Government Code
Part 40 of 107 · provisions 7,801–8,000
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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.
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- 27361.4. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
County boards may set certain $1 recorder filing fees, subject to conditions, and may not charge those fees to specified exempt entities except as noted.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.4. (a) The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record, in order to defray the cost of converting the county recorder’s document storage system to micrographics. Upon completion of the conversion and payment of the costs therefor, this additional fee shall no longer be imposed. (b) The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorder’s offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure. (c) The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation. (d) Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. (e) This section shall become operative on January 1, 2026. (Amended (as amended by Stats. 2020, Ch. 370, Sec. 155) by Stats. 2021, Ch. 77, Sec. 17. (AB 137) Effective July 16, 2021. Section operative January 1, 2026, by its own provisions.) - 27361.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
This section defines “page” and “sheet” for Section 27361.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.5. (a) As used in Section 27361, a page shall be one printed side of a single piece of paper being 81/2 inches by 11 inches. (b) A sheet shall be one printed side of a single piece of paper which is not exactly 81/2 inches by 11 inches but not greater than 81/2 inches by 14 inches. (Repealed and added by Stats. 1992, Ch. 87, Sec. 6. Effective January 1, 1993. Operative July 1, 1994, by Sec. 9 of Ch. 87.) - 27361.6. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
Documents submitted for recording must meet specific margin, paper, and formatting rules, and some filings need extra identifying information.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.6. Except as otherwise provided by law or regulation, all documents submitted for recording shall have at least a 1/2-inch margin on the two vertical sides except in the space reserved for recording information. At least the top 21/2 inches of the first page or sheet shall be reserved for recording information. The left-hand 31/2 inches of the space shall be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. In the event the first page or sheet of a document does not comply with these requirements, a separate page shall be attached by the party requesting recording to the front of the document which meets these criteria and which reflects the title or titles of the document as required by Section 27324. Any printed form accepted for recordation that does not comply with the foregoing shall not affect the notice otherwise imparted by recording. All instruments, papers, or notices presented for recordation shall be on a quality of paper and contain print of a size and color which will reproduce legibly by microphotographic or imaging processes as set forth in Sections 26205.5 and 27322.2. Any instrument, paper, or notice presented for recordation which in any way modifies, releases, or cancels the provisions of a previously recorded document shall state the recorder identification number or book and page of the document number being modified, released, or canceled. (Repealed and added by Stats. 1992, Ch. 87, Sec. 8. Effective January 1, 1993. Operative July 1, 1994, by Sec. 9 of Ch. 87.) - 27361.7. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
If a submitted document is hard to read well enough for a readable photographic record, the recorder may require a legible original or a legible copy, and the copy must be certified as true by the person who made it.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.7. Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the recorder may require the person presenting it for record to substitute a legible original document or to prepare a legible copy of the first document by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. The handwritten or typewritten legible copy shall be certified by the party creating the copy under penalty of perjury as being a true copy of the original. As used in this section, the word “text” includes the notary seal, certificates, and other appendages thereto. (Amended by Stats. 1981, Ch. 187, Sec. 1.) - 27361.8. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
An extra $1 recording fee applies when certain recorded items need additional indexing, with a 10-name grouping rule.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.8. (a) Whenever any instrument, paper, or notice is recorded that requires additional indexing by the county recorder to give notice required by law and does not refer to a previously recorded document by reference, as covered in Section 27361.2, an additional fee of one dollar ($1) shall be charged for each group of 10 names or fractional portion thereof after the initial group of 10 names. (b) Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. (Amended by Stats. 2021, Ch. 77, Sec. 18. (AB 137) Effective July 16, 2021.) - 27361.9. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
A county board of supervisors may authorize an additional filing fee for preliminary notices, but only to fund a system that supports compliance with Civil Code Section 8214.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27361.9. The board of supervisors of any county may provide for an additional fee for filing every preliminary notice pursuant to subdivision (a) of Section 8214 of the Civil Code for the exclusive purpose of defraying the cost of implementing and maintaining a system to facilitate compliance with subdivision (b) of Section 8214 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 34. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.) - 27364. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The board of supervisors sets the fee for each certificate under seal, and the amount must be enough to recover the direct and indirect costs tied to the service or any related regulation enforcement.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27364. The fee for each certificate under seal shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing the product or service or the cost of enforcing any regulation for which the fee or charge is levied. (Amended by Stats. 1993, Ch. 710, Sec. 2. Effective January 1, 1994.) - 27365. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
When the recorder makes a copy of a birth, death, or marriage certificate, the fee must match the fee charged by a state or local registrar of vital statistics.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27365. The fee for any copy of a birth, death, or marriage certificate, when the copy is made by the recorder, is the same as is payable to a state or local registrar of vital statistics. (Added by Stats. 1947, Ch. 424.) - 27366. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The board of supervisors must set the fee for copies of other records or papers on file in the recorder’s office, when the copy is made by the recorder.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27366. The fee for any copy of any other record or paper on file in the office of the recorder, when the copy is made by the recorder, shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing the product or service or the cost of enforcing any regulation for which the fee or charge is levied. (Amended by Stats. 1993, Ch. 710, Sec. 3. Effective January 1, 1994.) - 27369. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The recorder charges a fee to search office records: the same fee as a state or local vital statistics registrar for birth, death, or marriage certificates, and otherwise $0.50 per year.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27369. The fee for searching the records of his office for a birth, death, or marriage certificate is the same as is payable to a state or local registrar of vital statistics; in all other cases, for each year, fifty cents ($0.50). (Added by Stats. 1947, Ch. 424.) - 27371. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
