not limited to, data regarding the inmate's history of...
  • California Penal Code Section 3021
    A credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate pursuant to Section...
  • California Penal Code Section 3040
    The Board of Prison Terms shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to...
  • California Penal Code Section 3041
    (a) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part...
  • California Penal Code Section 3041.1
    Up to 90 days prior to a scheduled release date, the Governor may request review of any decision by a parole authority concerning the grant...
  • California Penal Code Section 3041.2
    (a) During the 30 days following the granting, denial, revocation, or suspension by a parole authority of the parole of a person sentenced to an...
  • California Penal Code Section 3041.5
    (a) At all hearings for the purpose of reviewing a prisoner' s parole suitability, or the setting, postponing, or rescinding of parole dates, with the...
  • California Penal Code Section 3041.7
    At any hearing for the purpose of setting, postponing, or rescinding a parole release date of a prisoner under a life sentence, the prisoner shall...
  • California Penal Code Section 3042
    (a) At least 30 days before the Board of Prison Terms meets to review or consider the parole suitability or the setting of a parole...
  • California Penal Code Section 3043
    (a) (1) Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review...
  • California Penal Code Section 3043.1
    Notwithstanding any other provision of law, a victim, his or her next of kin, or any immediate family member of the victim who appears at...
  • California Penal Code Section 3043.2
    (a) (1) In lieu of personal appearance at any hearing to review the parole suitability or the setting of a parole date, the Board of...
  • California Penal Code Section 3043.25
    Any victim, next of kin, members of the victim's immediate family, or representatives designated for a particular hearing by the victim or next of kin...
  • California Penal Code Section 3043.3
    As used in Sections 3043, 3043.1, 3043.2, and 3043.25, the term "immediate family" shall include the victim's spouse, parent, grandparent, brother, sister, and children or...
  • California Penal Code Section 3043.5
    (a) This section shall be known as the "Condit-Nolan Public Participation in Parole Act of 1984." (b) Any person interested in the grant or denial...
  • California Penal Code Section 3043.6
    Any person authorized to appear at a parole hearing pursuant to Section 3043, or a prosecutor authorized to represent the views of the victim, his...
  • California Penal Code Section 3044
    (a) Notwithstanding any other law, the Board of Parole Hearings or its successor in interest shall be the state's parole authority and shall be responsible...
  • California Penal Code Section 3045
    Any sentence based on conviction of crime of which the person was previously pardoned on the express ground that he was not guilty shall not...
  • California Penal Code Section 3046
    (a) No prisoner imprisoned under a life sentence may be paroled until he or she has served the greater of the following: (1) A term...
  • California Penal Code Section 3049
    In all other cases not heretofore provided for, no prisoner sentenced prior to July 1, 1977 may be paroled until he has served the minimum...
  • California Penal Code Section 3049.5
    Notwithstanding the provisions of Section 3049, any prisoner selected for inclusion in a specific research program approved by the Board of Corrections may be paroled...
  • California Penal Code Section 3050
    (a) Notwithstanding any other provision of law, any inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving and...
  • California Penal Code Section 3051
    (a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of...
  • California Penal Code Section 3052
    The Board of Prison Terms shall have the power to establish and enforce rules and regulations under which prisoners committed to state prisons may be...
  • California Penal Code Section 3053
    (a) The Board of Prison Terms upon granting any parole to any prisoner may also impose on the parole any conditions that it may deem...
  • California Penal Code Section 3053.2
    (a) Upon the request of the victim, or the victim's parent or legal guardian if the victim is a minor, the Board of Parole Hearings...
  • California Penal Code Section 3053.4
    In the case of any person who is released from prison on parole or after serving a term of imprisonment for any felony offense committed...
  • California Penal Code Section 3053.5
    Upon granting parole to any prisoner convicted of any of the offenses enumerated in Section 290, the Board of Prison Terms shall inquire into the...
  • California Penal Code Section 3053.6
    (a) Where a person committed to prison for a sex crime for which registration is required pursuant to Section 290 is to be released on...
  • California Penal Code Section 3053.8
    (a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment for any of the...
  • California Penal Code Section 3054
    (a) (1) The Department of Corrections shall establish three pilot programs that provide intensive training and counseling programs for female parolees to assist in the...
  • California Penal Code Section 3056
    (a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b)...
  • California Penal Code Section 3057
    (a) Confinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall...
  • California Penal Code Section 3058
    Any person who knowingly and wilfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a...
  • California Penal Code Section 3058.4
    (a) All parole officers shall report to the appropriate child protective agency if a person paroled following a conviction of Section 273a, 273ab, or 273d,...
  • California Penal Code Section 3058.5
    The Department of Corrections shall provide within 10 days, upon request, to the chief of police of a city or the sheriff of a county,...
  • California Penal Code Section 3058.6
    (a) Whenever any person confined to state prison is serving a term for the conviction of a violent felony listed in subdivision (c) of Section...
  • California Penal Code Section 3058.61
    Whenever any person confined to state prison is serving a term for a conviction of Section 646.9, the Department of Corrections shall notify by mail,...
  • California Penal Code Section 3058.65
    (a) (1) Whenever any person confined in the state prison is serving a term for the conviction of child abuse, pursuant to Section 273a, 273ab,...
  • California Penal Code Section 3058.7
    (a) Whenever any sheriff or chief of police is notified of the pending release of a convicted violent felon pursuant to Section 3058.6, that sheriff...
  • California Penal Code Section 3058.8
    (a) At the time a notification is sent pursuant to subdivision (a) of Section 3058.6, the Board of Parole Hearings or the Department of Corrections...
  • California Penal Code Section 3058.9
    (a) Whenever any person confined to state prison is serving a term for the conviction of child abuse pursuant to Section 273a, 273ab, 273d, or...
  • California Penal Code Section 3059
    If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an...
  • California Penal Code Section 3060.1
    Upon the revocation of the parole of any prisoner who was ordered by the court to pay an additional restitution fine pursuant to Section 1202.45,...
  • California Penal Code Section 3060.5
    Notwithstanding any other provision of law, the parole authority shall revoke the parole of any prisoner who refuses to sign any form required by the...
  • California Penal Code Section 3060.6
    Notwithstanding any other provision of law, on or after January 1, 2001, whenever any paroled person is returned to custody or has his or her...
  • California Penal Code Section 3060.7
    (a) (1) Notwithstanding any other law, the supervising parole agency shall notify any person released on parole or postrelease community supervision pursuant to Title 2.05...
  • California Penal Code Section 3060.9
    (a) The Department of Corrections and Rehabilitation is hereby authorized to expand the use of parole programs or services to improve the rehabilitation of parolees,...
  • California Penal Code Section 3062
    The Governor of the state shall have like power to revoke the parole of any prisoner. The written authority of the Governor shall likewise be...
  • California Penal Code Section 3063
    No parole shall be suspended or revoked without cause, which cause must be stated in the order suspending or revoking the parole.
  • California Penal Code Section 3063.1
    (a) Notwithstanding any other provision of law, and except as provided in subdivision (d), parole may not be suspended or revoked for commission of a...
  • California Penal Code Section 3063.2
    In a case where a parolee had been ordered to undergo drug treatment as a condition of parole pursuant to Section 3063.1, any drug testing...
  • California Penal Code Section 3063.5
    In parole revocation or revocation extension proceedings, a parolee or his or her attorney shall receive a copy of any police, arrest, and crime reports,...
  • California Penal Code Section 3063.6
    Parole revocation proceedings and parole revocation extension proceedings may be conducted by a panel of one person.
  • California Penal Code Section 3064
    From and after the suspension or revocation of the parole of any prisoner and until his return to custody he is an escapee and fugitive...
  • California Penal Code Section 3065
    Except as otherwise provided in Section 1170.2 and Article 1 (commencing with Section 3000) of this chapter, the provisions of this article are to apply...
  • California Penal Code Section 3066
    Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government...
  • California Penal Code Section 3067
    (a) Any inmate who is eligible for release on parole pursuant to this chapter or postrelease community supervision pursuant to Title 2.05 (commencing with Section...
  • California Penal Code Section 3068
    (a) The Department of Corrections shall operate the Preventing Parolee Crime Program with various components, including, at a minimum, residential and nonresidential multiservice centers, literacy...
  • California Penal Code Section 3069
    (a) The Department of Corrections and Rehabilitation is hereby authorized to create the Parole Violation Intermediate Sanctions (PVIS) program. The purpose of the program shall...
  • California Penal Code Section 3069.5
    (a) The department, in consultation with the Legislative Analyst's Office, shall, contingent upon funding, conduct an evaluation of the PVIS program. (b) A final report...
  • California Penal Code Section 3070
    The Department of Corrections shall develop and report, utilizing existing resources, to the Legislature by December 31, 2000, a plan that would ensure by January...
  • California Penal Code Section 3071
    The Department of Corrections shall implement, by January 1, 2002, a course of instruction for the training of parole officers in California in the management...
  • California Penal Code Section 3072
    (a) The Department of Corrections and Rehabilitation, subject to the legislative appropriation of the necessary funds, may establish and operate, after January 1, 2007, a...
  • California Penal Code Section 3073
    The Department of Corrections and Rehabilitation is hereby authorized to obtain day treatment, and to contract for crisis care services, for parolees with mental health...
  • California Penal Code Section 3073.1
    Counties are hereby authorized to contract with the Department of Corrections and Rehabilitation in order to obtain correctional clinical services for inmates with mental health...
  • California Penal Code Section 3074
    The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship....
  • California Penal Code Section 3075
    (a) There is in each county a board of parole commissioners, consisting of each of the following: (1) The sheriff, or his or her designee,...
  • California Penal Code Section 3076
    (a) The board may make, establish and enforce rules and regulations adopted under this article. (b) The board shall act at regularly called meetings at...
  • California Penal Code Section 3077
    Whenever a prisoner is sentenced in one county and incarcerated in another county, only the county in which he was sentenced shall have jurisdiction to...
  • California Penal Code Section 3078
    (a) The board shall notify the sentencing judge of an inmate' s application for parole. (b) The sentencing judge may make a recommendation regarding such...
  • California Penal Code Section 3079
    (a) No application for parole shall be granted or denied except by a vote of the board at a meeting at which a quorum of...
  • California Penal Code Section 3080
    If any paroled prisoner leaves the county in which he is imprisoned without permission from the board granting his parole, he shall be arrested as...
  • California Penal Code Section 3081
    (a) Each county board may retake and imprison any prisoner upon parole granted under the provisions of this article. (b) Each county board may release...
  • California Penal Code Section 3082
    Each county board may make and establish written rules and regulations for the unconditional release of and may unconditionally release any prisoner who is an...
  • California Penal Code Section 3083
    Whenever the board designates deputies to serve as temporary commissioners in considering applications for parole of prisoners, such temporary commissioners or deputies may also exercise...
  • California Penal Code Section 3084
    Each county board may release to the State Department of Corrections for return to a state prison or correctional institution any county or city jail...
  • California Penal Code Section 3085
    The members of the board may for the purpose of considering applications for parole of prisoners from city or county jails, or industrial farms, or...
  • California Penal Code Section 3086
    Each county board shall not require, when setting terms or discharge dates, an admission of guilt to any crime for which an inmate was committed.
  • California Penal Code Section 3087
    No prisoner shall be paroled without supervision.
  • California Penal Code Section 3088
    A prisoner who is released on parole pursuant to this article shall be supervised by a county parole officer of the county board of parole
  • California Penal Code Section 3089
    (a) A county parole officer who is not a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part...
  • California Penal Code Section 3105
    The Department of Corrections and Rehabilitation shall develop an Inmate Treatment and Prison-to-Employment Plan. The plan should evaluate and recommend changes to the Governor and...
  • California Penal Code Section 3200
    There is and shall continue to be within the State an institution for the punishment, treatment, supervision, custody and care of females convicted of felonies...
  • California Penal Code Section 3201
    The purpose of said institution shall be to provide custody, care, protection, industrial, vocational, and other training, and reformatory help, for women confined therein.
  • California Penal Code Section 3202
    As used in the sections of this Part 3 of the Penal Code providing for penal offenses and punishments therefor, the term "State prison" or...
  • California Penal Code Section 3325
    The warden described in this chapter shall, subject to the control of the director, have those powers, perform those duties and exercise those functions, respecting...
  • California Penal Code Section 3326
    The department is authorized to provide the necessary facilities, equipment, and personnel to operate a commissary at any institution under its jurisdiction for the sale...
  • California Penal Code Section 3400
    Upon the commitment or transfer of any woman to the institution it shall be the duty of the officer having custody of her or required...
  • California Penal Code Section 3402
    There shall be kept at said institution a record of the history and progress of every woman confined therein during the period of her confinement,...
  • California Penal Code Section 3403
    Every woman upon being committed to said institution shall be examined mentally and physically, and shall be given the care, treatment and training adapted to...
  • California Penal Code Section 3404
    When there is any reasonable grounds to believe that a prisoner may be forcibly removed from the California Institution for Women, the warden shall report...
  • California Penal Code Section 3405
    No condition or restriction upon the obtaining of an abortion by a prisoner, pursuant to the Therapeutic Abortion Act (Article 2 (commencing with Section 123400)...
  • California Penal Code Section 3406
    Any female prisoner shall have the right to summon and receive the services of any physician and surgeon of her choice in order to determine...
  • California Penal Code Section 3407
    (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or...
  • California Penal Code Section 3409
    (a) Any woman inmate shall upon her request be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual...
  • California Penal Code Section 3410
    The term "community" shall, for the purposes of this chapter, mean an environment away from the prison setting which is in an urban or suburban
  • California Penal Code Section 3411
    The Department of Corrections shall on or before January 1, 1980, establish and implement a community treatment program under which women inmates sentenced to state...
  • California Penal Code Section 3412
    (a) The Department of Corrections shall provide pediatric care consistent with medical standards and, to the extent feasible, shall be guided by the need to...
  • California Penal Code Section 3413
    In determining how to implement this chapter, the Department of Corrections shall be guided by the need to utilize the most cost-efficient methods possible. Therefore,...
  • California Penal Code Section 3414
    The department shall establish reasonable rules and regulations concerning the operation of the program.
  • California Penal Code Section 3415
    (a) The probation department shall, no later than the day that any woman is sentenced to the state prison, notify such woman of the provisions...
  • California Penal Code Section 3416
    (a) If any woman received by or committed to the Department of Corrections has a child under six years of age, or gives birth to...
  • California Penal Code Section 3417
    (a) Subject to reasonable rules and regulations adopted pursuant to Section 3414, the Department of Corrections and Rehabilitation shall admit to the program any applicant...
  • California Penal Code Section 3418
    (a) In the case of any inmate who gave birth to a child after the date of sentencing, and in the case of any inmate...
  • California Penal Code Section 3419
    (a) In the case of any inmate who gives birth after her receipt by the Department of Corrections and Rehabilitation, the department shall, subject to...
  • California Penal Code Section 3420
    (a) Within five days after the receipt of an inmate by the Department of Corrections who has already applied for admission to a program, or...
  • California Penal Code Section 3421
    Children of women inmates may only participate in the program until they reach the age of six years, at which time the Board of Prison...
  • California Penal Code Section 3422
    The costs for care of any mother and child placed in a community treatment program pursuant to this section shall be paid for out of...
  • California Penal Code Section 3423
    Any woman inmate who would give birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the prison...
  • California Penal Code Section 3424
    A woman who is pregnant during her incarceration and who is not eligible for the program described in this chapter shall have access to complete...
  • California Penal Code Section 3430
    The Department of Corrections and Rehabilitation shall do all of the following: (a) Create a Female Offender Reform Master Plan, and shall present this plan...
  • California Penal Code Section 3450
    (a) This act shall be known and may be cited as the Postrelease Community Supervision Act of 2011. (b) The Legislature finds and declares all...
  • California Penal Code Section 3451
    (a) Notwithstanding any other law and except for persons serving a prison term for any crime described in subdivision (b), all persons released from prison...
  • California Penal Code Section 3452
    (a) A person who is eligible for postrelease community supervision pursuant to this title shall be given notice that he or she is subject to...
  • California Penal Code Section 3453
    Postrelease community supervision shall include the following conditions: (a) The person shall be informed of the conditions of release. (b) The person shall obey all...
  • California Penal Code Section 3454
    (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process...
  • California Penal Code Section 3455
    (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454...
  • California Penal Code Section 3456
    (a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain...
  • California Penal Code Section 3456.5
    (a) (1) The local supervising agency, in coordination with the sheriff or local correctional administrator, may require any person that is to be released from...
  • California Penal Code Section 3457
    The Department of Corrections and Rehabilitation shall have no jurisdiction over any person who is under postrelease community supervision pursuant to this title.
  • California Penal Code Section 3458
    No person subject to this title shall be returned to prison for a violation of any condition of the person's postrelease supervision agreement.
  • California Penal Code Section 3460
    (a) Whenever a supervising agency determines that a person subject to postrelease supervision pursuant to this chapter no longer permanently resides within its jurisdiction, and...
  • California Penal Code Section 3465
    Every person placed on postrelease community supervision, and his or her residence and possessions, shall be subject to search or seizure at any time of...
  • California Penal Code Section 3500
    For purposes of this title: (a) "Behaviorial research" means studies involving, but not limited to, the investigation of human behavior, emotion, adaptation, conditioning, and response...
  • California Penal Code Section 3501
    The Legislature affirms the fundamental right of competent adults to make decisions about their participation in behavioral research.
  • California Penal Code Section 3502
    Except as provided in Section 1706 of the Welfare and Institutions Code, no biomedical research shall be conducted on any prisoner in this state.
  • California Penal Code Section 3502.5
    (a) Notwithstanding Section 3502, any physician who provides medical care to prisoners may provide a patient who is a prisoner with a drug or treatment...
  • California Penal Code Section 3504
    Any physical or mental injury of a prisoner resulting from the participation in behavioral research, irrespective of causation of such injury, shall be treated promptly...
  • California Penal Code Section 3505
    Behavioral research shall be limited to studies of the possible causes, effects and processes of incarceration and studies of prisons as institutional structures or of...
  • California Penal Code Section 3508
    Behavioral modification techniques shall be used only if such techniques are medically and socially acceptable means by which to modify behavior and if such techniques...
  • California Penal Code Section 3509.5
    Nothing in this title is intended to diminish the authority of any official or agency to adopt and enforce rules pertaining to prisoners, so long...
  • California Penal Code Section 3515
    The duties of the department are to determine: (a) That the risks to the prisoners consenting to research are outweighed by the sum of benefits...