A recorder’s fee for copying a map or plat into a book of record is $0.10 for each course, plus $0.10 per folio for letters and figures.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27371. The fee for recording each map or plat where it is copied in a book of record is ten cents ($0.10) for each course, plus ten cents ($0.10) a folio for letters and figures on the map or plat. When recording is by a photographic method the fee for recording each map or plat shall be the same as provided for under Sections 27361 and 27361.5 of this code. (Amended by Stats. 1957, Ch. 1865.) - 27372. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The fee for recording, filing, and indexing a subdivided-land map is $5 for the first page and $2 for each additional page.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27372. The fee for recording or filing and indexing each map wherein land is subdivided in lots, tracts, or parcels is five dollars ($5) for the first page and two dollars ($2) for each additional page. (Amended by Stats. 1957, Ch. 1865.) - 27375. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The fee for taking an acknowledgment of any instrument is $0.75.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27375. The fee for taking an acknowledgment of any instrument is seventy-five cents ($0.75). (Amended by Stats. 1957, Ch. 869.) - 27379. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The fee for administering and certifying each oath or affirmation is $0.50.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27379. The fee for administering and certifying each oath or affirmation is fifty cents ($0.50). (Added by Stats. 1947, Ch. 424.) - 27380. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The fee for filing, indexing, and keeping each paper not required by law to be recorded is $3.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27380. The fee for filing, indexing, and keeping each paper not required by law to be recorded is three dollars ($3). (Amended by Stats. 1971, Ch. 59.) - 27381. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
No charge or fee may be made for recording, indexing, or issuing certified copies of specified military separation documents.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27381. No charge or fee shall be made for recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, report of separation, or notice of separation of any soldier, sailor, marine, airman, or guardian, separated, released, or discharged from the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States, Women’s Army Corps, Women’s Army Auxiliary Corps, Women’s Reserve of Navy, Marine Corps, or Coast Guard, or from the Army and Navy Nurse Corps. (Amended by Stats. 2022, Ch. 379, Sec. 10. (AB 1715) Effective January 1, 2023.) - 27383. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The recorder may not charge fees for services provided to the State, a municipality, a county, or other political subdivision, except for making a copy of a paper or record.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27383. No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record. (Added by Stats. 1955, Ch. 488.) - 27387. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
The county recorder must charge a fee to non-governmental lienors for recording certain judgment abstracts or involuntary liens, and the fee cannot be more than the recorder’s actual notice cost.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27387. In addition to any other fee, the county recorder shall collect a fee from any lienor, other than a governmental entity, for the recordation of an abstract of judgment or other document creating an involuntary lien within the meaning of Section 27297.5 affecting title to real property. The fee shall not exceed the actual cost to the recorder of providing the notice required by Section 27297.5. (Amended by Stats. 1984, Ch. 144, Sec. 146.) - 27388. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
A county may charge up to $10 for recording certain real estate documents if the board of supervisors adopts a resolution, subject to listed exemptions.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27388. (a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, “real estate instrument” means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustee’s deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. (2) The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: (A) The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (B) The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. (C) The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: (i) A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). (ii) A statement of the recording date and the recorder identification number or book and page of the previously recorded document. (D) The real estate instrument, paper, or notice is presented for recording by and is for the benefit of the state or any county, municipality, or other political subdivision of the state. (b) Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. (c) The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: (1) Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agency’s proposed use of the funds. (2) In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: (A) Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. (B) Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. (3) The committee’s determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. (4) Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type; (C) the number of filed complaints, investigations, arrests, and convictions that resulted from the expenditure of the funds; and (D) other relevant information the committee may reasonably require. (d) The county board of supervisors shall annually review the effectiveness of the district attorney in deterring, investigating, and prosecuting real estate fraud crimes based upon information provided by the district attorney in an annual report. The district attorney shall submit the annual report to the board on or before September 1 of each year. (e) A county shall not expend funds held in that county’s Real Estate Fraud Prosecution Trust Fund until the county’s auditor-controller verifies that the county’s district attorney has submitted an annual report for the county’s most recent full fiscal year pursuant to the requirements of subdivision (d). (f) The intent of the Legislature in enacting this section is to have an impact on real estate fraud involving the largest number of victims. To the extent possible, an emphasis should be placed on fraud against individuals whose residences are in danger of, or are in, foreclosure as defined in subdivision (b) of Section 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. (g) A district attorney’s office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. (h) No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents. (Amended by Stats. 2021, Ch. 77, Sec. 19. (AB 137) Effective July 16, 2021.) - 27388.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
A $75 recording fee applies to covered real estate documents, subject to listed exemptions and a $225 cap.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27388.1. (a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions. (2) The fee described in paragraph (1) shall not be imposed on any of the following documents: (A) Any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code. (B) Any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. (C) Any real estate instrument, paper, or notice executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act (Title 7 (commencing with Section 2100) of Part 4 of the Code of Civil Procedure). (D) Any real estate instrument, paper, or notice executed or recorded by the state or any county, municipality, or other political subdivision of the state. (E) Any real estate instrument, paper, or notice executed or recorded to remove a restrictive covenant that is in violation of Section 12955. (b) The county recorder shall remit quarterly, on or before the last day of the month next succeeding each calendar quarterly period, the fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, to the Controller for deposit in the Building Homes and Jobs Trust Fund established by Section 50470 of the Health and Safety Code, to be expended for the purposes set forth in that section. In addition, the county shall pay to the Controller interest, at the legal rate, on any funds not paid to the Controller before the last day of the month next succeeding each quarterly period. (c) If the Department of Housing and Community Development determines that any moneys derived from fees collected are being allocated by the state for a purpose not authorized by Section 50470 of the Health and Safety Code, the county recorder shall, upon notice of the determination, immediately cease collection of the fees, and shall resume collection of those fees only upon notice that the moneys derived from the fees collected are being allocated by the state only for a purpose authorized by Section 50470 of the Health and Safety Code. (d) (1) Subparagraph (C) of paragraph (2) of subdivision (a), as added by the act adding this subdivision, shall apply to any real estate instrument, paper, or notice executed or recorded by the federal government on or after January 1, 2018, and the fee imposed by this section shall not be imposed or billed for any real estate instrument, paper, or notice executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act (Title 7 (commencing with Section 2100) of Part 4 of the Code of Civil Procedure) on or after that date. (2) The Legislature finds and declares that subparagraph (D) of paragraph (2) of subdivision (a), as added by the act adding this subdivision, reflects the original intent of the Legislature in enacting this section and is therefore not a change in, but is declaratory of, existing law. Subparagraph (D) of paragraph (2) of subdivision (a), as added by the act adding this subdivision, shall apply to any real estate instrument, paper, or notice executed or recorded by the state or any county, municipality, or other political subdivision of the state on or after January 1, 2018, and the fee imposed by this section shall not be imposed or billed for any real estate instrument, paper, or notice executed or recorded by the state or any county, municipality, or other political subdivision of the state on or after that date. (Amended by Stats. 2021, Ch. 359, Sec. 5. (AB 1466) Effective January 1, 2022.) - 27388.2. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. )
A county recorder may charge a $2 fee for recording the first page of certain real estate documents, subject to listed exemptions and board authorization.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Fees [27360 - 27388.2] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 27388.2. (a) In addition to all other fees authorized by this section, a county recorder may charge a fee of two dollars ($2) for recording the first page of every real estate instrument, paper, or notice required or permitted by law to be recorded per each single transaction per parcel of real property, except those expressly exempted from payment of recording fees, as authorized by each county’s board of supervisors and in accordance with applicable constitutional requirements. The funds generated by this fee shall be used only by the county recorder collecting the fee for the purpose of implementing a restrictive covenant program pursuant to Section 12956.3. “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions. (b) The fee described in subdivision (a) shall not be imposed on any of the following documents: (1) Any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax, as defined in Section 11911 of the Revenue and Taxation Code. (2) Any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. (3) Any real estate instrument, paper, or notice executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act (Title 7 (commencing with Section 2100) of Part 4 of the Code of Civil Procedure). (4) Any real estate instrument, paper, or notice executed or recorded by the state or any county, municipality, or other political subdivision of the state. (c) A county recorder shall not charge the fee described in this section after December 31, 2027, unless the county recorder has received reauthorization by the county’s board of supervisors. A county recorder shall not seek reauthorization of the fee by the board before June 1, 2027, or after December 31, 2027. Any reauthorization period shall not exceed five years. (Amended by Stats. 2022, Ch. 420, Sec. 28. (AB 2960) Effective January 1, 2023.) - 27390. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
This section names the Electronic Recording Delivery Act of 2004 and defines key terms used in the article.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27390. (a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004. (b) For the purposes of this article, the following definitions shall apply: (1) “Authorized submitter” means a party that has entered into a contract with a county recorder pursuant to Section 27391 and is not disqualified pursuant to Section 27395. (2) “Computer security auditor” means computer security personnel hired to perform an independent audit of the electronic recording delivery system. The computer security auditor shall be independent of the county recorder and the authorized submitter and shall not be the same contractor hired to establish or participate in a county’s electronic recording delivery system or in the authorized submitter’s portion of that system. (3) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form. (4) “Digitized electronic record” means a scanned image of the original paper document. (5) “Electronic recording delivery system” means a system to deliver for recording, and to return to the party requesting recording, digitized or digital electronic records. (6) “Security testing” means an independent security audit by a computer security auditor, including, but not limited to, attempts to penetrate an electronic recording delivery system for the purpose of testing the security of that system. (7) “Source code” means a program or set of programs, readable and maintainable by humans, translated or interpreted into a form that the electronic recording delivery system can execute. (8) “System certification” means the issuance of a confirmation letter regarding a county’s electronic recording delivery system by the Attorney General. (Amended by Stats. 2016, Ch. 380, Sec. 2. (AB 2143) Effective January 1, 2017.) - 27392. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
An electronic recording delivery system cannot go live unless the Attorney General certifies it, and the Attorney General must approve related software and services under the applicable regulations.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27392. (a) No electronic recording delivery system may become operational without system certification by the Attorney General. The certification shall affirm that the proposed county system conforms to this article and any regulations adopted pursuant to this article, that security testing has confirmed that the system is secure and that the proposed operating procedures are sufficient to assure the continuing security and lawful operation of that system. The certification may include any agreements between the county recorder and the Attorney General as to the operation of the system, including, but not limited to, the nature and frequency of computer security audits. Certification may be withdrawn for good cause. (b) The Attorney General shall approve software and other services for electronic recording delivery systems pursuant to regulations adopted as described in paragraph (7) of subdivision (b) of Section 27393. (Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.) - 27394. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