  • California Penal Code Section 3516
    No behavioral research shall be conducted on any prisoner in this state in the absence of a determination by the department consistent with this title.
  • California Penal Code Section 3517
    The department shall promulgate rules and regulations reasonably necessary for the effective administration of the provisions of this title. Action on proposals submitted shall be...
  • California Penal Code Section 3518
    The department shall promulgate rules and regulations prescribing procedures to be followed by any person who has a grievance concerning the operation of any particular...
  • California Penal Code Section 3519
    The department shall evaluate the impact of research on human subjects approved and conducted pursuant to this title, including any adverse reactions.
  • California Penal Code Section 3520
    The department shall make a report due on or before January 1 of each odd-numbered year containing a review of each research program which has...
  • California Penal Code Section 3521
    For the purposes of this title, a prisoner shall be deemed to have given his informed consent only if each of the following conditions are...
  • California Penal Code Section 3522
    At the time of furnishing a prisoner the writing required by subdivision (b) of Section 3521, the prisoner shall also be given information as to...
  • California Penal Code Section 3523
    The amount of such remuneration shall be comparable to that which is paid to nonprisoner volunteers in similar research.
  • California Penal Code Section 3524
    (a) A prisoner may maintain an action for injury to such prisoner, including physical or mental injury, or both, caused by the wrongful or negligent...
  • California Penal Code Section 3550
    (a) Notwithstanding any other provision of law, except as provided in subdivision (b), any prisoner who the head physician of the institution where the prisoner...
  • California Penal Code Section 3600
    (a) Every male person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the California state prison designated...
  • California Penal Code Section 3601
    Every female person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the Central California Women's Facility, there...
  • California Penal Code Section 3602
    Upon the affirmance of her appeal, the female person sentenced to death shall thereafter be delivered to the warden of the California state prison designated...
  • California Penal Code Section 3603
    The judgment of death shall be executed within the walls of the California State Prison at San Quentin.
  • California Penal Code Section 3604
    (a) The punishment of death shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances...
  • California Penal Code Section 3605
    (a) The warden of the state prison where the execution is to take place shall be present at the execution and shall, subject to any...
  • California Penal Code Section 3607
    After the execution, the warden must make a return upon the death warrant to the clerk of the court by which the judgment was rendered,...
  • California Penal Code Section 3700
    No judge, court, or officer, other than the Governor, can suspend the execution of a judgment of death, except the warden of the State prison...
  • California Penal Code Section 3700.5
    Whenever a court makes and causes to be entered an order appointing a day upon which a judgment of death shall be executed upon a...
  • California Penal Code Section 3701
    If, after his delivery to the warden for execution, there is good reason to believe that a defendant, under judgment of death, has become insane,...
  • California Penal Code Section 3702
    The district attorney must attend the hearing, and may produce witnesses before the jury, for which purpose he may issue process in the same manner...
  • California Penal Code Section 3703
    The verdict of the jury must be entered upon the minutes, and thereupon the court must make and cause to be entered an order reciting...
  • California Penal Code Section 3704
    If it is found that the defendant is sane, the warden must proceed to execute the judgment as specified in the warrant; if it is...
  • California Penal Code Section 3704.5
    Any defendant who, on March 4, 1972, is in a state hospital under court order pursuant to Section 3703, as that section read on March...
  • California Penal Code Section 3705
    If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had...
  • California Penal Code Section 3706
    If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant the...
  • California Penal Code Section 4000
    The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and...
  • California Penal Code Section 4000.5
    Notwithstanding any other provision of law, the sheriff of any county may transfer prisoners committed to any jail of the county to any industrial road...
  • California Penal Code Section 4001
    Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined...
  • California Penal Code Section 4001.1
    (a) No law enforcement or correctional official shall give, offer, or promise to give any monetary payment in excess of fifty dollars ($50) in return...
  • California Penal Code Section 4002
    (a) Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, shall not be kept...
  • California Penal Code Section 4003
    Whenever any weapon or other personal property is taken from an arrested person, it shall be the duty of the desk clerk or other proper...
  • California Penal Code Section 4004
    A prisoner committed to the county jail for examination, or upon conviction for a public offense, must be actually confined in the jail until legally...
  • California Penal Code Section 4004.5
    (a) A city may furnish facilities to be used for holding prisoners held for examination or during trial without cost to the county or upon...
  • California Penal Code Section 4005
    (a) Except as provided in subdivision (b), the sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order...
  • California Penal Code Section 4006
    A sheriff, to whose custody a prisoner is committed as provided in the last section, is answerable for his safekeeping in the courts of the...
  • California Penal Code Section 4006.5
    (a) Notwithstanding any other provision of law, a county board of supervisors or city council may enter into a contract with the federal government, or...
  • California Penal Code Section 4007
    When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the judge of the...
  • California Penal Code Section 4008
    A copy of the appointment, certified by the clerk of the court, must be served on the sheriff or keeper of the jail designated, who...
  • California Penal Code Section 4009
    When a jail is erected in a county for the use of which the designation was made, or its jail is rendered fit and safe...
  • California Penal Code Section 4010
    The clerk of the court must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners...
  • California Penal Code Section 4011
    (a) When it is made to appear to any judge by affidavit of the sheriff or other official in charge of county correctional facilities or...
  • California Penal Code Section 4011.1
    (a) Notwithstanding Section 29602 of the Government Code and any other provisions of this chapter, a county, city or the Department of the Youth Authority...
  • California Penal Code Section 4011.2
    (a) Notwithstanding Section 4011.1, a sheriff, chief or director of corrections, or chief of police is authorized to charge a fee in the amount of...
  • California Penal Code Section 4011.5
    Whenever it appears to a sheriff or jailer that a prisoner in a county jail or a city jail under his charge is in need...
  • California Penal Code Section 4011.6
    In any case in which it appears to the person in charge of a county jail, city jail, or juvenile detention facility, or to any...
  • California Penal Code Section 4011.7
    Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in...
  • California Penal Code Section 4011.8
    A person in custody who has been charged with or convicted of a criminal offense may make voluntary application for inpatient or outpatient mental health...
  • California Penal Code Section 4011.9
    Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in...
  • California Penal Code Section 4011.10
    (a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local...
  • California Penal Code Section 4011.11
    (a) (1) The board of supervisors in each county, in consultation with the county sheriff, may designate an entity or entities to assist county jail...
  • California Penal Code Section 4012
    When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the...
  • California Penal Code Section 4013
    (a) A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his or her custody, is served, shall...
  • California Penal Code Section 4014
    The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary...
  • California Penal Code Section 4015
    (a) The sheriff shall receive all persons committed to jail by competent authority. The board of supervisors shall provide the sheriff with necessary food, clothing,...
  • California Penal Code Section 4016
    Whenever a person is committed upon process in a civil action or proceeding, except when the people of this State are a party thereto, the...
  • California Penal Code Section 4016.5
    A city or county shall be reimbursed by the Department of Corrections and Rehabilitation for costs incurred resulting from the detention of a state prisoner...
  • California Penal Code Section 4017
    All persons confined in the county jail, industrial farm, road camp, or city jail under a final judgment of imprisonment rendered in a criminal action...
  • California Penal Code Section 4017.1
    (a) (1) Except as provided in paragraph (2), any person confined in a county jail, industrial farm, road camp, or city jail who is required...
  • California Penal Code Section 4017.5
    In any case in which a person is confined to a city or county jail for a definite period of time for contempt pursuant to...
  • California Penal Code Section 4018
    The board of supervisors making such order may prescribe and enforce the rules and regulations under which such labor is to be performed; and provide...
  • California Penal Code Section 4018.1
    Subject to the availability of adequate state funding for these purposes, the sheriff of each county shall provide inmates who have been sentenced for drug-related...
  • California Penal Code Section 4018.5
    The sheriff or other official in charge of county correctional facilities may, subject to the approval of the board of supervisors, provide for the vocational...
  • California Penal Code Section 4018.6
    The sheriff of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail, honor...
  • California Penal Code Section 4019
    (a) The provisions of this section shall apply in all of the following cases: (1) When a prisoner is confined in or committed to a...
  • California Penal Code Section 4019.1
    (a) Notwithstanding any other law, the sheriff or county director of corrections may, at his or her discretion, award additional time credits to any inmate...
  • California Penal Code Section 4019.2
    (a) Notwithstanding any other law, any inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn...
  • California Penal Code Section 4019.3
    The board of supervisors may provide that each prisoner confined in or committed to a county jail shall be credited with a sum not to...
  • California Penal Code Section 4019.4
    (a) (1) In addition to credit awarded pursuant to Section 4019, a sheriff or county director of corrections may also award a prisoner program credit...
  • California Penal Code Section 4019.5
    (a) "Kangaroo court" as used in this section means a mock court conducted by any prisoner or group of prisoners for the purpose of inflicting...
  • California Penal Code Section 4020
    Whenever the board of health of any city or county, or the board of supervisors of any county, or the county physician of any county...
  • California Penal Code Section 4020.4
    In every county having a population of more than 275,000, there shall be a female deputy sheriff in charge of female prisoners. The sheriff of...
  • California Penal Code Section 4020.7
    The duties and powers of the female deputy sheriff or other suitable woman assigned to jail duty shall be as follows: (a) She shall have...
  • California Penal Code Section 4020.8
    No officer, deputy, jailer, keeper, guard, or person having charge or control of any such county jail shall refuse the duly appointed and qualified female...
  • California Penal Code Section 4021
    (a) Whenever any female prisoner or prisoners are confined in any local detention facility in the state there shall be an appropriately trained female custodial...
  • California Penal Code Section 4022
    Whenever by the terms of this code, or of any other law of the state, it is provided that a prisoner shall be confined in...
  • California Penal Code Section 4023
    Whenever the daily average of more than 100 persons are confined in any county or city jail there shall be available at all times a...
  • California Penal Code Section 4023.5
    (a) Any female confined in any local detention facility shall upon her request be allowed to continued to use materials necessary for (1) personal hygiene...
  • California Penal Code Section 4023.6
    Any female prisoner in any local detention facility shall have the right to summon and receive the services of any physician and surgeon of her...
  • California Penal Code Section 4024
    The sheriff may discharge any prisoner from the county jail at such time on the last day such prisoner may be confined as the sheriff...
  • California Penal Code Section 4024.1
    (a) The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the...
  • California Penal Code Section 4024.2
    (a) Notwithstanding any other law, the board of supervisors of any county may authorize the sheriff or other official in charge of county correctional facilities...
  • California Penal Code Section 4024.3
    (a) Notwithstanding any other law, the board of supervisors of any county in which the average daily inmate population is 90 percent of the county's...
  • California Penal Code Section 4024.4
    (a) The board of supervisors of each county, with the concurrence of the county sheriff before implementation, and the city council of each city, with...
  • California Penal Code Section 4025
    (a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase...
  • California Penal Code Section 4025.5
    (a) There is hereby created a pilot program in the Counties of Alameda, Kern, Los Angeles, Marin, Napa, Orange, Sacramento, San Bernardino, San Francisco, San...
  • California Penal Code Section 4026
    The sheriff or other officer in charge of a county or city jail may provide for the manufacture of small articles of handiwork by prisoners...
  • California Penal Code Section 4027
    It is the intention of the Legislature that all prisoners confined in local detention facilities shall be afforded reasonable opportunities to exercise religious freedom. As...
  • California Penal Code Section 4028
    No condition or restriction upon the obtaining of an abortion by a female detained in any local detention facility, pursuant to the Therapeutic Abortion Act...
  • California Penal Code Section 4029
    (a) Whenever within any county adult detention facility or part of any county detention facility used for the confinement of adults, not including any city...
  • California Penal Code Section 4030
    (a) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout...
  • California Penal Code Section 4050
    This chapter may be cited as the Joint County Jail Act.
  • California Penal Code Section 4051
    Any two or more counties may form a district for the purpose of establishing and operating a joint county jail to serve such counties.
  • California Penal Code Section 4052
    Any district organized under this chapter shall have and exercise the powers expressly granted in this chapter, together with such other powers as are reasonably...
  • California Penal Code Section 4053
    The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county...
  • California Penal Code Section 4054
    When adopted, certified copies of the resolution provided for in Section 4053, shall be transmitted to the several clerks of the boards of supervisors in...
  • California Penal Code Section 4055
    Upon receipt of the resolution adopted under Section 4053, the boards of supervisors of the counties affected and to whom the same may be directed...
  • California Penal Code Section 4056
    The board of supervisors of any county initiating proceedings for the creation of a joint district under this chapter shall, after the receipt of a...
  • California Penal Code Section 4057
    All districts organized under this chapter shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon...
  • California Penal Code Section 4058
    The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the...
  • California Penal Code Section 4059
    The body formed under Section 4058 shall be called the board of directors of such district.
  • California Penal Code Section 4060
    The members of the board of directors may enter into an agreement for and on behalf of the counties appointing them binding said counties to...
  • California Penal Code Section 4061
    All sums found due from any county according to the provisions of this chapter are a charge against said county, and may be collected in...
  • California Penal Code Section 4062
    The board of directors may establish the joint county jail provided for in this chapter and shall provide for the feeding, care, and treatment of...
  • California Penal Code Section 4063
    Each county in a district formed under this chapter shall pay from its general fund its proportionate share to the board of directors of such...
  • California Penal Code Section 4064
    Convicted persons may be committed to a joint county jail from a county comprising the district the same as if the commitment were to a...
  • California Penal Code Section 4065
    The provisions of Chapter 1 (commencing at Section 4000) of this title shall, so far as appropriate, be applicable to a joint county jail established...
  • California Penal Code Section 4066
    The board of directors may make rules and regulations for the government of a joint county jail not inconsistent with law.
  • California Penal Code Section 4067
    A joint county jail district formed under this chapter may be dissolved in the following manner: (a) The board or boards of supervisors of a...
  • California Penal Code Section 4100
    It is the purpose of this article to make possible the substitution of constructive labor for profitless prison confinement in order that those who are...
  • California Penal Code Section 4101
    In each county an industrial farm or industrial road camp may be established under the provisions of this article.
  • California Penal Code Section 4102
    Before establishing an industrial farm or industrial road camp in any county the board of supervisors thereof shall adopt a resolution of its intention so...
  • California Penal Code Section 4103
    Upon receipt of the resolution as provided in Section 4102, the legislative body of any incorporated city wishing to avail itself of the use of...
  • California Penal Code Section 4104
    Any board of supervisors having adopted a resolution of intention to establish an industrial farm or industrial road camp shall ascertain and enter in its...
  • California Penal Code Section 4105
    Upon ascertaining the facts provided for in Sections 4102 to 4104, inclusive, the board of supervisors may proceed to establish an industrial farm or industrial...
  • California Penal Code Section 4106
    For the purpose of establishing an industrial farm the board of supervisors may acquire by condemnation, purchase, lease or donation as many acres of land...
  • California Penal Code Section 4107
    The board of supervisors shall secure by purchase or otherwise personal property convenient or necessary to carry out the purposes of this article. Stock, machinery,...
  • California Penal Code Section 4108
    The board of supervisors shall employ a superintendent of an industrial farm or camp and such other subordinate persons as may be necessary for the...
  • California Penal Code Section 4109
    The board shall also adopt rules governing the administration of a farm or camp formed under the provisions of this article and discipline thereon in...
  • California Penal Code Section 4110
    If women are to be sentenced to an industrial farm, the board of supervisors establishing it shall provide thereon separate quarters for women prisoners, or...
  • California Penal Code Section 4111
    If a separate farm for women prisoners is established it shall be considered as a part of the industrial farm of the county within the...
  • California Penal Code Section 4112
    When land has been acquired and such buildings and structures erected and improvements made as may be immediately necessary for the carrying out of the...
  • California Penal Code Section 4114
    Each county which establishes an industrial farm or camp shall provide a county classification committee, which shall function as follows: (1) The sheriff shall appoint...
  • California Penal Code Section 4115
    The county jail shall serve as the initial place of detention for all adult persons committed to the custody of the sheriff, except city prisoners...
  • California Penal Code Section 4115.5
    (a) The board of supervisors of a county where, in the opinion of the sheriff or the director of the county department of corrections, adequate...
  • California Penal Code Section 4115.55
    (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with other...
  • California Penal Code Section 4115.56
    (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with the...
  • California Penal Code Section 4116
    No person shall be committed directly by any court to a county industrial farm or camp except as provided in the Welfare and Institutions Code....
  • California Penal Code Section 4117
    No person shall be transferred to an industrial farm or camp unless he has appeared before the county classification committee and has been assigned to...
  • California Penal Code Section 4118
    The legislative body of any incorporated city located in a county which has established an industrial farm or industrial road camp may adopt and forward...
  • California Penal Code Section 4119
    At its option the board of supervisors may adopt a resolution stating that the county will care for the prisoners of the city on its...
  • California Penal Code Section 4120
    Upon the expiration of the sentence of any person imprisoned in any industrial farm or camp, he shall be discharged, and either furnished with transportation...
  • California Penal Code Section 4121
    The cost of establishing and maintaining an industrial farm or industrial road camp formed under this article shall be paid out of the county general...
  • California Penal Code Section 4122
    The cost of transporting city prisoners to an industrial farm or camp shall be borne by the city from whose courts they were committed. All...
  • California Penal Code Section 4123
    Any person transferred from an industrial farm or camp to the county jail shall be maintained at the jail at the expense of the county...
  • California Penal Code Section 4124
    Each county board of supervisors may specify a rate to be charged for the care of city prisoners, which rate shall not exceed the average...
  • California Penal Code Section 4125
    Each person in custody on any industrial farm or industrial road camp who is found to have any person or persons dependent on him for...
  • California Penal Code Section 4125.1
    The board of supervisors may contract with the United States or the State of California, or any department or agency thereof, for the performance of...
  • California Penal Code Section 4126
    The maximum amount per day to be credited to a person in custody on an industrial farm or camp shall be fixed from time to...
  • California Penal Code Section 4127
    The court by whom any person was sentenced may at any time by written order direct payment of all or any part of the sums...
  • California Penal Code Section 4128
    Payments authorized under this article to be made to any person other than the prisoner may be made weekly on any day designated by the...
  • California Penal Code Section 4129
    For the purpose of making the payments designated in this article the board of supervisors shall by order provide the superintendent with a revolving fund....
  • California Penal Code Section 4130
    So far as practicable those in custody on an industrial farm shall be employed in productive labor. The products of an industrial farm shall be...