A county recorder must use an Attorney General–approved computer security auditor to qualify to establish an electronic recording delivery system, and the system must be audited and secured.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27394. (a) To be eligible to establish an electronic recording delivery system, a county recorder shall contract with, and obtain a report from, a computer security auditor selected from a list of computer security auditors approved by the Attorney General. (b) The Attorney General shall approve computer security auditors on the basis of significant experience in the evaluation and analysis of internet security design, the conduct of security testing procedures, and specific experience performing internet penetration studies. The Attorney General shall complete the approval of security auditors within 90 days of a request from a county recorder. The list shall be a public record. (c) An electronic recording delivery system shall be audited, at least once during the first year of operation and periodically thereafter, as set forth in regulation and in the system certification, by a computer security auditor. The computer security auditor shall conduct security testing of the electronic recording delivery system. The reports of the computer security auditor shall include, but not be limited to, all of the following considerations: (1) Safety and security of the system, including the vulnerability of the electronic recording delivery system to fraud or penetration. (2) Results of testing of the system’s protections against fraud or intrusion, including security testing and penetration studies. (3) Recommendations for any additional precautions needed to ensure that the system is secure. (d) Upon completion, the reports and any response to any recommendations shall be transmitted to the board of supervisors, the county recorder, the county district attorney, and the Attorney General. These reports shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (e) A computer security auditor shall have access to any aspect of an electronic recording delivery system, in any form requested. Computer security auditor access shall include, but not be limited to, permission for a thorough examination of source code and the associated approved escrow facility, and necessary authorization and assistance for a penetration study of that system. (f) If the county recorder, a computer security auditor, a district attorney for a county participating in the electronic recording delivery system, or the Attorney General reasonably believes that an electronic recording delivery system is vulnerable to fraud or intrusion, the county recorder, the board of supervisors, the district attorney, and the Attorney General shall be immediately notified. The county recorder shall immediately take the necessary steps to guard against any compromise of the electronic recording delivery system, including, if necessary, the suspension of an authorized submitter or of the electronic recording delivery system. (Amended by Stats. 2021, Ch. 615, Sec. 190. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 27395. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
People with certain felony, theft/fraud, or moral-turpitude-related criminal histories cannot serve as computer security auditors or get secure access to an electronic recording delivery system. Authorized persons must submit fingerprints, and the Attorney General and Department of Justice must process background-check information.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27395. (a) No person shall be a computer security auditor or be granted secure access to an electronic recording delivery system if he or she has been convicted of a felony, has been convicted of a misdemeanor related to theft, fraud, or a crime of moral turpitude, or if he or she has pending criminal charges for any of these crimes. A plea of guilty or no contest, a verdict resulting in conviction, or the forfeiture of bail, shall be a conviction within the meaning of this section, irrespective of a subsequent order under Section 1203.4 of the Penal Code. (b) All persons entrusted with secure access to an electronic recording delivery system shall submit fingerprints to the Attorney General for a criminal records check according to regulations adopted pursuant to Section 27393. (c) (1) The Attorney General shall submit to the Department of Justice the fingerprint images and related information of persons with secure access to the electronic recording delivery system and computer security auditors for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. (2) The Department of Justice shall respond to the Attorney General for criminal offender record information requests submitted pursuant to this section, with information as delineated in subdivision (l) of Section 11105 of the Penal Code. (3) The Department of Justice shall forward requests from the Attorney General to the Federal Bureau of Investigation for federal summary criminal history information pursuant to this section. (4) The Attorney General shall review and compile the information from the Department of Justice and the Federal Bureau of Investigation to determine whether a person is eligible to access an electronic recording delivery system pursuant to this article. (5) The Attorney General shall request subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for all persons with secure access to the electronic recording delivery system and all computer security auditors. (d) The Attorney General shall deliver written notification of an individual’s ineligibility for access to an electronic recording delivery system to the individual, his or her known employer, the computer security auditor, and the county recorder. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing a state or federal criminal offender record information request and any other costs incurred pursuant to this section. (f) The Attorney General shall define “secure access” by regulation and by agreement with the county recorder in the system certification. (Amended by Stats. 2005, Ch. 520, Sec. 1. Effective January 1, 2006.) - 27396. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
The Attorney General must monitor the security of electronic recording delivery systems statewide and may suspend such systems in an emergency for up to seven court days.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27396. (a) The Attorney General shall monitor the security of electronic recording delivery systems statewide, in close cooperation with county recorders and public prosecutors. In the event of an emergency involving multiple fraudulent transactions linked to one county’s use of an electronic recording delivery system, the Attorney General may order the suspension of electronic recording delivery systems in any county or in multiple counties, if necessary to protect the security of the system, for a period of up to seven court days. The Attorney General may seek an order from the superior court if it is necessary to extend this order. (b) (1) The Attorney General, a district attorney, or a city prosecutor may bring an action in the name of the people of the state seeking declaratory or injunctive relief, restitution for damages or economic loss, rescission, or other equitable relief pertaining to any alleged violation of this article or regulations adopted pursuant to this article. Injunctive relief may include, but is not limited to, an order suspending a party from participation in the electronic recording delivery system, on a temporary or permanent basis. (2) Nothing in this subdivision shall be construed to prevent the Attorney General, a district attorney, or a city prosecutor from seeking legal or equitable relief under any other provision of law. (Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.) - 27397. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
A county with an electronic recording delivery system must cover the Attorney General’s direct regulation and oversight costs, and the Attorney General may charge vendors a fee for software and services approval.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27397. (a) A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General. (b) The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors. (c) In order to pay costs under this section, a county may do any of the following: (1) Impose a fee in an amount up to and including one dollar ($1) for each instrument, paper, or notice that is recorded by the county. This fee may, at the county’s discretion, be limited to instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system. (2) Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system. (3) Impose a fee upon any person seeking to contract as an authorized submitter. (d) The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system. (e) Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund. (Amended by Stats. 2018, Ch. 467, Sec. 14. (SB 1498) Effective January 1, 2019.) - 27397.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
A county recorder may set up secure electronic recording intake for certain deed-related records and may contract with specified entities to be authorized submitters.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27397.5. (a) A county recorder may include in the county’s electronic recording delivery system a secure method for accepting for recording a digital or digitized electronic record that is an instrument of reconveyance, substitution of trustee, or assignment of deed of trust. (b) A county recorder may contract with a title insurer, as defined in Section 12340.4 of the Insurance Code, underwritten title company, as defined in Section 12340.5 of the Insurance Code, an entity of state, local, or federal government, or an institutional lender, as defined in Section 50003 of the Financial Code, or their authorized agents, to be an authorized submitter of the documents specified in subdivision (a). (c) With respect to the electronic submission of the records described in subdivision (a), the requirements that an authorized submitter be subject to a security audit under Section 27394 and a criminal records check under Section 27395 shall not apply where the certification requirements of subdivision (d) have been met. (d) (1) In order for subdivision (c) to apply, the county recorder and the Attorney General shall certify that the method of submission allowed under the system will not permit an authorized submitter or its employees and agents, or any third party, to modify, manipulate, insert, or delete information in the public record, maintained by the county recorder, or information in electronic records submitted pursuant to subdivision (b) of Section 27391. (2) Certification under this section may be withdrawn by either the county recorder or the Attorney General at any time either determines that the requirements of this subdivision are not met. (e) For purposes of this section, an agent of an authorized submitter shall not include a vendor of electronic recording delivery systems. (Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.) - 27398. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
The Attorney General must evaluate authorized electronic recording delivery systems and report the results to the Legislature by June 30, 2009.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27398. (a) The Attorney General shall conduct an evaluation of electronic recording delivery systems authorized by this article, and report to both houses of the Legislature on or before June 30, 2009. (b) It is the intent of the Legislature that the evaluation include an analysis of costs, cost savings, security and real estate fraud prevention, and recommendations as to improvements and possible expansion of the provisions of this article. (c) The evaluation shall also include a study of the feasibility of expanding the provisions of this article to cover the delivery, recording, and return of other electronic records. (Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.) - 27399. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. )
This section limits how the article may be read: it does not authorize state agencies to run county recorder processes outside what the article specifically allows.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Electronic Recording Delivery Act of 2004 [27390 - 27399] ( Article 6 added by Stats. 2004, Ch. 621, Sec. 2. ) ## 27399. (a) Nothing in this article shall be construed to authorize any state agency to administer any of the processes or procedures relating to the business of the county recorders of the state in any manner not otherwise specifically set forth in this article. (b) The authority granted in this article is in addition to any other authority or obligation under state or federal law. (c) Nothing in this article shall be construed to repeal or affect Section 27279, 27279.1, 27279.2, 27297.6, 27387.1, or 27399.7, or the authority of the Counties of Orange and San Bernardino to act under those provisions. (Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.) - 274. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. People of the State [240 - 275.2] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Political Rights and Duties [270 - 275.2] ( Article 2 enacted by Stats. 1943, Ch. 134. )
An elector generally has no rights or duties beyond those of a non-elector citizen, except for the right and duty of holding office and voting.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. People of the State [240 - 275.2] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Political Rights and Duties [270 - 275.2] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 274. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding office and voting. (Enacted by Stats. 1943, Ch. 134.) - 27400. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Tax Collector [27400 - 27401] ( Chapter 7 added by Stats. 1947, Ch. 424. )
The tax collector is also the license collector and must collect all county licenses and carry out duties set by law and by the board of supervisors’ ordinances.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Tax Collector [27400 - 27401] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 27400. The tax-collector is ex officio license-collector, and as license-collector shall collect all county licenses and perform the duties prescribed by law and by the ordinances of the board of supervisors. (Added by Stats. 1947, Ch. 424.) - 27401. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Tax Collector [27400 - 27401] ( Chapter 7 added by Stats. 1947, Ch. 424. )
The tax collector must pay public money into the county treasury at least once a month and take the treasurer’s receipt.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Tax Collector [27400 - 27401] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 27401. At least once a month the tax collector shall pay the public money in his hands into the county treasury, taking the receipt of the treasurer therefor. (Added by Stats. 1947, Ch. 424.) - 27421. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. )
A county assessor must, on request, provide a yearly estimate of assessed property value for a local taxing jurisdiction by May 15, unless the jurisdiction is a school district.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. ) ## 27421. The county assessor in each county who is designated to perform the duty of assessing property for a local taxing jurisdiction shall, upon request of the governing body of such jurisdiction, excluding a school district, furnish not later than May 15th of each year an estimate of the assessed valuation of property within such jurisdiction for the succeeding fiscal year. Such request shall be made on or before February 20th of each year. The estimate required herein shall contain estimates of the total of each of the items contained on the assessment roll as well as the estimated total valuation. (Amended by Stats. 1973, Ch. 868.) - 27422. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. )
An assessor may not hold the office of tax collector or auditor at the same time.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. ) ## 27422. The assessor shall not hold the office of tax collector or auditor, whether it is an appointive or elective office, at the same time he holds the office of assessor. This section shall become operative on January 6, 1969. (Added by Stats. 1966, 1st Ex. Sess., Ch. 147.) - 27423. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. )
This section tells county assessors, auditors, the Controller, and the State Board of Equalization to calculate and certify timber-related property tax values and revenue amounts on set deadlines.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Assessor [27421 - 27423] ( Chapter 8 added by Stats. 1947, Ch. 424. ) ## 27423. (a) On or before May 1, 1977, the assessor of each county for the local roll and the State Board of Equalization for the board roll shall determine the annual assessed value attributable to timber, as defined in subdivision (a) of Section 431 of the Revenue and Taxation Code, of each tax rate area for the 1972–73 to 1974–75 fiscal years, inclusive. Such values shall be from the corrected, equalized assessment roll for each such year, including escape assessments subsequently added to the roll. Escape assessments determined subsequent to June 30, 1975, for any of the three fiscal years specified shall be reported to the county auditor who shall certify to the Controller a revision in the amounts of average annual property tax revenue attributable to timber for each affected taxing jurisdiction on or before July 15, 1977, and July 15 of each year thereafter. (b) Using the assessed values determined pursuant to subdivision (a), on or before June 1, 1977, the auditor of each county shall determine the average annual property tax revenues attributable to timber of each taxing agency for the 1972–73 to 1974–75 fiscal years, inclusive; provided, that if a taxing agency was in existence for less than the entire period, the average for such agency shall be determined by dividing the appropriate amount of property tax revenues by either one year or two years, whichever figure corresponds most nearly to the