  • California Penal Code Section 4131
    Subject to regulations adopted by the board of supervisors the superintendent shall maintain discipline on an industrial farm. Whenever the superintendent reports to the county...
  • California Penal Code Section 4131.5
    Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state,...
  • California Penal Code Section 4133
    The boundary of every industrial farm established under the provisions of this article shall be marked by a fence, hedge or by some other visible...
  • California Penal Code Section 4134
    Any board of supervisors which has established or desires to establish an industrial farm or industrial road camp may at any time appoint an advisory...
  • California Penal Code Section 4135
    The advisory board shall acquaint itself with the conduct of the jails in the county, keep itself informed about the administration of the industrial farm...
  • California Penal Code Section 4136
    Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to county industrial farms, county industrial road camps, and joint county road camps established pursuant to this
  • California Penal Code Section 4137
    The board of supervisors of any county in which a county industrial farm, industrial road camp, or honor camp has been established may, by ordinance,...
  • California Penal Code Section 4200
    This article shall be known and may be cited as the Joint County Road Camp Act.
  • California Penal Code Section 4201
    Any two or more counties may form a district for the purpose of requiring all persons confined in the county jails of such counties, under...
  • California Penal Code Section 4202
    Any district organized under this article shall have and exercise the powers expressly granted in this article, together with such other powers as are reasonably...
  • California Penal Code Section 4203
    The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county...
  • California Penal Code Section 4204
    When adopted certified copies of the resolution provided for in Section 4203, shall be transmitted to the several clerks of the boards of supervisors in...
  • California Penal Code Section 4205
    Upon receipt of the resolution adopted under Section 4203, the boards of supervisors of the counties affected and to whom the same may be directed...
  • California Penal Code Section 4206
    The board of supervisors of any county initiating proceedings for the creation of a joint district under this article shall, after the receipt of a...
  • California Penal Code Section 4207
    All districts organized under this article shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon...
  • California Penal Code Section 4208
    The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the...
  • California Penal Code Section 4209
    The body formed under Section 4208 shall be called the board of directors of such district.
  • California Penal Code Section 4210
    The delegates from each county may enter into an agreement with the other counties for and on behalf of the county appointing them, binding said...
  • California Penal Code Section 4211
    All sums found due from any county according to the provisions of this article are a debt against said county, and may be collected in...
  • California Penal Code Section 4212
    The board of directors may establish the road camp or camps provided for in this article, and may furnish such camp or camps with the...
  • California Penal Code Section 4213
    Each county in a district formed under this article shall pay from its general fund its proportionate share to the board of directors of such...
  • California Penal Code Section 4214
    Within 15 days after any person is confined in the county jail of any county within a district under a final judgment of imprisonment rendered...
  • California Penal Code Section 4215
    The boards of directors of joint county road camp districts may contract with the State Department of Public Works for the employment of jail prisoners...
  • California Penal Code Section 4216
    When the prisoners of a road camp are engaged in the construction or maintenance of any portion of the state highway the expense of maintaining...
  • California Penal Code Section 4217
    Any money expended by the Department of Public Works under the provisions of this article shall be taken from any funds available for the construction...
  • California Penal Code Section 4218
    The State Department of Public Works may contract with the boards of directors of the joint districts created under this article for all the purposes...
  • California Penal Code Section 4219
    When a joint road camp, and the prisoners thereof, are employed in the construction or maintenance of any county way, road or public work, the...
  • California Penal Code Section 4220
    All payments provided for in Section 4219 shall be made by warrants drawn on the proper fund in favor of "Joint County Road Camp District...
  • California Penal Code Section 4221
    Whenever the revolving fund provided for in this article after payment of all bills due against a district exceeds twenty thousand dollars ($20,000) or exceeds...
  • California Penal Code Section 4222
    The board of directors may make such rules as it deems proper for the government of camps and the conduct of prisoners therein and may...
  • California Penal Code Section 4223
    Each prisoner shall be charged with the cost of all tools and appliances for the performance of labor which are furnished to him, and upon...
  • California Penal Code Section 4224
    All sums earned by any prisoner may be retained until he has completed his sentence, or until he is released or discharged, and shall thereupon...
  • California Penal Code Section 4225
    The board of supervisors of any county not included within any joint county road camp district, and having a population of 150,000 or more persons,...
  • California Penal Code Section 4226
    The board of supervisors of any county covered by Section 4225 shall nominate three of its members to serve as directors of the district formed...
  • California Penal Code Section 4227
    A joint county road camp district formed under this article may be dissolved in the following manner: 1. The board or boards of supervisors of...
  • California Penal Code Section 4300
    The board of supervisors may establish in each county a county advisory committee on adult detention.
  • California Penal Code Section 4301
    There shall be 6, 9, or 12 members of the committee. One-third shall be appointed by the board of supervisors, one-third by the sheriff, and...
  • California Penal Code Section 4302
    The members of the committee shall hold office for four years, and until their successors are appointed and qualify. Of those first appointed by the...
  • California Penal Code Section 4303
    Members of the committee shall serve without compensation, but shall be allowed their reasonable expenses as approved by the presiding judge of the superior court....
  • California Penal Code Section 4304
    The committee shall file a report within 90 days after the thirty-first day of December of the calendar year for which such report is made,...
  • California Penal Code Section 4305
    The committee shall annually inspect the city and county adult detention facilities. Such inspection shall be concerned with the conditions of inmate employment, detention, care,...
  • California Penal Code Section 4325
    The board of supervisors of a county of the ninth class or the 19th class, as described in Sections 28030 and 28040, respectively, of the...
  • California Penal Code Section 4326
    The commission shall be composed of nine members, four of whom shall be appointed by, and serve at the pleasure of, the board of supervisors,...
  • California Penal Code Section 4327
    Upon the establishment of the commission, the board of supervisors shall establish a Jail Industries Fund, which may be a revolving fund, for funding the...
  • California Penal Code Section 4328
    Funds in a Jail Industries Fund may only be used for the operation or expansion of the jail industry program or to cover operating and...
  • California Penal Code Section 4329
    No commission established pursuant to Section 4325 or any county jail industry program conducted under the authority of a commission, shall remain in existence for...
  • California Penal Code Section 4350
    This chapter applies to prisoners confined in city, county, or city and county jails, or industrial farms or road camps established pursuant to this title,...
  • California Penal Code Section 4351
    Any prisoner, to whom this chapter applies, may voluntarily donate blood to a blood bank duly licensed by the State Department of Public Health. Prior...
  • California Penal Code Section 4400
    This title shall be known and may be cited as the County Jail Capital Expenditure Bond Act of 1981.
  • California Penal Code Section 4401
    It is found and declared that: (a) Numerous county jails throughout California are dilapidated and overcrowded. (b) Capital improvements are necessary to protect life and...
  • California Penal Code Section 4410
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 4411
    As used in this title, and for the purpose of this title, the following words shall have the following meanings: (a) "Committee" means the County...
  • California Penal Code Section 4412
    There is in the State Treasury the County Jail Capital Expenditure Fund, which fund is hereby created.
  • California Penal Code Section 4413
    For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this title, the...
  • California Penal Code Section 4414
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount...
  • California Penal Code Section 4415
    Moneys in the fund shall be available for expenditure in accordance with this title by the Board of Corrections. Prior to the disbursement of any...
  • California Penal Code Section 4416
    (a) When sold, the bonds authorized by this title shall constitute valid and legally binding general obligations of the State of California, and the full...
  • California Penal Code Section 4417
    All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the...
  • California Penal Code Section 4418
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this title, such an amount as will equal the...
  • California Penal Code Section 4419
    For the purpose of carrying out the provisions of this title, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 4419.5
    Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
  • California Penal Code Section 4420
    The committee may authorize the State Treasurer to sell all or any part of the bonds herein authorized at such time or times as may...
  • California Penal Code Section 4421
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 4415...
  • California Penal Code Section 4422
    All proposed appropriations for the projects specified in this title, shall be included in a section in the Budget Bill for the 1982-83 and each...
  • California Penal Code Section 4450
    This title shall be known and may be cited as the County Jail Capital Expenditure Bond Act of 1984.
  • California Penal Code Section 4451
    It is found and declared that: (a) While the County Jail Capital Expenditure Bond Act of 1981 has helped eliminate many of the critically overcrowded...
  • California Penal Code Section 4460
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 4461
    As used in this title, and for the purpose of this title, the following words shall have the following meanings: (a) "Committee" means the County...
  • California Penal Code Section 4462
    There is in the State Treasury the County Jail Capital Expenditure Fund, which fund is hereby created.
  • California Penal Code Section 4463
    For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this title, the...
  • California Penal Code Section 4464
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount...
  • California Penal Code Section 4465
    Moneys in the fund shall be available for the construction, reconstruction, remodeling, and replacement of county jail facilities, and the performance of deferred maintenance on...
  • California Penal Code Section 4465.3
    Money in the fund shall be allocated in accordance with the provisions of Chapter 444 of the Statutes of 1984.
  • California Penal Code Section 4465.5
    During the design and planning stage for county jail facilities whose construction, reconstruction, or remodeling is financed by the fund, consideration shall be given to...
  • California Penal Code Section 4466
    (a) When sold, the bonds authorized by this title shall constitute valid and legally binding general obligations of the State of California, and the full...
  • California Penal Code Section 4467
    All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the...
  • California Penal Code Section 4468
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this title, such an amount as will equal the...
  • California Penal Code Section 4469
    For the purpose of carrying out the provisions of this title, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 4470
    The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be...
  • California Penal Code Section 4471
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 4465...
  • California Penal Code Section 4475
    This title shall be known and may be cited as the County Correctional Facility Capital Expenditure Bond Act of 1986.
  • California Penal Code Section 4476
    It is found and declared that: (a) While the County Jail Capital Expenditure Bond Act of 1981 and the County Jail Capital Expenditure Bond Act...
  • California Penal Code Section 4480
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 4481
    As used in this title, and for the purpose of this title, the following words shall have the following meanings: (a) "Committee" means the 1986...
  • California Penal Code Section 4482
    There is in the State Treasury the 1986 County Correctional Facility Capital Expenditure Fund, which fund is hereby created.
  • California Penal Code Section 4483
    For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this title, the...
  • California Penal Code Section 4484
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount...
  • California Penal Code Section 4485
    Moneys in the fund may be available for the construction, reconstruction, remodeling, and replacement of county jail facilities, including, but not limited to, separate facilities...
  • California Penal Code Section 4485.5
    During the design and planning stage for county jail facilities whose construction, reconstruction, or remodeling is financed by the fund, consideration shall be given to...
  • California Penal Code Section 4485.6
    In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under this title, a county shall do all of...
  • California Penal Code Section 4485.7
    Moneys in the fund may be available for construction of joint-use correctional facilities housing county and state or federal prisoners or any combination thereof in...
  • California Penal Code Section 4486
    (a) When sold, the bonds authorized by this title shall constitute valid and legally binding general obligations of the State of California, and the full...
  • California Penal Code Section 4487
    All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the...
  • California Penal Code Section 4488
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this title such an amount as will equal the...
  • California Penal Code Section 4489
    For the purpose of carrying out the provisions of this title, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 4489.5
    Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
  • California Penal Code Section 4490
    The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be...
  • California Penal Code Section 4491
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 4485...
  • California Penal Code Section 4492
    Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment of moneys deposited in the fund shall be credited...
  • California Penal Code Section 4493
    Money in the fund may only be expended for projects specified in this title as allocated in appropriations made by the Legislature.
  • California Penal Code Section 4494
    (a) It is the intent of the people in enacting this bond act that jail authorization and construction proceed as quickly as possible. Due to...
  • California Penal Code Section 4495
    If any provision of this title, or the application thereof, is held to be invalid, that invalidity shall not affect the other provisions or applications...
  • California Penal Code Section 4496
    This title shall be known and may be cited as the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988.
  • California Penal Code Section 4496.02
    The Legislature finds and declares all of the following: (a) While the County Jail Capital Expenditure Bond Act of 1981, the County Jail Capital Expenditure...
  • California Penal Code Section 4496.04
    As used in this title, the following terms have the following meanings: (a) "Committee" means the 1988 County Correctional Facility Capital Expenditure and Youth Facility...
  • California Penal Code Section 4496.10
    The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1988 County Correctional Facility Capital Expenditure and Youth Facility...
  • California Penal Code Section 4496.12
    (a) (1) Moneys in the fund, up to a limit of four hundred ten million dollars ($410,000,000), may be available for the construction, reconstruction, remodeling,...
  • California Penal Code Section 4496.16
    In order to be eligible to receive funds for the purposes specified in subdivision (a) of Section 4496.12 derived from the issuance of bonds under...
  • California Penal Code Section 4496.17
    The Department of the Youth Authority shall administer funds appropriated for juvenile facilities as specified in paragraph (2) of subdivision (a) of Section 4496.12.
  • California Penal Code Section 4496.19
    Money in the fund may only be expended for projects specified in this chapter as allocated in appropriations made by the Legislature.
  • California Penal Code Section 4496.30
    Bonds in the total amount of five hundred million dollars ($500,000,000), exclusive of refunding bonds, or so much thereof as is necessary, may be issued...
  • California Penal Code Section 4496.32
    The bonds authorized by this title shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter...
  • California Penal Code Section 4496.34
    (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this...
  • California Penal Code Section 4496.36
    The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out...
  • California Penal Code Section 4496.38
    There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to...
  • California Penal Code Section 4496.40
    Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter,...
  • California Penal Code Section 4496.42
    For the purposes of carrying out this title, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts...
  • California Penal Code Section 4496.43
    Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
  • California Penal Code Section 4496.44
    All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall...
  • California Penal Code Section 4496.46
    The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title...
  • California Penal Code Section 4496.47
    The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of...
  • California Penal Code Section 4496.48
    The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this title are not "proceeds of taxes"...
  • California Penal Code Section 4497
    (a) The Legislature finds and declares that approval by the electors of the County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988...
  • California Penal Code Section 4497.02
    (a) For the purpose of this chapter: (1) "Board" means the Board of Corrections. (2) "Fund" means the 1988 County Correctional Facilities Capital Expenditure and...
  • California Penal Code Section 4497.04
    Money appropriated to the board for allocation pursuant to this chapter shall be allocated as follows: (a) Funding shall be provided for those projects entitled...
  • California Penal Code Section 4497.05
    Money in the 1986 County Correctional Facility Capital Expenditure Fund and money in the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond Fund...
  • California Penal Code Section 4497.06
    (a) The board shall administer the funds allocated in this chapter to adult jail facilities, according to existing County Correctional Facilities Capital Expenditure Fund regulations,...
  • California Penal Code Section 4497.08
    No state moneys shall be encumbered in contracts with a county, nor released to a county, for construction or renovation of a local jail facility...
  • California Penal Code Section 4497.10
    To be eligible for funding consideration, a county shall, to the satisfaction of the board, do all of the following: (a) Certify that juveniles are...
  • California Penal Code Section 4497.12
    (a) County match on projects funded under this chapter shall be a minimum of 25 percent of the total project costs. (b) The county match...
  • California Penal Code Section 4497.14
    (a) The board shall not approve the expenditures of funds allocated under this act for the construction of county detention facilities until a master site...
  • California Penal Code Section 4497.16
    If after a hearing, the board makes a finding that a county has failed to comply with a condition or plan approved by the board...
  • California Penal Code Section 4497.20
    (a) The Department of the Youth Authority is hereby directed to administer the moneys intended for juvenile facilities in the County Correctional Facility Capital Expenditure...
  • California Penal Code Section 4497.22
    Funds appropriated to the Department of the Youth Authority for allocation under this chapter shall be allocated as provided by this chapter.
  • California Penal Code Section 4497.24
    Two million three hundred fifty-seven thousand seven hundred seventy-eight dollars ($2,357,778) shall be set aside initially for the counties that did not have juvenile facilities...
  • California Penal Code Section 4497.26
    Ten million dollars ($10,000,000) shall be set aside initially for counties that do not have efficient and adequate facilities for youth with special problems. Two...
  • California Penal Code Section 4497.28
    Forty-eight million nine hundred sixty-seven thousand two hundred twenty-two dollars ($48,967,222) shall be set aside initially for counties to alleviate overcrowding and eliminate health, fire,...
  • California Penal Code Section 4497.30
    (a) Two million two hundred twenty-five thousand dollars ($2,225,000) shall be set aside initially for bond interest costs, and two hundred fifty thousand dollars ($250,000)...
  • California Penal Code Section 4497.32
    (a) Funds which were set aside initially as provided by Sections 4497.24 to 4497.30, inclusive, that are not used and funds that were allocated under...
  • California Penal Code Section 4497.34
    (a) Counties with overcrowded juvenile facilities shall not be eligible to receive funds to construct, reconstruct, remodel, or replace juvenile facilities unless they have adopted...
  • California Penal Code Section 4497.36
    An application for funds shall be in the manner and form prescribed by the Department of the Youth Authority.
  • California Penal Code Section 4497.38
    (a) Awards shall be made only if county matching funds of 25 percent are provided except as specified in subdivision (b). (b) (1) A county...
  • California Penal Code Section 4497.50
    In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under the County Correctional Facility Capital Expenditure and Youth...
  • California Penal Code Section 4497.52
    Notwithstanding any other provision of law, a county or city and county may contract for the purchase of products as specified in Section 4497.50 with...
  • California Penal Code Section 4497.54
    The Prison Industry Authority shall designate an individual as County Jail and Juvenile Facility Liaison who shall work with counties to maximize the utilization of...
  • California Penal Code Section 4497.56
    It is the intent of the Legislature to maximize the utilization of Prison Industry Authority products for jail construction, renovation, equipment, and furnishings to ensure...
  • California Penal Code Section 4500
    Every person while undergoing a life sentence, who is sentenced to state prison within this state, and who, with malice aforethought, commits an assault upon...
  • California Penal Code Section 4501
    Except as provided in Section 4500, every person confined in a state prison of this state who commits an assault upon the person of another...
  • California Penal Code Section 4501.1
    (a) Every person confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter...
  • California Penal Code Section 4501.5
    Every person confined in a state prison of this state who commits a battery upon the person of any individual who is not himself a...
  • California Penal Code Section 4502
    (a) Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the...
  • California Penal Code Section 4503
    Any person confined therein who holds as hostage any person within any prison or facility under the jurisdiction of the Director of Corrections, or who...
  • California Penal Code Section 4504
    For purposes of this chapter: (a) A person is deemed confined in a "state prison" if he is confined in any of the prisons and...
  • California Penal Code Section 4530
    (a) Every prisoner confined in a state prison who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a...
  • California Penal Code Section 4530.5
    For the purposes of punishing escapes or attempts to escape under Section 4530, a person is deemed confined in a "state prison" if he is...
  • California Penal Code Section 4532
    (a) (1) Every prisoner arrested and booked for, charged with, or convicted of a misdemeanor, and every person committed under the terms of Section 5654,...
  • California Penal Code Section 4533
    Every keeper of a prison, sheriff, deputy sheriff, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily...
  • California Penal Code Section 4534
    Any person who willfully assists any paroled prisoner whose parole has been revoked, any escapee, any prisoner confined in any prison or jail, or any...
  • California Penal Code Section 4535
    Every person who carries or sends into a prison or jail anything useful to aid a prisoner or inmate in making his escape, with intent...
  • California Penal Code Section 4536
    (a) Every person committed to a state hospital or other public or private mental health facility as a mentally disordered sex offender, who escapes from...
  • California Penal Code Section 4536.5
    The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been...
  • California Penal Code Section 4537
    (a) The person in charge of any secure detention facility, including, but not limited to, a prison, a juvenile hall, a county jail, or any...
  • California Penal Code Section 4550
    Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue any prisoner from any prison, or prison...
  • California Penal Code Section 4570
    Every person who, without the permission of the warden or other officer in charge of any State prison, or prison road camp, or prison forestry...
  • California Penal Code Section 4570.1
    Every person who, without permission of the peace officer or corrections officer in charge of any vehicle, bus, van or automobile used for the transportation...
  • California Penal Code Section 4570.5
    Every person who falsely indentifies himself either verbally or by presenting any fraudulent written instrument to prison officials, officers, or employees of any state prison,...
  • California Penal Code Section 4571
    Every person who, having been previously convicted of a felony and confined in any State prison in this State, without the consent of the warden...
  • California Penal Code Section 4573
    (a) Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this...
  • California Penal Code Section 4573.5
    Any person who knowingly brings into any state prison or other institution under the jurisdiction of the Department of Corrections, or into any prison camp,...
  • California Penal Code Section 4573.6
    (a) Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp...
  • California Penal Code Section 4573.8
    Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or...
  • California Penal Code Section 4573.9
    (a) Notwithstanding any other provision of law, any person, other than a person held in custody, who sells, furnishes, administers, or gives away, or offers...
  • California Penal Code Section 4574
    (a) Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this...
  • California Penal Code Section 4575
    (a) Any person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless...
  • California Penal Code Section 4576
    (a) Except as otherwise authorized by law, or when authorized by either the person in charge of the prison or other institution under the jurisdiction...
  • California Penal Code Section 4600
    (a) Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any jail, prison, or any public property in any...
  • California Penal Code Section 4700.1
    For any trial or hearing referred to in Section 4750, the sheriff of the county where such trial or hearing is had and the person...
  • California Penal Code Section 4701
    The jurisdiction of a criminal action for escaping from any State prison is in any county of the State.
  • California Penal Code Section 4702
    Whenever any prisoner confined in a jail established and maintained by the sheriff in another county, is tried for any offense committed in such jail...
  • California Penal Code Section 4703
    With the concurrence of the Attorney General, the district attorney may transfer the responsibility for the prosecution of any crime committed by prisoners in physical...
  • California Penal Code Section 4750
    A city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with...
  • California Penal Code Section 4751
    Costs incurred by a city or county include all of the following: (a) Costs of law enforcement agencies in connection with any matter set forth...
  • California Penal Code Section 4751.5
    Costs incurred by a superior court include all of the following: (a) Costs of any trial or hearing of any matter set forth in Section...
  • California Penal Code Section 4752
    As used in this chapter, reasonable and necessary costs shall be based upon all operating costs, including the cost of elected officials, except superior court...
  • California Penal Code Section 4753
    A city or county shall designate an officer or agency to prepare a statement of costs that shall be reimbursed under this chapter. The statement...
  • California Penal Code Section 4753.5
    A superior court shall prepare a statement of costs that shall be reimbursed under this chapter. The state may not include any costs that are...
  • California Penal Code Section 4754
    As used in this chapter, "prisoner" means any person committed to a state prison, including a person who has been transferred to any other facility,...
  • California Penal Code Section 4755
    Whenever a person has entered upon a term of imprisonment in a penal or correctional institution, and whenever during the continuance of the term of...
  • California Penal Code Section 4758
    (a) A county shall be entitled to reimbursement for reasonable and necessary costs incurred by the county with respect to an inmate housed and treated...
  • California Penal Code Section 4800
    The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution...
  • California Penal Code Section 4801
    (a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any...
  • California Penal Code Section 4802
    In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor,...
  • California Penal Code Section 4803
    When an application is made to the Governor for pardon or commutation of sentence, or when an application has been referred to the Board of...
  • California Penal Code Section 4804
    At least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the...
  • California Penal Code Section 4805
    (a) At least 10 days before the Governor acts upon an application for a commutation of sentence, written notice of the intention to apply therefor,...
  • California Penal Code Section 4806
    The provisions of Sections 4804 and 4805 are not applicable: (a) When there is imminent danger of the death of the person convicted or imprisoned....
  • California Penal Code Section 4807
    (a) At the beginning of every regular session of the Legislature, the Governor shall file a written report with the Legislature that shall include each...
  • California Penal Code Section 4807.2
    Every application for pardon or commutation of sentence shall be accompanied by a full statement of any compensation being paid to any person for procuring...
  • California Penal Code Section 4807.3
    Every person who receives or agrees to receive any compensation or who receives any gift for procuring or assisting in procuring a pardon or commutation...
  • California Penal Code Section 4810
    (a) The Board of Parole Hearings shall succeed to and shall exercise and perform all powers and duties granted to and imposed upon the Advisory...
  • California Penal Code Section 4812
    Upon request of the Governor, the Board of Parole Hearings shall investigate and report on all applications for reprieves, pardons, and commutation of sentence and...
  • California Penal Code Section 4813
    In the case of applications of persons twice convicted of a felony, the Board of Parole Hearings, after investigation, shall transmit its written recommendation upon...
  • California Penal Code Section 4850
    No application which has not received a recommendation from the Board of Prison Terms favorable to the applicant shall be forwarded to the Clerk of...
  • California Penal Code Section 4851
    In all cases where the Board of Prison Terms has made a recommendation favorable to the applicant and in those cases referred by the Governor,...
  • California Penal Code Section 4852
    If a majority of the justices recommend that clemency be granted, the clerk of the Supreme Court shall transmit the application, together with all papers...
  • California Penal Code Section 4852.01
    (a) Any person convicted of a felony who has been released from a state prison or other state penal institution or agency in California, whether...
  • California Penal Code Section 4852.03
    (a) The period of rehabilitation shall begin to run upon the discharge of the petitioner from custody due to his or her completion of the...
  • California Penal Code Section 4852.04
    Each person who may initiate the proceedings provided for in this chapter shall be entitled to receive counsel and assistance from all rehabilitative agencies, including...
  • California Penal Code Section 4852.05
    The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and...
  • California Penal Code Section 4852.06
    Except as provided in subdivision (a) of Section 4852.01, after the expiration of the minimum period of rehabilitation applicable to him or her (and, in...
  • California Penal Code Section 4852.07
    The petitioner shall give notice of the filing of the petition to the district attorney of the county in which the petition is filed, to...
  • California Penal Code Section 4852.08
    During the proceedings upon the petition, the petitioner may be represented by counsel of his own selection; if he has no such counsel he shall...
  • California Penal Code Section 4852.09
    No filing fee nor court fees of any kind shall be required of a petitioner in proceedings under this chapter.
  • California Penal Code Section 4852.1
    The court in which the petition is filed may require such testimony as it deems necessary, and the production, for the use of the court...
  • California Penal Code Section 4852.11
    Any peace officer shall report to the court, upon receiving a request as provided in Section 4852.1, all violations of law committed by said petitioner...
  • California Penal Code Section 4852.12
    (a) In any proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter, the court, upon the filing of the application...
  • California Penal Code Section 4852.13
    (a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of...
  • California Penal Code Section 4852.14
    The clerk of the court shall immediately transmit certified copies of the certificate of rehabilitation to the Governor, to the Board of Prison Terms and...
  • California Penal Code Section 4852.15
    Nothing in this chapter shall be construed to abridge or impair the power or authority conferred by law on any officer, board, or tribunal to...
  • California Penal Code Section 4852.16
    The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the...
  • California Penal Code Section 4852.17
    Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported...
  • California Penal Code Section 4852.18
    The Board of Prison Terms shall furnish to the clerk of the superior court of each county a set of sample forms for a petition...
  • California Penal Code Section 4852.19
    This chapter shall be construed as providing an additional, but not an exclusive, procedure for the restoration of rights and application for pardon. Nothing in...
  • California Penal Code Section 4852.2
    Every person, other than an individual who is licensed to practice law in the State of California, pursuant to Article 4 (commencing with Section 6060)...
  • California Penal Code Section 4852.21
    (a) Any person to whom this chapter applies shall, prior to his discharge or release on parole from a state prison or other state penal...
  • California Penal Code Section 4852.22
    Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period...
  • California Penal Code Section 4853
    In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor...
  • California Penal Code Section 4854
    In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess,...
  • California Penal Code Section 4900
    Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in...
  • California Penal Code Section 4901
    (a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of...
  • California Penal Code Section 4902
    (a) If the provisions of Section 861.865 or 1485.55 apply in any claim, the California Victim Compensation and Government Claims Board shall, within 30 days...
  • California Penal Code Section 4903
    (a) At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The...
  • California Penal Code Section 4904
    If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed...
  • California Penal Code Section 4905
    The California Victim Compensation and Government Claims Board shall make up its report and recommendation and shall give to the Controller a statement showing its...
  • California Penal Code Section 4906
    The California Victim Compensation and Government Claims Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose...
  • California Penal Code Section 5000
    Commencing July 1, 2005, any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation,...
  • California Penal Code Section 5001
    The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide lists of persons qualified for...
  • California Penal Code Section 5002
    (a) The department shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following departments, boards,...
  • California Penal Code Section 5003
    The department has jurisdiction over the following prisons and institutions: (a) The California State Prison at San Quentin. (b) The California State Prison at Folsom....
  • California Penal Code Section 5003.2
    (a) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the...
  • California Penal Code Section 5003.5
    The Board of Parole Hearings is empowered to advise and recommend to the Secretary of the Department of Corrections and Rehabilitation on general and specific...
  • California Penal Code Section 5004
    The Director of Corrections and the legislative body of any county or city may enter into agreements for mutual police aid. Pursuant to such agreements...
  • California Penal Code Section 5004.5
    The director shall require each state prison under the department's jurisdiction to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement...
  • California Penal Code Section 5005
    The department may maintain a canteen at any prison or institution under its jurisdiction for the sale to persons confined therein of toilet articles, candy,...
  • California Penal Code Section 5006
    (a) (1) All moneys now held for the benefit of inmates currently housed in Department of Corrections and Rehabilitation facilities including those known as the...
  • California Penal Code Section 5006.1
    (a) Notwithstanding any provision in Section 5006, money in the Inmate Welfare Fund shall not be expended to pay charges for any or all of...
  • California Penal Code Section 5007
    The Secretary of the Department of Corrections and Rehabilitation may invest money in the Inmate Welfare Fund that in his or her opinion is not...
  • California Penal Code Section 5007.5
    (a) The Director of Corrections is authorized to charge a fee in the amount of five dollars ($5) for each inmate-initiated medical visit of an...
  • California Penal Code Section 5008
    The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer...
  • California Penal Code Section 5008.1
    Subject to the availability of adequate state funding for these purposes, the Director of Corrections shall provide all inmates at each penal institution and prison...
  • California Penal Code Section 5008.2
    (a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all inmates with information...
  • California Penal Code Section 5009
    (a) It is the intention of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom. (b) (1) Except in extraordinary...
  • California Penal Code Section 5010
    (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health...
  • California Penal Code Section 5011
    (a) The Department of Corrections shall not require, as a condition for any form of treatment or custody that the department offers, an admission of...
  • California Penal Code Section 5021
    (a) Any death that occurs in any facility operated by the Department of Corrections and Rehabilitation, the State Department of State Hospitals, a city, county,...
  • California Penal Code Section 5022
    (a) Upon the entry of a prisoner into a facility operated by the Department of Corrections, and at least every year thereafter, the Director of...
  • California Penal Code Section 5023
    (a) It is the intent of the Legislature that the Department of Corrections operate in the most cost-effective and efficient manner possible when purchasing health...
  • California Penal Code Section 5023.2
    (a) In order to promote the best possible patient outcomes, eliminate unnecessary medical and pharmacy costs, and ensure consistency in the delivery of health care...
  • California Penal Code Section 5023.5
    (a) Notwithstanding any other law, the Department of Corrections and Rehabilitation may contract with providers of health care services and health care network providers, including,...
  • California Penal Code Section 5023.6
    (a) The Department of Corrections and Rehabilitation shall, by January 1, 2011, do all of the following: (1) Adopt industry standard claim forms for use...
  • California Penal Code Section 5023.7
    (a) Notwithstanding any other provision of law, money recovered prior to July 1, 2011, from an overpayment of a medical contract expenditure, under the authority...
  • California Penal Code Section 5024
    (a) The Legislature finds and declares that: (1) State costs for purchasing drugs and medical supplies for the health care of offenders in state custody...
  • California Penal Code Section 5024.2
    (a) The Department of Corrections and Rehabilitation is authorized to maintain and operate a comprehensive pharmacy services program for those facilities under the jurisdiction of...
  • California Penal Code Section 5024.5
    (a) The Department of Corrections shall adopt policies, procedures, and criteria to identify selected medication categories for the development of utilization protocols based on best...
  • California Penal Code Section 5025
    (a) On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who...
  • California Penal Code Section 5026
    The Department of Corrections shall cooperate with the United States Immigration and Naturalization Service by providing the use of prison facilities, transportation, and general support,...
  • California Penal Code Section 5028
    (a) Upon the entry of any person who is currently or was previously a foreign national into a facility operated by the Department of Corrections,...
  • California Penal Code Section 5029
    (a) The Director of Corrections shall ensure that documents, computers, or computer accessible media containing personal information relating to an employee of the Department of...
  • California Penal Code Section 5030.1
    (a) The possession or use of tobacco products by inmates under the jurisdiction of the Department of Corrections is prohibited. The Director of Corrections shall...
  • California Penal Code Section 5031
    (a) The department shall submit an estimate of expenditures for each state or contracted facility housing offenders and for the cost of supervising offenders on...
  • California Penal Code Section 5032
    The department, as directed by the Department of Finance, shall work with the appropriate budget and policy committees of the Legislature and the Legislative Analyst's...
  • California Penal Code Section 5050
    Commencing July 1, 2005, any reference to the Director of Corrections in this or any other code refers to the Secretary of the Department of...
  • California Penal Code Section 5051.2
    The Director of Corrections shall have wide and successful administrative experience in adult or youth correctional programs embodying rehabilitative concepts.
  • California Penal Code Section 5052
    Any officer or employee of the Department of Corrections and Rehabilitation designated in writing by the secretary, shall have the power of a head of...
  • California Penal Code Section 5054
    Commencing July 1, 2005, the supervision, management and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline and employment...
  • California Penal Code Section 5054.1
    The Secretary of the Department of Corrections and Rehabilitation has full power to order returned to custody any person under the secretary's jurisdiction. The written...
  • California Penal Code Section 5054.2
    Whenever a person is incarcerated in a state prison for violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289, and the victim...
  • California Penal Code Section 5055
    Commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of...
  • California Penal Code Section 5056
    (a) Each state prison under the jurisdiction of the department shall have a citizens' advisory committee except that one committee may serve every prison located...
  • California Penal Code Section 5056.1
    (a) The Legislature finds and declares that due to the local conditions resulting in the Chino Valley Independent Fire District having within its area of...
  • California Penal Code Section 5057
    (a) Subject to the powers of the Department of Finance under Section 13300 of the Government Code, the secretary shall establish an accounting and auditing...
  • California Penal Code Section 5057.5
    (a) Notwithstanding Section 11005 of the Government Code, the Director of Corrections may accept a gift or donation of goods or services to the state...
  • California Penal Code Section 5058
    (a) The director may prescribe and amend rules and regulations for the administration of the prisons and for the administration of the parole of persons...
  • California Penal Code Section 5058.1
    (a) For the purposes of this section, "pilot program" means a program implemented on a temporary and limited basis in order to test and evaluate...
  • California Penal Code Section 5058.2
    (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a...
  • California Penal Code Section 5058.3
    (a) Emergency adoption, amendment, or repeal of a regulation by the director shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340) of Part...
  • California Penal Code Section 5058.4
    (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all department employees, in...
  • California Penal Code Section 5058.5
    In addition to the services rendered by physicians and surgeons, including psychiatrists, or by psychologists, pursuant to Sections 5068 and 5079, physicians and surgeons, including...
  • California Penal Code Section 5058.6
    The Director of the Department of Corrections shall have the authority of a head of a department set forth in subdivision (e) of Section 11181...
  • California Penal Code Section 5059
    This title shall not affect the powers or jurisdiction of the Department of Transportation as to road camps pursuant to Article 4 (commencing with Section...
  • California Penal Code Section 5060
    The Director of Corrections may assist persons discharged, paroled, or otherwise released from confinement in an institution of the department and may secure employment for...
  • California Penal Code Section 5061
    Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections dies, and no demand or claim is made...
  • California Penal Code Section 5062
    Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections escapes, or is discharged or paroled from that...
  • California Penal Code Section 5063
    Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or...
  • California Penal Code Section 5064
    At the time of delivering any money or other personal property to the Treasurer or Controller under Section 5061 or of Article 1 (commencing with...
  • California Penal Code Section 5065
    When any personal property has been destroyed as provided in Section 5061 or 5062, no suit shall thereafter be maintained by any person against the...
  • California Penal Code Section 5066
    The Director of Corrections shall expand the existing prison ombudsman program to ensure the comprehensive deployment of ombudsmen throughout the state prison system with specific...
  • California Penal Code Section 5068
    The Director of Corrections shall cause each person who is newly committed to a state prison to be examined and studied. This includes the investigation...
  • California Penal Code Section 5068.5
    (a) Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other...
  • California Penal Code Section 5069
    (a) The administrative director of the Division of Industrial Accidents shall formulate procedures for the selection and orderly referral of injured inmates of state penal...
  • California Penal Code Section 5070
    Notwithstanding any other provision of law, the sex of a prison inmate shall not prevent the Director of Corrections from assigning any prison inmate to...