duration of existence of the agency within such period. If the average value of the secured roll of a community college district which is attributable to timber over the period of fiscal years 1972–73 to 1974–75, inclusive, meets or exceeds 20 percent, then the auditor shall use a rate which when multiplied by that district’s average annual assessed value attributable to timber will produce an amount equivalent to the total amount of property taxes raised by that district in the 1976–77 fiscal year. For purposes of this section, “average annual property tax revenue attributable to timber” of each school district which levied an areawide tax rate in one or more of fiscal years 1972–73 to 1974–75, inclusive, shall be the product of (1) the amount of money the district received as its reallocation from the areawide fund (not the amount of its own contribution raised from its actual areawide tax rate) for each such fiscal year, and (2) a factor produced by the amount of annual assessed value attributable to timber divided by the amount of all assessed value, within the school district, for each such fiscal year. Each county auditor shall certify to the Controller a list of this amount for each taxing agency in the county and the total of all such amounts for the county. The auditor shall keep such records for each tax rate area as necessary to make distribution of funds pursuant to Section 38906 of the Revenue and Taxation Code. (c) The Controller may require that all information pertinent to subdivisions (a) and (b) be retained and may inspect all calculations of the county assessor and county auditor. The Controller or the board may adjust and correct any calculation deemed to be inaccurate. The sum of each county’s calculations as adopted by the Controller shall be known as that county’s “annual yield tax revenue guarantee”, and shall be certified to the county auditor on or before August 15, 1977. (d) On or before July 15, 1977, and July 15 of each year thereafter, the auditor shall certify to the Controller the new or revised amount of property tax revenue attributable to timber for each taxing agency which, effective after July 1 of the preceding calendar year and on or before July 1 of the current calendar year, either (1) underwent “governmental reorganization,” as described in Section 2295 of the Revenue and Taxation Code, or (2) underwent “functional consolidation,” as described in Section 2305 of the Revenue and Taxation Code, or (3) gained approval from its voters to levy an additional property tax rate, effective with the next succeeding fiscal year. For purposes of this subdivision, the average annual property tax revenue attributable to timber for a taxing agency formed subsequent to June 30, 1975, shall be calculated as follows: (1) The average annual assessed value attributable to timber shall be the sum of the values of the tax rate areas, as determined by the assessor or the board pursuant to subdivision (a), which correspond to the new agency’s boundaries, as if that agency had actually existed during fiscal years 1972–73 to 1974–75, inclusive, and this sum shall be multiplied by (2) A tax rate represented by 80 percent of the maximum tax rate the new taxing agency was authorized by the voters to levy in its first full year of operation. For purposes of this subdivision, the average annual property tax revenue attributable to timber for a taxing agency formed prior to June 30, 1975, which annexes territory subsequent to that date, shall have added to it the sum of the values of the tax rate areas, as determined by the assessor or the board pursuant to subdivision (a) which corresponds to the territory which was annexed, multiplied by the average total tax rate levied during fiscal years 1972–73 to 1974–75, inclusive, by the taxing agency which annexed the territory. For purposes of this subdivision, the average annual property tax revenue attributable to timber for a taxing agency which subsequent to June 30, 1975, has transferred to it by functional consolidation the responsibility of levying a property tax rate to pay the cost of a new service or program shall have added to it the sum of the average annual assessed value attributable to timber for that agency multiplied by the additional property tax rate to be incurred in the first year pursuant to the functional consolidation. For a taxing agency which subsequent to June 30, 1975, has transferred from it the responsibility of levying a property tax rate for a service or program, the average annual property tax revenue attributable to timber shall be reduced by the sum of the annual assessed value attributable to timber for that agency multiplied by the average tax rate levied by the taxing agency during fiscal years 1972–73 to 1974–75, inclusive, for the support of such service or program. For purposes of this subdivision, when an additional property tax rate is approved by the voters of a taxing agency in the preceding fiscal year, such agency shall have its average annual property tax revenue attributable to timber revised in the same manner as for a functional consolidation in which responsibility for the funding of a new service or program is added; provided, that such revision will extend only for the same period of time as that authorized by the voters for the existence of the additional voted property tax rate. (e) On or before August 15, 1977, and August 15 of each year thereafter, the Controller shall certify to each county auditor the revisions certified by the auditor pursuant to subdivision (a) or (d) in the average annual property tax revenue attributable to timber for one or more taxing agencies, to take effect in the current fiscal year. The Controller shall adjust and correct any calculation deemed to be inaccurate, prior to such certification. The amount added to or deducted from a county’s previous annual yield tax revenue guarantee will be the property tax revenue attributable to timber, as certified to the Controller by the county auditor pursuant to subdivision (d). The revised annual yield tax revenue guarantee shall take effect for payments made to the county pursuant to subdivision (a) of Section 38905 of the Revenue and Taxation Code in the current fiscal year, and shall remain in effect until subsequent revision under this subdivision. (f) Upon receipt of the amount certified by the Controller pursuant to subdivision (c) or (e), the county auditor shall within 10 days certify to each taxing agency its share of this amount, and shall deliver to the county treasurer a schedule of these amounts for all taxing agencies in the county, to govern distribution of moneys pursuant to subdivision (a) of Section 38905 of the Revenue and Taxation Code. (g) For the purposes of this section, in the case of a change in the boundaries of a tax rate area, the assessor or the board shall determine the base year timber value by parcel in each tax rate area affected by the boundary change and the auditor shall apportion the property tax revenue attributable to timber according to this determination. (h) For the purposes of this section “tax rate area” means a geographical area in which there is a unique combination of tax levies. (i) For purposes of this section, a taxing agency is deemed to be in existence in any year in which the agency levies a property tax rate. Any taxing agency which was operational prior to June 30, 1975, but levied no property tax rate, may subsequent to that date establish an average annual property tax revenue attributable to timber pursuant to subdivision (d), as a governmental reorganization, in the year next succeeding the year in which it first levies a property tax rate. (j) For purposes of this section, when computing the property tax revenues attributable to timber for a school district which levied an areawide tax rate during one or more of fiscal years 1972–73 to 1974–75, inclusive, the county auditor shall in his computations of the revenues produced by such a rate use the revenues actually apportioned to the district from the county’s areawide fund, and not the revenues raised from the levy of the areawide rate and contributed to the county’s areawide fund by said district. (Amended by Stats. 1982, Ch. 1058, Sec. 1.) - 27430. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