  • California Penal Code Section 5071
    (a) The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with access to...
  • California Penal Code Section 5072
    (a) Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation and the State Department of Health Care Services may develop a process...
  • California Penal Code Section 5075
    (a) Commencing July 1, 2005, there is hereby created the Board of Parole Hearings. As of July 1, 2005, any reference to the Board of...
  • California Penal Code Section 5075.1
    The Board of Parole Hearings shall do all of the following: (a) Conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults...
  • California Penal Code Section 5075.5
    All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of prisoners or the setting of a parole release...
  • California Penal Code Section 5075.6
    (a) (1) Commissioners and deputy commissioners hearing matters pursuant to subdivision (f) of Section 5075.1, or any other matter involving wards under the jurisdiction of...
  • California Penal Code Section 5076
    Each commissioner of the board shall devote his entire time to the duties of his office and shall receive an annual salary provided for by...
  • California Penal Code Section 5076.1
    (a) The board shall meet at each of the state prisons and facilities under the jurisdiction of the Division of Juvenile Facilities. Meetings shall be...
  • California Penal Code Section 5076.2
    (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Prison Terms, shall be promulgated and filed pursuant to...
  • California Penal Code Section 5076.3
    The Chairman of the Board of Prison Terms shall have the authority of a head of a department set forth in subdivision (e) of Section...
  • California Penal Code Section 5077
    The Board of Prison Terms shall review the prisoners' requests for reconsideration of denial of good-time credit, and setting of parole length or conditions, and...
  • California Penal Code Section 5078
    (a) The Board of Prison Terms shall succeed to and shall exercise and perform all powers and duties granted to, exercised by, and imposed upon...
  • California Penal Code Section 5079
    The Director of Corrections shall provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and such branches thereof as may be required...
  • California Penal Code Section 5080
    The Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another. The Board of...
  • California Penal Code Section 5081
    The Governor may remove any member of the Board of Prison Terms for misconduct, incompetency or neglect of duty after a full hearing by the...
  • California Penal Code Section 5085
    The Robert Presley Institute of Corrections Research and Training, which provides and aggregates research on youth and adult corrections education and training, is hereby renamed...
  • California Penal Code Section 5086
    It is the intent of the Legislature that the university seek funding from federal, state, and private sources for research projects carried out by the...
  • California Penal Code Section 5087
    The chancellor of the Riverside campus may appoint an advisory committee to assist in establishing research priorities. The university shall consult with the Department of...
  • California Penal Code Section 5088
    The university shall negotiate and approve terms, services, and costs of contracts and research projects for purposes of this chapter.
  • California Penal Code Section 6001
    Commencing July 1, 2005, the establishment, organization, jurisdiction, powers, duties, responsibilities, and functions of the Youth Authority as provided in the Youth Authority Act (Chapter...
  • California Penal Code Section 6005
    (a) Whenever a person confined to a correctional institution under the supervision of the Department of Corrections and Rehabilitation is charged with a public offense...
  • California Penal Code Section 6006
    The Department of Corrections, Department of the Youth Authority, Board of Prison Terms, and Youthful Offender Parole Board, in conjunction with the State Department of...
  • California Penal Code Section 6006.5
    For purposes of this chapter, the following definitions shall apply: (a) "Department" means the Department of Corrections, the Department of the Youth Authority, the Board...
  • California Penal Code Section 6007
    (a) No person shall be employed initially by the department unless that person, after an offer of employment, completes an examination, a test, or a...
  • California Penal Code Section 6008
    The Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, and the Youthful Offender Parole Board shall report to the...
  • California Penal Code Section 6009
    In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety...
  • California Penal Code Section 6024
    (a) Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be...
  • California Penal Code Section 6025
    (a) Commencing July 1, 2012, the Board of State and Community Corrections shall be composed of 12 members, as follows: (1) The Chair of the...
  • California Penal Code Section 6025.1
    (a) Members of the board, with the exception of the Chair of the Board of State and Community Corrections, shall receive no compensation, but shall...
  • California Penal Code Section 6025.5
    The Director of Corrections, Board of Prison Terms, the Youthful Offender Parole Board, and the Director of the Youth Authority shall file with the Board...
  • California Penal Code Section 6025.6
    The Board of Corrections may delegate any ministerial authority or duty conferred or imposed upon the board to a subordinate officer subject to those conditions...
  • California Penal Code Section 6026
    The Corrections Standards Authority shall be the means whereby the Department of Corrections and Rehabilitation may correlate its individual programs for adults and youths under...
  • California Penal Code Section 6027
    (a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and...
  • California Penal Code Section 6028
    Upon request of the Board of Corrections or upon his own initiative, the Governor from time to time may create by executive order one or...
  • California Penal Code Section 6028.1
    Each such special commission may investigate any and all matters relating to the subjects specified in the order creating it. In the exercise of its...
  • California Penal Code Section 6028.2
    The Secretary of the Youth and Adult Correctional Agency may furnish for the use of any such commission such facilities, supplies, and personnel as may...
  • California Penal Code Section 6028.3
    All such special commissions shall make all their reports and recommendations to the Board of Corrections. The Board of Corrections shall consider such reports and...
  • California Penal Code Section 6028.4
    The Governor shall report to each regular session of the Legislature the names of any persons appointed under Section 6028 together with a statement of...
  • California Penal Code Section 6029
    (a) The plans and specifications of every jail, prison, or other place of detention of persons charged with or convicted of crime or of persons...
  • California Penal Code Section 6029.1
    (a) There is hereby created the County Jail Capital Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund shall be expended by the Board...
  • California Penal Code Section 6029.5
    The Board of Corrections is authorized to expend money from the County Jail Capital Expenditure Fund, created pursuant to Sections 4412 and 6029.1, on joint...
  • California Penal Code Section 6030
    (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make...
  • California Penal Code Section 6031
    (a) The Board of Corrections shall inspect each local detention facility in the state biennially. (b) This section shall become operative on July 1, 1997.
  • California Penal Code Section 6031.1
    Inspections of local detention facilities shall be made biennially. Inspections of privately operated work furlough facilities and programs shall be made biennially unless the work...
  • California Penal Code Section 6031.2
    The Board of Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information on...
  • California Penal Code Section 6031.3
    The Board of Corrections is authorized to apply for any funds that may be available from the federal government to further the purposes of Sections...
  • California Penal Code Section 6031.4
    (a) For the purpose of this title, "local detention facility" means any city, county, city and county, or regional facility used for the confinement for...
  • California Penal Code Section 6031.5
    For the purposes of this chapter, the term "correctional personnel" means either of the following: (1) Any person described by subdivision (a) or (b) of...
  • California Penal Code Section 6031.6
    (a) Any privately operated local detention facility responsible for the custody and control of any local prisoner shall, as required by subdivision (a) of Section...
  • California Penal Code Section 6035
    (a) For the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the board shall adopt, and...
  • California Penal Code Section 6036
    For purposes of implementing this article, the board shall have the following powers: (a) Approve or certify, or both, training and education courses at institutions...
  • California Penal Code Section 6040
    There is hereby created in the State Treasury a Corrections Training Fund, which is hereby appropriated, without regard to fiscal years, exclusively for the costs...
  • California Penal Code Section 6044
    (a) The Council on Mentally Ill Offenders is hereby established within the Department of Corrections and Rehabilitation. The council shall be composed of 12 members,...
  • California Penal Code Section 6050
    (a) The Governor, upon recommendation of the secretary, shall appoint the wardens of the various state prisons. Each warden shall be subject to removal by...
  • California Penal Code Section 6053
    (a) All persons other than temporary appointees heretofore serving in the state civil service and engaged in the performance of a function transferred to the...
  • California Penal Code Section 6055
    The Department of Corrections and the Department of the Youth Authority may provide time off with pay to security and treatment personnel who take courses...
  • California Penal Code Section 6065
    (a) The Legislature finds and declares that investigations of the Department of Corrections and the Department of the Youth Authority that are conducted by their...
  • California Penal Code Section 6080
    As used in his part, the following terms have the meanings described below: (a) "Department" refers to the Department of Corrections. (b) "Director" refers to...
  • California Penal Code Section 6081
    As used in this code, "prison" and "state prison" include the California Institution for Women.
  • California Penal Code Section 6082
    References in this title and in Title 5 (commencing with Section 4500) to prisons refer to all facilities, camps, hospitals and institutions for the confinement,...
  • California Penal Code Section 6100
    There is hereby established an institution under the jurisdiction of the Department of Corrections to be known as the Medical Facility.
  • California Penal Code Section 6101
    The Medical Facility shall be located in the northern part of the State.
  • California Penal Code Section 6102
    The primary purpose of the medical facility shall be the receiving, segregation, confinement, treatment and care of males under the custody of the Department of...
  • California Penal Code Section 6103
    The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the Medical Facility.
  • California Penal Code Section 6104
    The Director of Corrections shall make rules and regulations for the government of the Medical Facility and the management of its affairs.
  • California Penal Code Section 6105
    The Governor, upon the recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the medical facility. The director...
  • California Penal Code Section 6106
    The supervision, management, and control of the Medical Facility and the responsibility for the care, custody, treatment, training, discipline and employment of persons confined therein...
  • California Penal Code Section 6125
    There is hereby created the independent Office of the Inspector General which shall not be a subdivision of any other governmental entity. The Governor shall...
  • California Penal Code Section 6126
    (a) The Inspector General shall be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation,...
  • California Penal Code Section 6126.2
    The Inspector General shall not hire any person known to be directly or indirectly involved in an open internal affairs investigation being conducted by any...
  • California Penal Code Section 6126.3
    (a) The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released....
  • California Penal Code Section 6126.4
    It is a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any...
  • California Penal Code Section 6126.5
    (a) Notwithstanding any other provision of law, the Inspector General during regular business hours or at any other time determined necessary by the Inspector General,...
  • California Penal Code Section 6126.6
    (a) Prior to filling a vacancy for warden by appointment pursuant to Section 6050, or superintendent pursuant to Section 1049 of the Welfare and Institutions...
  • California Penal Code Section 6127.1
    The Inspector General shall be deemed to be a department head for the purpose of Section 11189 of the Government Code in connection with any...
  • California Penal Code Section 6127.3
    (a) In connection with duties authorized pursuant to this chapter, the Office of the Inspector General may do any of the following: (1) Administer oaths....
  • California Penal Code Section 6127.4
    (a) The superior court in the county in which any interview is held under the direction of the Inspector General, or his or her designee,...
  • California Penal Code Section 6128
    (a) The Office of the Inspector General may receive communications from any individual, including those employed by any department, board, or authority who believes he...
  • California Penal Code Section 6129
    (a) (1) For purposes of this section, "employee" means any person employed by the Department of Corrections and Rehabilitation. (2) For purposes of this section,...
  • California Penal Code Section 6132
    (a) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report annually to the Governor and the Legislature a summary of its reports....
  • California Penal Code Section 6133
    (a) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations conducted by the...
  • California Penal Code Section 6140
    There is in the Office of the Inspector General the California Rehabilitation Oversight Board (C-ROB). The board shall consist of the 11 members as follows:...
  • California Penal Code Section 6141
    The California Rehabilitation Oversight Board shall meet at least quarterly, and shall regularly examine the various mental health, substance abuse, educational, and employment programs for...
  • California Penal Code Section 6200
    There are hereby established, under the jurisdiction of the Director of Corrections, the Sierra Conservation Center, the North Coast Conservation Center and the Southern Conservation...
  • California Penal Code Section 6201
    The primary purpose of the conservation centers shall be the receiving, employment, care, custody and education of inmates in the custody of the Director of...
  • California Penal Code Section 6202
    Work of inmates assigned to the conservation centers may be performed at the conservation centers or branches thereof or in or from permanent, temporary, and...
  • California Penal Code Section 6203
    The Director of Corrections shall, in accordance with law, construct and provide equipment for suitable buildings, structures, and facilities for the conservation centers, branches thereof,...
  • California Penal Code Section 6204
    The Director of Corrections shall make rules and regulations for the government of the conservation centers in the management of their affairs.
  • California Penal Code Section 6205
    Each conservation center shall be headed by a warden, appointed pursuant to Section 6050, and the Director of Corrections shall appoint, subject to civil service,...
  • California Penal Code Section 6206
    The supervision, management, and control of the conservation centers and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein...
  • California Penal Code Section 6207
    The provisions of Part 3 (commencing with Section 2000), insofar as applicable, apply to the conservation centers and branches thereof and any permanent, temporary, and...
  • California Penal Code Section 6208
    Any persons under the custody of the Director of Corrections may be transferred to the conservation centers in accordance with law.
  • California Penal Code Section 6220
    The Director of Corrections may establish and operate facilities to be known as restitution centers.
  • California Penal Code Section 6221
    The purpose of restitution centers is to provide a means for those sentenced to prison to be able to pay their victims' financial restitution, which...
  • California Penal Code Section 6222
    The location for a restitution center or centers shall be determined by the Director of Corrections with approval from the county board of supervisors or...
  • California Penal Code Section 6223
    Restitution centers shall be located in areas which will maximize the employment opportunities of persons sentenced to the centers.
  • California Penal Code Section 6224
    The supervision, management, and control of the restitution centers and the responsibility for the care, custody, discipline, and employment of persons confined therein are vested...
  • California Penal Code Section 6224.5
    The Director of Corrections may commingle inmates who have been assigned to a restitution center pursuant to Section 6227 with inmates who are in transit...
  • California Penal Code Section 6225
    Supervision of inmates in the restitution centers may be by contract with private nonprofit or profit corporations, or by peace officer personnel of the Department...
  • California Penal Code Section 6226
    The Director of Corrections in establishing a restitution center shall enter into an agreement with the county, city, or city and county in which the...
  • California Penal Code Section 6227
    The court may order the Department of Corrections to place an eligible defendant in a restitution center if the court makes a restitution order, or...
  • California Penal Code Section 6227.5
    The Judicial Council shall provide information to sentencing courts to ensure that the judges responsible for sentencing are aware of the existence of the restitution
  • California Penal Code Section 6228
    A defendant is eligible for placement in a restitution center if the defendant does not have a criminal history of a conviction for the sale...
  • California Penal Code Section 6229
    In each county, city, or city and county, in which a restitution center is established, there shall be a restitution center community advisory board to...
  • California Penal Code Section 6230
    (a) Offenders shall perform all the labor necessary to maintain the restitution center and meet the offenders' needs unless the director finds that a particular...
  • California Penal Code Section 6231
    (a) Wages earned by an offender, less any deductions for taxes, shall be paid directly to the Department of Corrections. (b) Wage moneys received by...
  • California Penal Code Section 6233
    (a) An offender shall not leave a restitution center except to go to work or when specifically authorized and shall return to the restitution center...
  • California Penal Code Section 6234
    (a) The offender shall not be allowed to take employment if the rate of pay or other conditions of employment are less than those paid...
  • California Penal Code Section 6235
    The Department of Corrections shall, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government...
  • California Penal Code Section 6236
    This chapter shall be known as "Restitution Centers."
  • California Penal Code Section 6240
    The Legislature finds and declares the following: (a) The number of people in state prisons whose primary commitment offense was for drug law violations represents...
  • California Penal Code Section 6240.5
    This act shall be known, and may be cited, as the Substance Abuse Community Correctional Treatment Act.
  • California Penal Code Section 6240.6
    For purposes of this chapter, the following definitions shall apply: (a) "Board" means the Board of Corrections. (b) "Department" means the Department of Corrections. (c)...
  • California Penal Code Section 6241
    (a) The Substance Abuse Community Correctional Detention Centers Fund is hereby created within the State Treasury. The Board of Corrections is authorized to provide funds,...
  • California Penal Code Section 6241.5
    Because of the difficulties of finding locations for programs described in this chapter, the state shall assist in making state-owned lands available to counties for...
  • California Penal Code Section 6242
    (a) The county shall assume full responsibility to administer and operate the center and program consistent with the criteria set forth in this chapter and...
  • California Penal Code Section 6242.5
    (a) The board shall establish minimum standards, including security requirements, for the construction of facilities pursuant to this chapter. (b) The board shall develop an...
  • California Penal Code Section 6242.6
    (a) The board shall provide evaluation of the progress, activities, and performance of each center and participating county's progress established pursuant to this chapter and...
  • California Penal Code Section 6243
    Primary offender groups to be dealt with in the programs established by this chapter shall be probation or parole violators who would otherwise be returned...
  • California Penal Code Section 6245
    In submitting a proposal, a county's plan shall include at least all of the following elements that meet standards established by the board in its...
  • California Penal Code Section 6246
    Each recipient county shall set up a program oversight committee, under rules and guidelines the Board of Corrections formulates, which shall include representatives from the...
  • California Penal Code Section 6250
    (a) The Director of Corrections may establish and operate facilities to be known as community correctional centers. The director may enter into a long-term agreement,...
  • California Penal Code Section 6250.2
    (a) The Secretary of the Department of Corrections and Rehabilitation may enter into agreements for the transfer of prisoners to, or placement of prisoners in,...
  • California Penal Code Section 6250.5
    (a) The Director of Corrections may contract for the establishment and operation of community correctional facilities that offer programs for the treatment of addiction to...
  • California Penal Code Section 6251
    The primary purpose of such facilities is to provide housing, supervision, counseling, and other correctional programs for persons committed to the Department of Corrections.
  • California Penal Code Section 6252
    The Director of Corrections shall make rules and regulations for the government of the community correctional centers in the management of their affairs.
  • California Penal Code Section 6253
    (a) The Director of Corrections may transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the Department of...
  • California Penal Code Section 6254
    The Director of Corrections may grant furloughs to residents of community correctional centers for the purpose of employment, education, including vocational training, or arranging a...
  • California Penal Code Section 6255
    The provisions of Title 5 (commencing with Section 4500) of Part 3 shall apply to all persons placed in a community correctional center by the...
  • California Penal Code Section 6256
    The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with appropriate public or private agencies, to provide...
  • California Penal Code Section 6258
    (a) The Director of Corrections may contract for the establishment and operation of separate community correctional reentry centers for men and women, provided that the...
  • California Penal Code Section 6258.1
    No inmate shall be transferred to a community correctional reentry facility unless all of the following conditions are met: (a) The inmate applies for a...
  • California Penal Code Section 6259
    (a) For the purposes of acquiring the 2,000 community correctional facility beds and notwithstanding any other provision of law, the procurement and performance of any...
  • California Penal Code Section 6260
    The Legislature finds and declares the following: that overcrowding in correctional institutions is not a desirable method of housing state inmates; that other methods of...