County boards of supervisors may create a public guardian office, add needed subordinate positions, set compensation, and later terminate the office by ordinance.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27430. (a) In any county the board of supervisors may by ordinance create the office of public guardian and subordinate positions which may be necessary and fix compensation therefor. (b) The board of supervisors may by ordinance terminate the office of public guardian. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27431. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
The board of supervisors may appoint a public guardian and may give preference to a provider already offering public guardian services in the county; however, a person or agency cannot be designated if its agency functions create a real conflict with conservatorship investigation or administration.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27431. (a) The board of supervisors may appoint a public guardian to fill the office and provide for appointment to the subordinate positions. (b) In appointing the public guardian, the board of supervisors may give preference to the person or agency providing public guardian services in each county. No person or agency shall be designated as public guardian whose agency functions present real conflict with the functions of conservatorship investigation or administration. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27432. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
The board of supervisors may, by ordinance, make the public administrator the ex officio public guardian and may later change or end that designation.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27432. (a) The board of supervisors may by ordinance designate that the public administrator is ex officio public guardian. (b) If the board of supervisors has not designated the public administrator as ex officio public guardian, but has appointed another public guardian, it may terminate the appointment and may by ordinance designate that the public administrator is ex officio public guardian and all authority vests in the successor. (c) If the public administrator has been designated ex officio public guardian, the board of supervisors may by ordinance terminate the designation and appoint another public guardian and all authority vests in the successor. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27433. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
A public guardian’s authority ends when their tenure ends, and that authority passes to the successor.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27433. The authority of the public guardian or ex officio public guardian ceases upon the termination of his or her tenure in office as public guardian or ex officio public guardian and his or her authority vests in his or her successor. If letters have been issued to “the public guardian” of the county, the letters are sufficient to authorize action by the successor and new letters need not be issued. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27434. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
The public guardian must give an official bond, and the board of supervisors sets the amount. The public guardian does not have to give a bond for an individual estate.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27434. The public guardian shall give an official bond in an amount fixed, from time to time, by the board of supervisors. The bond shall be for the joint benefit of the guardianship or conservatorship estates and the county. The public guardian may not be required to give a bond in an individual estate. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27435. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
The county may advance necessary public guardian expenses, and the county board of supervisors may create a revolving fund for that purpose.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27435. (a) Necessary expenses of the public guardian in the conduct of any guardianship or any conservatorship estate may be advanced by the county. If so ordered by the board of supervisors, those expenses are a county charge, but the county shall be reimbursed therefor out of funds or property of the estate by the public guardian as soon as, and to the extent that, funds or property become available. (b) As a means of advancing necessary expenses of a public guardian, the county board of supervisors may establish a revolving fund to be used by the public guardian. The revolving fund shall be established pursuant to Article 7 (commencing with Section 29460) of Chapter 2 of Division 3 of Title 3. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27436. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. )
The board of supervisors may designate an authorized public representative payee and may designate the public guardian to collect fees approved for those services.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8.5. Public Guardian [27430 - 27436] ( Chapter 8.5 added by Stats. 1988, Ch. 1199, Sec. 17. ) ## 27436. The board of supervisors may designate who shall be authorized as public representative payee, and designate the public guardian to collect any fees authorized by the board of supervisors for public representative payee services. (Added by Stats. 1988, Ch. 1199, Sec. 17. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27440. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
If the public administrator cannot qualify or personally perform the office, the coroner takes over. If both cannot qualify or perform, the board of supervisors must appoint a suitable public administrator.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27440. If the public administrator fails to qualify or fails to perform in person the duties of his office, the coroner shall be ex officio public administrator. If both the public administrator and the coroner fail to qualify or to perform the duties of the office, the board of supervisors shall appoint a suitable person as public administrator. All laws applicable to the qualification, powers, duties, and compensation of the public administrator shall apply to the coroner or appointee of the board. (Added by Stats. 1947, Ch. 424.) - 27441. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
The public administrator must charge and collect fees only to the extent allowed by law.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27441. The public administrator shall charge and collect such fees as are allowed by law. (Added by Stats. 1947, Ch. 424.) - 27442. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
If the public administrator is salaried and turns over allowed fees and charges to the county, then fees and charges incurred for an estate with insufficient assets become county charges.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27442. If the public administrator is salaried and all fees and charges allowed him are paid or turned over to the county, then all fees and charges incurred by him for the benefit of any estate in which the assets prove insufficient therefor are county charges. (Amended by Stats. 1969, Ch. 319.) - 27443. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
Public administrators, public guardians, conservators, and their deputies or agents must not buy estate property or handle certain estate transactions when they have a financial interest, unless a court order specifically authorizes the act.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27443. Every person holding the office of public administrator, public guardian, or public conservator and any deputy or agent of such officer is guilty of a crime who: (a) Purchases, directly or indirectly, the property of any estate or a claim against any estate administered by any public administrator, public guardian, or public conservator in his official capacity, or (b) Acts upon any transaction or expenditure in connection with the administration of an estate by the public administrator, public guardian, or public conservator in his official capacity, when he has a financial interest in such transaction or expenditure, or, having knowledge of such interest, is associated in business with anyone who has such an interest. Subdivisions (a) and (b) shall not be applicable to any act specifically authorized by court order. Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. Upon conviction of this section a person forfeits his office. This section is not intended to preclude prosecution under any other provisions of the criminal law which are otherwise applicable. (Amended by Stats. 2011, Ch. 15, Sec. 133. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 27443.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