  • California Penal Code Section 6261
    (a) To the extent that public and private nonprofit and profit corporations have available beds and satisfy the criteria specified in this chapter, the Department...
  • California Penal Code Section 6262
    The Department of Corrections may contract with a public or private nonprofit or profit corporation meeting all the following conditions: (a) Availability of a work...
  • California Penal Code Section 6263
    (a) The Department of Corrections shall deny placement in a reentry work furlough program if it determines that an inmate would pose an unreasonable risk...
  • California Penal Code Section 6264
    The Department of Corrections shall review each inmate for work furlough consideration at least 120 days prior to his or her scheduled parole date.
  • California Penal Code Section 6265
    Any inmate violating the conditions of the work furlough prescribed by the Department of Corrections shall be subject to the disciplinary procedures identified in its...
  • California Penal Code Section 6266
    The director may charge the inmate in a work furlough program reasonable fees, based on ability to pay for room, board, and so much of...
  • California Penal Code Section 6267
    (a) (1) The Legislature finds and declares that the purpose of the program authorized under this section is to address the special needs of inmates...
  • California Penal Code Section 6300
    The Department of Corrections is authorized to establish and operate regional jail camps.
  • California Penal Code Section 6301
    The primary purpose of the camps shall be the confinement, treatment, and care of persons sentenced to long jail terms, including persons so imprisoned as...
  • California Penal Code Section 6302
    The Director of Corrections shall make rules and regulations governing eligibility for commitment or transfer to such camps and rules and regulations for the government...
  • California Penal Code Section 6303
    (a) The director may enter into a contract, with the approval of the Director of General Services, with any county of the state, upon the...
  • California Penal Code Section 6304
    The Director of Corrections may return to the committing authority any person committed transferred to a regional jail camp pursuant to this chapter when there...
  • California Penal Code Section 6350
    The Legislature finds and declares the following: (a) Maintaining an inmate's family and community relationships is an effective correctional technique which reduces recidivism. (b) Enhancing...
  • California Penal Code Section 6351
    The Department of Corrections shall contract with a private nonprofit agency or agencies to establish and operate a visitor center outside each state adult prison...
  • California Penal Code Section 6352
    Each visitor center shall provide, at a minimum, each of the following services to prison visitors: (a) Assistance to visitors with transportation between public transit...
  • California Penal Code Section 6353
    Each nonprofit agency which the department contracts with pursuant to Section 6351 shall submit to the department and to the Legislature an annual report which...
  • California Penal Code Section 6354
    The Department of Corrections shall employ all the following criteria in selecting the agency or agencies with which it contracts pursuant to Section 6351: (a)...
  • California Penal Code Section 6355
    Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote visits to prisoners.
  • California Penal Code Section 6356
    The department shall cooperate with the Department of Transportation in the development of public transportation services to prisons, pursuant to Section 14035.9 of the Government...
  • California Penal Code Section 6400
    Any amendments to existing regulations and any future regulations adopted by the Department of Corrections which may impact the visitation of inmates shall do all...
  • California Penal Code Section 7000
    (a) The Department of Corrections and Rehabilitation shall prepare plans for, and construct facilities and renovations included within, its master plan for which funds have...
  • California Penal Code Section 7001
    Any power, function, or jurisdiction for planning or construction of facilities or renovations pursuant to the master plan which is conferred by statute upon the...
  • California Penal Code Section 7002
    The department may transfer the responsibility for undertaking any aspect of the master plan to the Department of General Services or the Office of the...
  • California Penal Code Section 7003
    For each facility or project included within its master plan, at least 30 days prior to submission of preliminary plans to the State Public Works...
  • California Penal Code Section 7003.5
    (a) The department shall provide the Joint Legislative Budget Committee with quarterly reports on the progress of funded projects consistent with the requirements outlined in...
  • California Penal Code Section 7004
    The plans required pursuant to Section 7000 shall contain the department's plan for soliciting and receiving local public comment regarding the placement of a correctional...
  • California Penal Code Section 7004.5
    The Department of Corrections and Rehabilitation shall meet with representatives of cities or, if the prison is located in an unincorporated location, counties, whenever the...
  • California Penal Code Section 7005
    Notwithstanding any other provision of law, mitigation funding shall be distributed to any local education agency, or any city, county, or city and county as...
  • California Penal Code Section 7005.5
    (a) Any funds appropriated for mitigation costs pursuant to Section 7005 shall be divided as follows: one-half for allocation among any impacted local education agency,...
  • California Penal Code Section 7006
    (a) The Department of the Youth Authority is authorized to transfer to the Department of Corrections title to any property of the Preston School of...
  • California Penal Code Section 7008
    (a) Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to the addition of 150 Level I and Level II...
  • California Penal Code Section 7010
    (a) The Director of Corrections may solicit bids for any lease or lease-purchase for the establishment of a prison facility for a site in Los...
  • California Penal Code Section 7011
    (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the Kings County Board of Supervisors, the Corcoran City Council, and the...
  • California Penal Code Section 7012
    (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the State Public Works Board, the appropriate county board of supervisors, and...
  • California Penal Code Section 7013
    The Department of Corrections shall contract, or make a good-faith effort to contract, with the Department of Water Resources or the Bureau of Reclamation, or...
  • California Penal Code Section 7015
    (a) Except as provided in subdivision (b), the Department of Corrections may contract with the City of Folsom for the construction of a courthouse and...
  • California Penal Code Section 7016
    The Department of Corrections may contract with the County of Kern for the construction and financing of a courthouse and related facilities. Under this contract,...
  • California Penal Code Section 7050
    (a) (1) Section 28 of Chapter 7 of the Statutes of 2007 contains an appropriation of three hundred million dollars ($300,000,000) for capital outlay to...
  • California Penal Code Section 7100
    This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1981.
  • California Penal Code Section 7101
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 7102
    There is in the State Treasury the New Prison Construction Fund, which fund is hereby created.
  • California Penal Code Section 7103
    The New Prison Construction Committee is hereby created. The committee shall consist of the Controller, the State Treasurer, and the Director of Finance. Such committee...
  • California Penal Code Section 7104
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of...
  • California Penal Code Section 7105
    The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount...
  • California Penal Code Section 7106
    The moneys in the fund shall be used for the construction, renovation, remodeling, and deferred maintenance of state correctional facilities.
  • California Penal Code Section 7106.5
    The moneys in the fund may be used for construction of joint use correctional facilities housing county and state or federal prisoners or any combination...
  • California Penal Code Section 7107
    All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the...
  • California Penal Code Section 7108
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the...
  • California Penal Code Section 7109
    For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 7110
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7106...
  • California Penal Code Section 7111
    Money in the fund may only be expended for projects specified in this chapter pursuant to appropriations by the Legislature.
  • California Penal Code Section 7200
    This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1984.
  • California Penal Code Section 7201
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 7202
    There is in the State Treasury the 1984 Prison Construction Fund, which fund is hereby created.
  • California Penal Code Section 7203
    The 1984 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the State Treasurer, and the Director of Finance. That committee...
  • California Penal Code Section 7204
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of...
  • California Penal Code Section 7205
    The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount...
  • California Penal Code Section 7206
    The moneys in the fund shall be used for the construction, renovation, remodeling, and deferred maintenance of state correctional facilities.
  • California Penal Code Section 7207
    All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the...
  • California Penal Code Section 7208
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the...
  • California Penal Code Section 7209
    For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 7210
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7206...
  • California Penal Code Section 7211
    Money in the fund may only be expended for projects specified in this chapter pursuant to appropriations by the Legislature.
  • California Penal Code Section 7300
    This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1986.
  • California Penal Code Section 7301
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 7302
    There is in the State Treasury the 1986 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by...
  • California Penal Code Section 7303
    The 1986 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the State Treasurer, and the Director of Finance. That committee...
  • California Penal Code Section 7304
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of...
  • California Penal Code Section 7305
    The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount...
  • California Penal Code Section 7306
    The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections facilities.
  • California Penal Code Section 7307
    (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of...
  • California Penal Code Section 7308
    There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the...
  • California Penal Code Section 7309
    For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General...
  • California Penal Code Section 7309.5
    Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
  • California Penal Code Section 7310
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7306...
  • California Penal Code Section 7311
    Money in the fund may only be expended pursuant to appropriations by the Legislature.
  • California Penal Code Section 7400
    This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1988.
  • California Penal Code Section 7401
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 7402
    There is in the State Treasury the 1988 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by...
  • California Penal Code Section 7403
    The 1988 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance. That committee shall...
  • California Penal Code Section 7404
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal...
  • California Penal Code Section 7405
    The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount...
  • California Penal Code Section 7406
    (a) Except as provided in subdivision (b), the moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of...
  • California Penal Code Section 7407
    (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of...
  • California Penal Code Section 7408
    Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter...
  • California Penal Code Section 7409
    For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an...
  • California Penal Code Section 7409.5
    Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
  • California Penal Code Section 7410
    The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of...
  • California Penal Code Section 7411
    Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with...
  • California Penal Code Section 7412
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7406...
  • California Penal Code Section 7413
    Money in the fund may only be expended pursuant to appropriations by the Legislature.
  • California Penal Code Section 7414
    The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes"...
  • California Penal Code Section 7420
    This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1990.
  • California Penal Code Section 7421
    The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the...
  • California Penal Code Section 7422
    There is in the State Treasury the 1990 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by...
  • California Penal Code Section 7423
    The 1990 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance, or their designated...
  • California Penal Code Section 7424
    The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal...
  • California Penal Code Section 7425
    The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount...
  • California Penal Code Section 7426
    The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities.
  • California Penal Code Section 7426.5
    Moneys deposited in the fund may also be used for the refinancing of interim debt incurred for any of the purposes specified in Section 7426.
  • California Penal Code Section 7427
    (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of...
  • California Penal Code Section 7428
    Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter...
  • California Penal Code Section 7429
    For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an...
  • California Penal Code Section 7430
    The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of...
  • California Penal Code Section 7431
    Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with...
  • California Penal Code Section 7432
    All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7426...
  • California Penal Code Section 7433
    Money in the fund may only be expended pursuant to appropriations by the Legislature.
  • California Penal Code Section 7434
    The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes"...
  • California Penal Code Section 7440
    The California Research Bureau in the California State Library shall conduct a study of the children of women who are incarcerated in state prisons. The...
  • California Penal Code Section 7441
    The purpose of the survey of state prisoners is to determine how many have children and to gather basic information about the children to include...
  • California Penal Code Section 7442
    (a) The purpose of the review of local agency records, in a representative sample of California counties, is to obtain outcome information about the status...
  • California Penal Code Section 7443
    The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their...
  • California Penal Code Section 7444
    The California Research Bureau shall convene an advisory group to assist in designing and administering the study.
  • California Penal Code Section 7445
    The California Research Bureau shall submit a report to the Legislature on or before January 1, 2003, analyzing the findings of its research, upon completion...
  • California Penal Code Section 7500
    The Legislature finds and declares all of the following: (a) The public peace, health, and safety is endangered by the spread of the human immunodeficiency...
  • California Penal Code Section 7501
    In order to address the public health crisis described in Section 7500, it is the intent of the Legislature to do all of the following:...
  • California Penal Code Section 7502
    As used in this title, the following terms shall have the following meanings: (a) "Correctional institution" means any state prison, county jail, city jail, Division...
  • California Penal Code Section 7503
    The Department of Corrections, the Department of the Youth Authority, and county health officers shall adopt guidelines permitting a chief medical officer to delegate his...
  • California Penal Code Section 7504
    Actions taken pursuant to this title shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980 of the Health and Safety Code....
  • California Penal Code Section 7505
    This title is intended to provide the authority for state and local correctional, custodial, and law enforcement agencies to perform medical testing of inmates and...
  • California Penal Code Section 7510
    (a) A law enforcement employee who believes that he or she came into contact with bodily fluids of either an inmate of a correctional institution,...
  • California Penal Code Section 7511
    (a) The chief medical officer shall, regardless of whether a report filed pursuant to Section 7510 contains a request for HIV or hepatitis B or...
  • California Penal Code Section 7512
    (a) An inmate of a correctional institution may request testing for HIV or hepatitis B or C of another inmate of that institution if he...
  • California Penal Code Section 7512.5
    In the absence of the filing of a report pursuant to Section 7510 or a request pursuant to Section 7512, the chief medical officer may...
  • California Penal Code Section 7513
    An inmate who is the subject of an HIV or hepatitis B or C test report filed pursuant to Section 7510 or an HIV or...
  • California Penal Code Section 7514
    (a) It shall be the chief medical officer's responsibility to see that personal counseling is provided to a law enforcement employee filing a report pursuant...
  • California Penal Code Section 7515
    (a) A decision of the chief medical officer made pursuant to Section 7511, 7512, or 7516 may be appealed, within three calendar days of receipt...
  • California Penal Code Section 7516
    (a) When a custodial officer or staff person of a correctional institution, observes or is informed of activity in a correctional institution that is classified...
  • California Penal Code Section 7516.5
    Any decision by a panel pursuant to Section 7515 or 7516 may be appealed to the superior court, either by a law enforcement employee filing...
  • California Penal Code Section 7516.8
    It shall be the responsibility of the chief medical officer to see that copies of the hearing decision are distributed in accordance with requirements of...
  • California Penal Code Section 7517
    Except as otherwise permitted by this title or any provision of law, any records, including decisions of a chief medical officer or an appeals panel,...
  • California Penal Code Section 7518
    (a) The Department of Corrections and Rehabilitation and local health officers shall adopt guidelines for the making of decisions pursuant to this chapter in consultation...
  • California Penal Code Section 7519
    (a) When an individual, including a minor charged with an offense for which he or she may be made a ward of the court under...
  • California Penal Code Section 7520
    (a) Upon the release of an inmate from a correctional institution, a medical representative of the institution shall notify the inmate's parole or probation officer,...
  • California Penal Code Section 7521
    (a) When a parole or probation officer learns from responsible medical authorities that a supervised person in his or her custody has any of the...
  • California Penal Code Section 7522
    (a) Supervisory and medical personnel in correctional institutions shall notify all law enforcement employees when those employees have had direct contact with the bodily fluids...
  • California Penal Code Section 7523
    Information obtained by a law enforcement employee pursuant to this chapter shall be confidential, and shall not be disclosed except as specifically authorized by this...
  • California Penal Code Section 7530
    The following procedures shall apply to testing conducted under this title: (a) The withdrawal of blood shall be performed in a medically approved manner. Only...
  • California Penal Code Section 7531
    Notwithstanding any other provision of law, no positive test results obtained pursuant to this title shall be disclosed to any person unless the initial positive...
  • California Penal Code Section 7540
    A person committing any of the following acts shall be guilty of a misdemeanor: (a) Willful false reporting in conjunction with a report or a...
  • California Penal Code Section 7550
    The State Department of Health Services shall prepare standardized forms for the reports, notices, and findings required by this title, and distribute these forms to...
  • California Penal Code Section 7551
    A correctional, custodial, or law enforcement agency to which this title applies shall be responsible for informing staff of the provisions of this title, and...
  • California Penal Code Section 7552
    (a) It is recommended that every city or county correctional, custodial, and law enforcement agency to which this title applies have a comprehensive AIDS and...
  • California Penal Code Section 7553
    With the approval of the county health officer, the State Department of Health Services, as it deems necessary for HIV detection and prevention, may conduct...
  • California Penal Code Section 7554
    (a) The purpose of this section is to establish the extent of peace officers' occupational exposure for HIV infection. (b) The correctional, custodial, or law...
  • California Penal Code Section 7570
    In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety...
  • California Penal Code Section 7571
    For purposes of this title, the following definitions shall apply: (a) "Chief medical officer" means the chief medical officer or acting chief medical officer of...
  • California Penal Code Section 7572
    The chief of medical services, or his or her designee, shall use every available means to ascertain the existence of, and to immediately investigate all...
  • California Penal Code Section 7573
    (a) The chief medical officer shall order an inmate or ward to receive an examination or test, or may order an inmate or ward to...
  • California Penal Code Section 7574
    Notwithstanding Section 2600 or 2601, or any other provision of law, any inmate or ward who refuses to submit to an examination, test, or treatment...
  • California Penal Code Section 7575
    To provide effective control of the spread of tuberculosis in institutions and to identify those among the inmate and ward populations with tuberculosis, the Department...
  • California Penal Code Section 7576
    (a) The Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, and the Youthful Offender Parole Board shall compile information...
  • California Penal Code Section 8000
    The Legislature finds and declares that the existence of live-in alternative to incarceration rehabilitation programs with special focus on substance abusers provide a useful alternative...
  • California Penal Code Section 8001
    For purposes of this title, a live-in alternative to incarceration rehabilitation program with special focus on substance abusers means any long-term (two-year minimum) private, nonprofit...
  • California Penal Code Section 8002
    Notwithstanding any other provision of law, the participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers,...
  • California Penal Code Section 8050
    This chapter shall be known and may be cited as the Community-Based Punishment Act of 1994.
  • California Penal Code Section 8051
    The Legislature hereby finds and declares as follows: (a) Community-based punishment programs require a partnership between the state and local government to provide and expand...
  • California Penal Code Section 8052
    As used in this chapter, the following definitions shall apply: (a) "Board" means the Board of Corrections, unless otherwise indicated. (b) "Chief correctional administrator" means...
  • California Penal Code Section 8060
    This chapter shall be administered by the board. The board shall be responsible for ensuring that the policies and activities undertaken by state or local...
  • California Penal Code Section 8061
    The board, in collaboration with state, local, and community-based departments, agencies, and organizations shall do the following: (a) Describe the parameters of effective community-based punishment...
  • California Penal Code Section 8080
    Each county or collaboration of counties electing to operate a community-based punishment program under this chapter shall develop a community-based punishment plan describing the continuum...
  • California Penal Code Section 8090
    Implementation of this chapter pursuant to Section 8060 is contingent upon the availability of funding. Funding for community-based punishment programs shall be administered by the...
  • California Penal Code Section 8091
    (a) From the amount of money appropriated for purposes of this chapter to the board, the board shall allocate block grants to counties or collaborations...
  • California Penal Code Section 8092
    The board, in collaboration with its member and constituent agencies and departments, shall seek startup funding for community-based punishment planning and programming from public and...
  • California Penal Code Section 8093
    The board shall monitor the expenditures and funds of participating counties and collaborations of counties to determine whether the funds are being expended in accordance...
  • California Penal Code Section 9000
    As used in this chapter, the following definitions apply: (a) "Board" means the Sex Offender Management Board created in this chapter. (b) "Sex Offender" means...
  • California Penal Code Section 9001
    (a) The Sex Offender Management Board which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 17 members....
  • California Penal Code Section 9002
    (a) The board shall address any issues, concerns, and problems related to the community management of adult sex offenders. The main objective of the board,...
  • California Penal Code Section 9003
    (a) On or before July 1, 2011, the board shall develop and update standards for certification of sex offender management professionals. All those professionals who...
  • California Penal Code Section 10000
    The provisions of Part 3 (commencing with Section 2000), insofar as they are substantially the same as existing provisions relating to the same subject matter,...
  • California Penal Code Section 10001
    All persons who, at the time this act goes into effect, hold office under any of the acts repealed by this act, which offices are...
  • California Penal Code Section 10002
    No action or proceeding commenced before this act takes effect, and no right accrued, is affected by the provisions of this act, but all procedure...
  • California Penal Code Section 10003
    If any portion of Part 3 (commencing with Section 2000) is held unconstitutional, that decision shall not affect the validity of any other portion of...
  • California Penal Code Section 10004
    Division, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or...
  • California Penal Code Section 10005
    Whenever, by the provisions of this act, a power is granted to a public officer or a duty imposed upon such an officer, the power...
  • California Penal Code Section 10006
    (a) The Department of the Youth Authority and local juvenile halls and camps are prohibited from allowing a minor detained in any institution or facility...
  • California Penal Code Section 10007
    The Department of Corrections and Rehabilitation may use portable or temporary buildings to provide rehabilitation, treatment, and educational services to inmates within its custody, or...
  • California Penal Code Section 11006
    The Attorney General shall appoint such agents and other employees as he deems necessary to carry out the provisions of this chapter. All persons employed...
  • California Penal Code Section 11008
    The Attorney General shall from time to time arrange for and organize schools at convenient centers in the State to train peace officers in their...
  • California Penal Code Section 11010
    (a) The Department of Justice shall adopt standards and guidelines regarding the handling of potential evidence arising out of the testing of substances that are...
  • California Penal Code Section 11050
    In any crime of statewide importance, the Attorney General may, upon the request of any district attorney, sheriff or chief of police, assign to such...
  • California Penal Code Section 11050.5
    (a) The Attorney General may, upon the request of any district attorney, sheriff, chief of police, or other local, state or federal law enforcement official,...
  • California Penal Code Section 11051
    The Department of Justice shall perform duties in the investigation, detection, apprehension, prosecution or suppression of crimes as may be assigned by the Attorney General...
  • California Penal Code Section 11052
    For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer...
  • California Penal Code Section 11053
    After the effective date of this chapter, and thereafter until the Governor finds and proclaims that an emergency no longer exists in preparing for the...
  • California Penal Code Section 11054
    No investigation of the acts or conduct of any state agency or state official shall be initiated or made through or by the bureau or...
  • California Penal Code Section 11055
    (a) There is within the Department of Justice the Foreign Prosecution and Law Enforcement Unit designated with the responsibility for assisting local law enforcement agencies...
  • California Penal Code Section 11060
    There is hereby established in the Bureau of Forensic Services of the Department of Justice the California Criminalistics Institute. The purposes of the institute shall...
  • California Penal Code Section 11061
    To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon agreement by...
  • California Penal Code Section 11061.5
    (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for graduate-level students. (1)...
  • California Penal Code Section 11062
    (a) The Department of Justice shall establish and chair a task force to conduct a review of California's crime laboratory system. (b) The task force...
  • California Penal Code Section 11075
    (a) As used in this article, "criminal offender record information" means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders...
  • California Penal Code Section 11076
    Criminal offender record information shall be disseminated, whether directly or through any intermediary, only to such agencies as are, or may subsequently be, authorized access...
  • California Penal Code Section 11077
    The Attorney General is responsible for the security of criminal offender record information. To this end, he or she shall: (a) Establish regulations to assure...
  • California Penal Code Section 11077.1
    (a) Commencing July 1, 2005, and except as provided by subdivision (b), the Department of Justice shall accept fingerprint images and related information to process...
  • California Penal Code Section 11077.2
    (a) The Attorney General shall establish a communication network that allows the transmission of requests from private service providers in California to the Department of...
  • California Penal Code Section 11078
    Each agency holding or receiving criminal offender record information in a computerized system shall maintain, for such period as is found by the Attorney General...
  • California Penal Code Section 11079
    (a) The Attorney General may conduct inquiries and investigations as he or she finds appropriate to carry out functions under this article. The Attorney General...
  • California Penal Code Section 11080
    Nothing in this article shall be construed to affect the right of access of any person or public agency to individual criminal offender record information...
  • California Penal Code Section 11080.5
    A chief of police of a city or the sheriff of a county shall be authorized to request and receive relevant information concerning persons when...
  • California Penal Code Section 11081
    Nothing in this article shall be construed to authorize access of any person or public agency to individual criminal offender record information unless such access...
  • California Penal Code Section 11100
    The Attorney General shall provide for the installation of a proper system and file in the office of the bureau, cards containing an outline of...
  • California Penal Code Section 11101
    The Attorney General shall procure from any available source, and file for record and report in the office of the bureau, all descriptions, information, photographs,...
  • California Penal Code Section 11102
    The department may use the following systems of identification: the Bertillon, the fingerprint system, and any system of measurement that may be adopted by law...
  • California Penal Code Section 11102.1
    (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on...
  • California Penal Code Section 11102.2
    (a) (1) As used in this section, "custodian of records" means the individual designated by an agency as responsible for the security, storage, dissemination, and...
  • California Penal Code Section 11103
    The Attorney General shall keep on file in the office of the bureau a record consisting of duplicates of all measurements, processes, operations, signaletic cards,...
  • California Penal Code Section 11104
    The Attorney General shall file all measurements, information and descriptions received and shall make a complete and systematic record and index, providing a method of...
  • California Penal Code Section 11105
    (a) (1) The Department of Justice shall maintain state summary criminal history information. (2) As used in this section: (A) "State summary criminal history information"...
  • California Penal Code Section 11105.01
    In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and...
  • California Penal Code Section 11105.02
    In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and...
  • California Penal Code Section 11105.03
    (a) Subject to the requirements and conditions set forth in this section and Section 11105, local law enforcement agencies are hereby authorized to provide state...
  • California Penal Code Section 11105.04
    (a) A designated Court Appointed Special Advocate (CASA) program may submit to the Department of Justice fingerprint images and related information of employment and volunteer...
  • California Penal Code Section 11105.05
    Any information generated pursuant to the provisions of paragraph (11) of subdivision (c) of Section 11105 shall be destroyed at the end of the limitation...
  • California Penal Code Section 11105.06
    The Department of Justice shall retain an individual's fingerprint images and related information submitted as part of a peace officer or nonsworn law enforcement agency...
  • California Penal Code Section 11105.1
    (a) The following persons shall be furnished with state summary criminal history information when needed in the course of their duties: (1) The director of...
  • California Penal Code Section 11105.2
    (a) The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to...
  • California Penal Code Section 11105.3
    (a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any...
  • California Penal Code Section 11105.4
    (a) Notwithstanding any other provision of law, a contract or proprietary security organization may request any criminal history information concerning its prospective employees that may...
  • California Penal Code Section 11105.5
    When the Department of Justice receives a report that the record of a person has been sealed under Section 851.7, 851.8, or 1203.45, it shall...
  • California Penal Code Section 11105.6
    Upon the request of a licensed bail agent or bail bond licensee, as described in Sections 1276 and 1276.5, a local law enforcement agency may...
  • California Penal Code Section 11105.7
    (a) Notwithstanding any other provision of law, when a person is required to submit fingerprints or a fingerprint card to the Department of Justice for...
  • California Penal Code Section 11105.75
    (a) (1) If, in the course of performing a criminal history background investigation for an agency or entity statutorily authorized to receive a criminal history,...
  • California Penal Code Section 11105.8
    A nonprofit organization that is funded pursuant to subsection (a) of Section 3796h of Title 42 of the United States Code may be granted access...
  • California Penal Code Section 11106
    (a) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b),...
  • California Penal Code Section 11106.1
    Any system of microphotography, optical disk, or reproduction by other techniques that do not permit additions, deletions, or changes to the original document, may be...
  • California Penal Code Section 11106.2
    Any criminal justice agency may cause any or all files or records in its official custody to be microphotographed or otherwise reproduced pursuant to Section...
  • California Penal Code Section 11106.3
    Fingerprints may be stored or created in an electronic format that does not permit additions, deletions or changes to the original fingerprints so long as...
  • California Penal Code Section 11107
    Each sheriff or police chief executive shall furnish all of the following information to the Department of Justice on standard forms approved by the department:...
  • California Penal Code Section 11107.5
    The Attorney General shall report annually to the Legislature concerning the information pertaining to the sexual abuse of children reported to the Department of Justice...
  • California Penal Code Section 11108
    (a) Each sheriff or police chief executive shall submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported...
  • California Penal Code Section 11108.3
    (a) In addition to the requirements of Section 11108 that apply to a local law enforcement agency's duty to report to the Department of Justice...
  • California Penal Code Section 11108.5
    (a) If a law enforcement agency identifies serialized property or any property reported pursuant to Section 21628 of the Business and Professions Code that has...
  • California Penal Code Section 11108.9
    Each local law enforcement agency shall develop, in conjunction with and subject to the approval of the Department of Justice, a succinct Serial Number Restoration...
  • California Penal Code Section 11108.10
    (a) In addition to the requirements of Sections 11108 and 11108.3, commencing January 1, 2009, every local law enforcement agency may cause to be entered...
  • California Penal Code Section 11109
    Each coroner promptly shall furnish the Department of Justice with copies of fingerprints on standardized eight-inch by eight-inch cards, and descriptions and other identifying data,...
  • California Penal Code Section 11111
    The Department of Justice shall maintain records relative to stolen and lost bicycles in the Criminal Justice Information System. Such records shall be accessible to...
  • California Penal Code Section 11112
    The Department of Justice, in providing fingerprint clearances for employment purposes, shall facilitate the processing of fingerprint cards of employees of, and applicants for employment...
  • California Penal Code Section 11112.1
    As used in this article: (a) "California Identification System" or "Cal-ID" means the automated system maintained by the Department of Justice for retaining fingerprint files...
  • California Penal Code Section 11112.2
    The department shall develop a master plan recommending the type, number, and location of equipment necessary to implement RAN. The department shall also develop policy...
  • California Penal Code Section 11112.3
    (a) The Attorney General shall appoint a RAN Advisory Committee to review the master plan, policy guidelines, and administrative procedures prepared by the department and...
  • California Penal Code Section 11112.4
    (a) Within each county or group of counties eligible to receive funding under the department's master plan for equipment, that elects to participate in the...
  • California Penal Code Section 11112.5
    (a) Costs for equipment purchases based upon the master plan approved by the Attorney General, including state sales tax, freight, insurance, and installation, shall be...
  • California Penal Code Section 11112.6
    (a) The Cal-ID Telecommunications System shall be under the direction of the Attorney General and shall be used exclusively for the official business of the...
  • California Penal Code Section 11112.7
    The Attorney General shall provide an annual status report to the Legislature beginning January 1, 1987, with the final report due January 1, 1990. The...
  • California Penal Code Section 11115
    In any case in which a sheriff, police department or other law enforcement agency makes an arrest and transmits a report of the arrest to...
  • California Penal Code Section 11116.5
    Any dismissal and reason therefor provided by Section 11115 or 13151. 1 may be used by the person subject to the disposition as an answer...
  • California Penal Code Section 11116.6
    The dispositions provided by Sections 11115 and 13151.1 must be entered on all appropriate records of the party arrested, detained, or against whom criminal proceedings...
  • California Penal Code Section 11116.7
    Whenever an accusatory pleading is filed in any court of this state alleging a public offense for which a defendant may be punished by incarceration,...
  • California Penal Code Section 11116.8
    The certificate of disposition provided by Section 11116.7 shall describe the charge or charges set forth in the original and any amended accusatory pleading, together...
  • California Penal Code Section 11116.9
    The clerk of the court in which the disposition is made shall provide the defendant or his counsel of record with additional certified copies of...
  • California Penal Code Section 11116.10
    (a) Upon the request of a victim or a witness of a crime, the prosecuting attorney shall, within 60 days of the final disposition of...
  • California Penal Code Section 11117
    The Department of Justice shall prescribe and furnish the procedures and forms to be used for the disposition and other reports required in this article...
  • California Penal Code Section 11120
    As used in this article, "record" with respect to any person means the state summary criminal history information as defined in subdivision (a) of Section...
  • California Penal Code Section 11121
    It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an...
  • California Penal Code Section 11122
    Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints...
  • California Penal Code Section 11123
    The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee not to exceed twenty-five dollars ($25)...
  • California Penal Code Section 11124
    When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is...
  • California Penal Code Section 11125
    No person or agency shall require or request another person to furnish a copy of a record or notification that a record exists or does...
  • California Penal Code Section 11126
    (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, he or she may submit a...
  • California Penal Code Section 11127
    The department shall adopt all regulations necessary to carry out the provisions of this article.
  • California Penal Code Section 11140
    As used in this article: (a) "Record" means the state summary criminal history information as defined in subdivision (a) of Section 11105, or a copy...
  • California Penal Code Section 11141
    Any employee of the Department of Justice who knowingly furnishes a record or information obtained from a record to a person who is not authorized...
  • California Penal Code Section 11142
    Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person...
  • California Penal Code Section 11143
    Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a...
  • California Penal Code Section 11144
    (a) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the...
  • California Penal Code Section 11145
    In lieu of a national check of fingerprint records conducted by the Federal Bureau of Investigation through the California Department of Justice, state agencies shall...
  • California Penal Code Section 11146
    This chapter applies to: (a) The California Commission for Teacher Preparation and Licensing, in licensing of all teaching and services credential applicants, pursuant to Section...
  • California Penal Code Section 11147
    In order that a thorough search may be conducted, the agencies listed in Section 11146 shall require applicants, as a condition of employment or licensing,...
  • California Penal Code Section 11148
    The agencies listed in Section 11146 may contract with any vendor demonstrating the capability to conduct such background searches in a timely manner and with...
  • California Penal Code Section 11149
    In order to expedite the work of the vendor, all applications submitted to the vendor shall include the results of the fingerprint checks conducted by...
  • California Penal Code Section 11149.1
    Vendors are exempted from any provisions of Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil...
  • California Penal Code Section 11149.2
    Notwithstanding any other provision of law, applicants may be charged for the actual cost of the national search required by this statute, including administrative costs,...
  • California Penal Code Section 11149.3
    Any vendor or employee of a vendor who knowingly furnishes a record or information obtained from a record to a person who is not authorized...
  • California Penal Code Section 11149.4
    Any vendor or employee of a vendor who intentionally discloses information, not otherwise public, which that person knows or should reasonably know was obtained from...
  • California Penal Code Section 11150
    Prior to the release of a person convicted of arson from an institution under the jurisdiction of the Department of Corrections, the Director of Corrections...
  • California Penal Code Section 11151
    Within five days after release of a person convicted of arson from an institution under the jurisdiction of the Department of Mental Hygiene, the Director...
  • California Penal Code Section 11152
    Upon receipt of a notice as provided in Section 11150 or 11151, the State Fire Marshal shall notify all regularly organized fire departments in the...
  • California Penal Code Section 11155
    (a) As soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days...
  • California Penal Code Section 11156
    The notice sent to the chief of police and county sheriff pursuant to Section 11155 shall include an actual glossy photograph no smaller than 3...
  • California Penal Code Section 11157
    The victims may be notified of the opportunity to receive the notices provided by this article by means of adding a paragraph to the information...
  • California Penal Code Section 11158
    As used in this article, "victim" means any person alleged or found, upon the record, to have sustained physical or financial injury to person or...
  • California Penal Code Section 11160
    (a) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of...
  • California Penal Code Section 11160.1
    (a) Any health practitioner employed in any health facility, clinic, physician's office, local or state public health department, or a clinic or other type of...
  • California Penal Code Section 11161
    Notwithstanding Section 11160, the following shall apply to every physician or surgeon who has under his or her charge or care any person described in...
  • California Penal Code Section 11161.2
    (a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack...
  • California Penal Code Section 11161.5
    (a) It is the intent of the Legislature that on or before January 1, 2006, the California District Attorneys Association, in conjunction with interested parties,...
  • California Penal Code Section 11161.8
    Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such...
  • California Penal Code Section 11161.9
    (a) A health practitioner who makes a report in accordance with this article shall not incur civil or criminal liability as a result of any...
  • California Penal Code Section 11162
    A violation of this article is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding...
  • California Penal Code Section 11162.5
    As used in this article, the following definitions shall apply: (a) "Health practitioner" has the same meaning as provided in paragraphs (21) to (28), inclusive,...
  • California Penal Code Section 11162.7
    This article shall not apply when a report is required to be made pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing...
  • California Penal Code Section 11163
    (a) The Legislature finds and declares that even though the Legislature has provided for immunity from liability, pursuant to Section 11161.9, for persons required or...
  • California Penal Code Section 11163.2
    (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant...
  • California Penal Code Section 11163.3
    (a) A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides...
  • California Penal Code Section 11163.4
    Subject to available funding, the Attorney General, working with the state domestic violence coalition, shall develop a protocol for the development and implementation of interagency...
  • California Penal Code Section 11163.5
    (a) The purpose of this section is to coordinate and integrate state and local efforts to address fatal domestic violence, and to create a body...
  • California Penal Code Section 11163.6
    In order to ensure consistent and uniform results, data may be collected and summarized by the domestic violence death review teams to show the statistical...
  • California Penal Code Section 11164
    (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act. (b) The intent and purpose of this...
  • California Penal Code Section 11165
    As used in this article "child" means a person under the age of 18 years.
  • California Penal Code Section 11165.1
    As used in this article, "sexual abuse" means sexual assault or sexual exploitation as defined by the following: (a) "Sexual assault" means conduct in violation...
  • California Penal Code Section 11165.2
    As used in this article, "neglect" means the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under...
  • California Penal Code Section 11165.3
    As used in this article, "the willful harming or injuring of a child or the endangering of the person or health of a child," means...
  • California Penal Code Section 11165.4
    As used in this article, "unlawful corporal punishment or injury" means a situation where any person willfully inflicts upon any child any cruel or inhuman...
  • California Penal Code Section 11165.5
    As used in this article, the term "abuse or neglect in out-of-home care" includes physical injury or death inflicted upon a child by another person...
  • California Penal Code Section 11165.6
    As used in this article, the term "child abuse or neglect" includes physical injury or death inflicted by other than accidental means upon a child...
  • California Penal Code Section 11165.7
    (a) As used in this article, "mandated reporter" is defined as any of the following: (1) A teacher. (2) An instructional aide. (3) A teacher's...
  • California Penal Code Section 11165.9
    Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be...
  • California Penal Code Section 11165.11
    As used in this article, "licensing agency" means the State Department of Social Services office responsible for the licensing and enforcement of the California Community...
  • California Penal Code Section 11165.12
    As used in this article, the following definitions shall control: (a) "Unfounded report" means a report that is determined by the investigator who conducted the...
  • California Penal Code Section 11165.13
    For purposes of this article, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a...
  • California Penal Code Section 11165.14
    The appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or...
  • California Penal Code Section 11165.15
    For the purposes of this article, the fact that a child is homeless or is classified as an unaccompanied minor, as defined in Section 11434a...
  • California Penal Code Section 11166
    (a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9...
  • California Penal Code Section 11166.01
    (a) Except as provided in subdivision (b), any supervisor or administrator who violates paragraph (1) of subdivision (i) of Section 11166 shall be punished by...
  • California Penal Code Section 11166.05
    Any mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk...
  • California Penal Code Section 11166.1
    (a) When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing...
  • California Penal Code Section 11166.2
    In addition to the reports required under Section 11166, any agency specified in Section 11165.9 shall immediately or as soon as practically possible report by...
  • California Penal Code Section 11166.3
    (a) The Legislature intends that in each county the law enforcement agencies and the county welfare or probation department shall develop and implement cooperative arrangements...
  • California Penal Code Section 11166.5
    (a) (1) On and after January 1, 1985, any mandated reporter as specified in Section 11165.7, with the exception of child visitation monitors, prior to...
  • California Penal Code Section 11167
    (a) Reports of suspected child abuse or neglect pursuant to Section 11166 or Section 11166.05 shall include the name, business address, and telephone number of...
  • California Penal Code Section 11167.5
    (a) The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a...
  • California Penal Code Section 11168
    The written reports required by Section 11166 shall be submitted on forms adopted by the Department of Justice after consultation with representatives of the various...
  • California Penal Code Section 11169
    (a) An agency specified in Section 11165.9 shall forward to the Department of Justice a report in writing of every case it investigates of known...
  • California Penal Code Section 11170
    (a) (1) The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The...
  • California Penal Code Section 11170.5
    (a) Notwithstanding paragraph (4) of subdivision (b) of Section 11170, the Department of Justice shall make available to a licensed adoption agency, as defined in...
  • California Penal Code Section 11171
    (a) (1) The Legislature hereby finds and declares that adequate protection of victims of child physical abuse or neglect has been hampered by the lack...
  • California Penal Code Section 11171.2
    (a) A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of...
  • California Penal Code Section 11171.5
    (a) If a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that the child has...
  • California Penal Code Section 11172
    (a) No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even...
  • California Penal Code Section 11174
    The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of abuse in out-of-home...
  • California Penal Code Section 11174.1
    (a) The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of child abuse...
  • California Penal Code Section 11174.3
    (a) Whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems it necessary, a...
  • California Penal Code Section 11174.32
    (a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication...
  • California Penal Code Section 11174.33
    Subject to available funding, the Attorney General, working with the California Consortium of Child Abuse Councils, shall develop a protocol for the development and implementation...
  • California Penal Code Section 11174.34
    (a) (1) The purpose of this section shall be to coordinate and integrate state and local efforts to address fatal child abuse or neglect, and...
  • California Penal Code Section 11174.35
    The State Department of Social Services shall work with state and local child death review teams and child protective services agencies in order to identify...
  • California Penal Code Section 11174.4
    The following definitions shall govern the construction of this article, unless the context requires otherwise: (a) "Elder" means any person who is 65 years of...
  • California Penal Code Section 11174.5
    (a) Each county may establish an interagency elder and dependent adult death review team to assist local agencies in identifying and reviewing suspicious elder and...
  • California Penal Code Section 11174.6
    County elder death review teams may be comprised of, but not limited to, the following: (a) Experts in the field of forensic pathology. (b) Medical...
  • California Penal Code Section 11174.7
    (a) An oral or written communication or a document shared within or produced by an elder and dependent adult death review team related to an...
  • California Penal Code Section 11174.8
    (a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent...
  • California Penal Code Section 11174.9
    Information gathered by the elder death review team and any recommendations made by the team shall be used by the county to develop education, prevention,...
  • California Penal Code Section 11175
    This article may be cited as the Uniform Act for Out-of-State Probationer or Parolee Supervision.
  • California Penal Code Section 11176
    Pursuant to the authority vested in this State by that certain act of Congress, approved June 6, 1934, and entitled "An act granting the consent...
  • California Penal Code Section 11177
    The compact or compacts authorized by Section 11176 shall be in substantially the following form: A compact entered into by and among the contracting states,...
  • California Penal Code Section 11177.1
    (a) Before a probationer or parolee may be returned to the sending state under this compact, he shall have a right to counsel and to...
  • California Penal Code Section 11177.2
    (a) No parolee or inmate may be released on parole to reside in any other receiving state if the parolee or inmate is subject to...
  • California Penal Code Section 11177.5
    The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may deputize any person regularly employed by another state...
  • California Penal Code Section 11177.6
    The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may, subject to the approval of the Department of...
  • California Penal Code Section 11178
    If any portion of this article is held unconstitutional, such decision shall not affect the validity of any other portions of this act.
  • California Penal Code Section 11179
    This article and compacts made pursuant thereto shall be construed as separate and distinct from any act or acts of this State relating to the...
  • California Penal Code Section 11180
    The Interstate Compact for Adult Offender Supervision as contained herein is hereby enacted into law and entered into on behalf of the state with any...
  • California Penal Code Section 11181
    (a) There is hereby established the California Council for Interstate Adult Offender Supervision. (b) The council shall exercise oversight and advocacy concerning its participation in...
  • California Penal Code Section 11189
    The Interstate Corrections Compact as set forth in this section is hereby adopted and entered into with all other jurisdictions joining therein. The provisions of...
  • California Penal Code Section 11190
    The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this State with any and all...
  • California Penal Code Section 11191
    (a) Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in Article II (d)...
  • California Penal Code Section 11192
    The courts, departments, agencies and officers of this State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation...
  • California Penal Code Section 11193
    Any inmate sentenced under California law who is imprisoned in another state, pursuant to a compact, shall be entitled to all hearings, within 120 days...
  • California Penal Code Section 11194
    The Director of Corrections is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation...
  • California Penal Code Section 11194.5
    (a) At the request of the board of supervisors of any county that is adjacent to another state, the county sheriff shall negotiate with the...
  • California Penal Code Section 11195
    Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to this article shall...
  • California Penal Code Section 11196
    The provisions of this article shall be severable and if any phrase, clause, sentence, or provision of this article is declared to be unconstitutional or...
  • California Penal Code Section 11197
    No person sentenced under California law who is committed or transferred to an institution outside of this state shall be competent to testify for the...
  • California Penal Code Section 11198
    (a) Except as authorized by California statute, no city, county, city and county, or private entity shall cause to be brought into, housed in, confined...
  • California Penal Code Section 11199
    (a) Any employee of a county child or adult protective services agency, while acting in his or her professional capacity or within the scope of...
  • California Penal Code Section 11200
    Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every...
  • California Penal Code Section 11201
    Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney,...
  • California Penal Code Section 11202
    Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either...
  • California Penal Code Section 11203
    Actions brought under this article shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions. If a complaint is...
  • California Penal Code Section 11204
    If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered as part...
  • California Penal Code Section 11205
    Any violation or disobedience of an injunction or order expressly provided for in this article is punishable as a contempt of court by a fine...
  • California Penal Code Section 11206
    Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed...
  • California Penal Code Section 11207
    "Person," as used in this article, means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
  • California Penal Code Section 11225
    (a) (1) Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution,...
  • California Penal Code Section 11226
    If there is reason to believe that a nuisance, as defined in this article or as set forth in Section 17800 of the Business and...
  • California Penal Code Section 11227
    (a) Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof,...
  • California Penal Code Section 11228
    Actions brought under this article have precedence over all actions, excepting criminal proceedings, election contests and hearings on injunctions, and in such actions evidence of...
  • California Penal Code Section 11229
    Any violation or disobedience of an injunction or order expressly provided for by this article is punishable as a contempt of court by a fine...
  • California Penal Code Section 11230
    (a) (1) If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered...
  • California Penal Code Section 11231
    The proceeds of the sale of the property, as provided in Section 11230, shall be applied as follows: 1. To the fees and costs of...
  • California Penal Code Section 11232
    If the owner of the building or place is not guilty of any contempt of court in the proceedings, and appears and pays all costs,...
  • California Penal Code Section 11233
    Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed,...
  • California Penal Code Section 11234
    "Person" as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
  • California Penal Code Section 11235
    "Building" as used in this article means so much of any building or structure of any kind as is or may be entered through the...
  • California Penal Code Section 11300
    It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or...
  • California Penal Code Section 11301
    As used in this article "craft" includes every boat, ship, vessel, craft, barge, hulk, float or other thing capable of floating.
  • California Penal Code Section 11302
    It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or...
  • California Penal Code Section 11303
    It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person...
  • California Penal Code Section 11304
    It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person...
  • California Penal Code Section 11305
    Any boat, ship, vessel, watercraft, barge, airplane, seaplane or aircraft, hereinafter called "means of conveyance," used for the purpose of transporting, conveying or carrying persons...
  • California Penal Code Section 11306
    Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney,...
  • California Penal Code Section 11307
    When any means of conveyance is seized pursuant to Section 11306, the owner thereof or any other person otherwise entitled to possession thereof may apply...
  • California Penal Code Section 11308
    If the existence of a nuisance as defined in this article is shown in any action brought under this article to the satisfaction of the...
  • California Penal Code Section 11309
    Actions brought under this article shall have precedence over all other actions, except criminal proceedings, election contests and hearings on injunctions. If the complaint is...
  • California Penal Code Section 11310
    If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered...
  • California Penal Code Section 11311
    A violation or disobedience of an injunction or order for abatement provided for in this article is punishable as a contempt of court by a...
  • California Penal Code Section 11312
    If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered...
  • California Penal Code Section 11313
    The proceeds of the sale of the means of conveyance shall be applied as follows: First--To the fees and costs of the seizure and sale....
  • California Penal Code Section 11314
    If the owner of the means of conveyance has not been guilty of any contempt of court in a proceeding brought under this article, and...
  • California Penal Code Section 11315
    Whenever the owner of the means of conveyance, or the owner of any interest therein, has been guilty of a contempt of court, and fined...
  • California Penal Code Section 11316
    Any person, firm, association or corporation, either as principal, agent, servant, employee or otherwise, who violates any of the provisions of this article is guilty...
  • California Penal Code Section 11317
    The term "gambling ship" as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of...
  • California Penal Code Section 11318
    If any section, subsection, paragraph, sentence or clause of this article is for any reason held to be invalid, the Legislature hereby declares that had...
  • California Penal Code Section 11319
    It is unlawful for any person to do any of the following: (a) Violate any provision of Chapter 9 (commencing with Section 319), Chapter 10...
  • California Penal Code Section 11410
    (a) The Legislature finds and declares that it is the right of every person regardless of actual or perceived disability, gender, gender identity, gender expression,...
  • California Penal Code Section 11411
    (a) Any person who hangs a noose, knowing it to be a symbol representing a threat to life, on the private property of another, without...
  • California Penal Code Section 11412
    Any person who, with intent to cause, attempts to cause or causes another to refrain from exercising his or her religion or from engaging in...
  • California Penal Code Section 11413
    (a) Any person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive, or who commits arson, in or about...
  • California Penal Code Section 11414
    (a) Any person who intentionally harasses the child or ward of any other person because of that person's employment shall be punished by imprisonment in...
  • California Penal Code Section 11415
    This article shall be known and may be cited as the Hertzberg-Alarcon California Prevention of Terrorism Act.
  • California Penal Code Section 11416
    The Legislature hereby finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, chemical, biological, nuclear, or...
  • California Penal Code Section 11417
    (a) For the purposes of this article, the following terms have the following meanings: (1) "Weapon of mass destruction" includes chemical warfare agents, weaponized biological...
  • California Penal Code Section 11418
    (a) (1) Any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any weapon of mass destruction, shall be punished by...
  • California Penal Code Section 11418.1
    Any person who gives, mails, sends, or causes to be sent any false or facsimile of a weapon of mass destruction to another person, or...
  • California Penal Code Section 11418.5
    (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement as defined in Section 225...
  • California Penal Code Section 11419
    (a) Any person or entity possessing any of the restricted biological agents enumerated in subdivision (b) shall be punished by imprisonment pursuant to subdivision (h)...
  • California Penal Code Section 11460
    (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in...
  • California Penal Code Section 11500
    The purpose of this title is to improve the administration of criminal justice by providing funding for statewide programs of education, training, and research for...
  • California Penal Code Section 11501
    (a) There is hereby established in the Office of Emergency Services, a program of financial assistance to provide for statewide programs of education, training, and...
  • California Penal Code Section 11502
    (a) Criteria for selection of education, training, and research programs for local public prosecutors and public defenders shall be developed by the Office of Emergency...
  • California Penal Code Section 11503
    There is hereby created in the State Treasury the Local Public Prosecutors and Public Defenders Training Fund for the support of the Prosecutors and Public...
  • California Penal Code Section 11504
    To the extent funds are appropriated from the Assessment Fund to the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503,...
  • California Penal Code Section 12001
    As used in this title, "firearm" has the meaning provided in subdivision (a) of Section 16520.
  • California Penal Code Section 12003
    If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of this title or any other provision listed in Section 16580 is for any reason...
  • California Penal Code Section 12021.5
    (a) Every person who carries a loaded or unloaded firearm on his or her person, or in a vehicle, during the commission or attempted commission...
  • California Penal Code Section 12022
    (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or...
  • California Penal Code Section 12022.1
    (a) For the purposes of this section only: (1) "Primary offense" means a felony offense for which a person has been released from custody on...
  • California Penal Code Section 12022.2
    (a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession...
  • California Penal Code Section 12022.3
    For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 262, 264.1, 286, 288,...
  • California Penal Code Section 12022.4
    (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose...
  • California Penal Code Section 12022.5
    (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be...
  • California Penal Code Section 12022.53
    (a) This section applies to the following felonies: (1) Section 187 (murder). (2) Section 203 or 205 (mayhem). (3) Section 207, 209, or 209.5 (kidnapping)....
  • California Penal Code Section 12022.55
    Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7,...
  • California Penal Code Section 12022.6
    (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, with the intent to cause that...
  • California Penal Code Section 12022.7
    (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony...
  • California Penal Code Section 12022.75
    (a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other...
  • California Penal Code Section 12022.8
    Any person who inflicts great bodily injury, as defined in Section 12022.7, on any victim in a violation of Section 220 involving a specified sexual...
  • California Penal Code Section 12022.85
    (a) Any person who violates one or more of the offenses listed in subdivision (b) with knowledge that he or she has acquired immune deficiency...
  • California Penal Code Section 12022.9
    Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with...
  • California Penal Code Section 12022.95
    Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or...
  • California Penal Code Section 13000
    (a) All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, "automated fingerprint identification system" means...
  • California Penal Code Section 13010
    It shall be the duty of the department: (a) To collect data necessary for the work of the department from all persons and agencies mentioned...
  • California Penal Code Section 13010.5
    The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department...
  • California Penal Code Section 13011
    The department may serve as statistical and research agency to the Department of Corrections, the Board of Prison Terms, the Board of Corrections, the Department...
  • California Penal Code Section 13012
    The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: (a) The amount and the types...
  • California Penal Code Section 13012.5
    (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by subdivision (d) of Section 13012, include...
  • California Penal Code Section 13012.6
    The annual report published by the department under Section 13010 shall include information concerning arrests for violations of Section 530.5.
  • California Penal Code Section 13013
    The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as...
  • California Penal Code Section 13014
    (a) The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases: (1) Collect information, as specified in subdivision...
  • California Penal Code Section 13020
    It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor...
  • California Penal Code Section 13021
    Local law enforcement agencies shall report to the Department of Justice such information as the Attorney General may by regulation require relative to misdemeanor violations...
  • California Penal Code Section 13022
    Each sheriff and chief of police shall annually furnish the Department of Justice, in the manner prescribed by the Attorney General, a report of all...
  • California Penal Code Section 13023
    (a) Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in...
  • California Penal Code Section 13023.5
    (a) The Alameda County District Attorney's Office and the Los Angeles County Sheriff's Department shall collect statistical data on arrests or prosecutions involving private information...
  • California Penal Code Section 13050
    Each sheriff or other officer to whom a complaint that relates to the loss or theft of any equine animal is made shall, in a...
  • California Penal Code Section 13051
    The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104 of the Food and Agricultural Code. The bureau shall...
  • California Penal Code Section 13100
    The Legislature finds and declares as follows: (a) That the criminal justice agencies in this state require, for the performance of their official duties, accurate...
  • California Penal Code Section 13100.1
    (a) The Attorney General shall appoint an advisory committee to the California-Criminal Index and Identification (Cal-CII) system to assist in the ongoing management of the...
  • California Penal Code Section 13100.2
    (a) The designee of the Attorney General shall serve as chair of the committee. (b) The Department of Justice shall provide staff and support for...
  • California Penal Code Section 13101
    As used in this chapter, "criminal justice agencies" are those agencies at all levels of government which perform as their principal functions, activities which either:...
  • California Penal Code Section 13102
    As used in this chapter, "criminal offender record information" means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and...
  • California Penal Code Section 13103
    Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this...
  • California Penal Code Section 13104
    Any certified reproduction of any record stored on a nonerasable storage medium under the provisions of this chapter shall be deemed to be a certification...
  • California Penal Code Section 13125
    All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the...
  • California Penal Code Section 13127
    Each recording agency shall insure that each portion of a criminal offender record that it originates shall include, for all felonies and reportable misdemeanors, the...
  • California Penal Code Section 13128
    For purposes of the maintenance of criminal records pursuant to Chapter 4 (commencing with Section 653.75) of Title 15, whenever a person is arrested for...
  • California Penal Code Section 13150
    For each arrest made, the reporting agency shall report to the Depa