Employees in the offices of the public administrator, public guardian, or public conservator are subject to Section 27443.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27443.5. Employees in the office of public administrator, public guardian, or public conservator shall be subject to the provisions of Section 27443; provided that, the restrictions of Section 27443 shall apply only with respect to the administration of estates by their employing officer. (Added by Stats. 1972, Ch. 1046.) - 27444. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. )
A public administrator’s authority ends when their tenure ends, and the authority passes to the successor.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Public Administrator [27440 - 27444] ( Chapter 9 added by Stats. 1947, Ch. 424. ) ## 27444. The authority of the public administrator ceases upon termination of his or her tenure in the office of public administrator, and his or her authority vests in the successor in the office of public administrator. If letters have been issued to “the public administrator” of the county, the letters are sufficient to authorize action by the successor and new letters need not be issued. (Added by Stats. 1988, Ch. 1199, Sec. 18. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27460. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
If the coroner holds an inquest and no one else takes charge of the deceased body, the coroner must arrange for decent burial.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27460. If an inquest is held by the coroner and no other person takes charge of the body of the deceased, he shall cause it to be interred decently. (Added by Stats. 1947, Ch. 424.) - 27461. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner may ask the superior court for permission to sell a deceased person’s property, withdraw bank funds, and collect debts to help bury the body decently; if the estate is under $75, the judge must grant it.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27461. In order to inter decently the body of the deceased, the coroner may apply to a judge of the superior court of his county for an order permitting him to: (a) sell summarily any personal property belonging to the deceased, (b) withdraw any money that the deceased has on deposit with any bank, and (c) collect any indebtedness or claim that is owing or due the deceased. If upon the application it appears to the court by competent evidence that the total value of the estate of the deceased is less than seventy-five dollars ($75), the judge shall make an order granting the application, and there shall be no administration upon the estate of the deceased unless additional estate is found or discovered. No notice of the application need be given and no fee shall be charged by the clerk of the court or coroner for the filing of the application or for any duty or service connected therewith. Upon the sale of the personal property of the deceased or the collection of any money, claim, or indebtedness by the coroner, he shall use the money for expenses of the funeral of the deceased. (Added by Stats. 1947, Ch. 424.) - 27462. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner must file a statement and vouchers with the clerk of the court about the deceased’s property and its disposition.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27462. The coroner shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount received from the sale of any personal property, and the disposition of the property of the deceased. He shall also file with the clerk vouchers showing what disposition was made of the property. If there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county. (Added by Stats. 1947, Ch. 424.) - 27463. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner must keep a numbered, indexed, bound “Coroner’s Register” and enter specified information about each death.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27463. The coroner shall keep an official register, labeled “Coroner’s Register,” with pages numbered, indexed and bound, in which he shall enter: (a) The name and any aliases of the deceased, when known, including such description as may be sufficient for identification and which may, in his discretion, include fingerprint records. (b) A narrative summary of the circumstances leading to and surrounding the death, together with names and addresses of any witnesses to such events. (c) The property taken from the person or premises of the deceased by the coroner or by any other law enforcement agency or officer. (d) The disposition of any property or moneys so taken. (e) The cause of death, when known, with reference or direction to the detailed medical reports upon which decision as to cause of death has been based. (f) Information as to disposition of the remains. (g) Persons notified of the death, together with a notation of any unsuccessful attempts at notification. (Amended by Stats. 1959, Ch. 1760.) - 27463.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner may keep an official file instead of the coroner’s register, and may later photograph or microphotograph the file and destroy the original file if the listed conditions are met.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27463.5. In lieu of the “coroner’s register,” the coroner may keep an official file for each deceased person containing all of the information required by Section 27463. At any time after the completion of the coroner’s investigation, and the closing of the particular case involved, the coroner may photograph or microphotograph the contents of the file in accordance with the provisions of Section 26205, and, when the photographs or microphotographs are placed in conveniently accessible files and provision is made for preserving, examining, and using the same, the original file may be destroyed. (Amended by Stats. 1975, Ch. 857.) - 27464. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
When a death is referred to the coroner, the coroner must keep a facsimile copy of certain deceased-written documents in the records, read and transcribe a true copy at an inquest, and later return the original unless it is testamentary.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27464. Whenever the death of any person shall have been referred to the coroner for investigation, there shall be delivered to the coroner any note, letter or other document apparently written by the deceased which may tend to indicate an intention by the writer to take the writer’s life, including directions for disposition of property or disposal of remains. A facsimile copy thereof shall be placed in the coroner’s records, and, if an inquest be held, a true copy shall be read into the record and transcribed into the notes of the official stenographer. Upon completion of legal proceedings arising from such death, the original instrument shall be delivered by the coroner to the addressee or to the legal representative of the estate of the decedent; provided, however, that if the instrument purports to be testamentary in nature, it shall be filed with the clerk of the court as provided by law. (Amended by Stats. 2002, Ch. 784, Sec. 185. Effective January 1, 2003.) - 27465. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner must deliver money or other property found on a dead body to the deceased person’s legal representatives within 90 days after an inquest.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27465. Within 90 days after an inquest upon a dead body the coroner shall deliver to the legal representatives of the deceased any money or other property found upon the body. (Amended by Stats. 1985, Ch. 77, Sec. 1.) - 27466. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
If no legal representative demands the decedent’s money or property within 90 days after the inquest, the coroner must deliver the money and sale proceeds to the treasurer and provide an affidavit.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27466. If, within 90 days after the inquest, no legal representative makes a demand upon the coroner for the money or property found upon the body of the decedent, the coroner shall deliver to the treasurer any money, and the proceeds of the sale of any property found upon the body. At the same time, the coroner shall deliver an affidavit to the treasurer showing: (a) The amount of money belonging to the estate of the deceased person which has come into his possession since the coroner’s last statement. (b) The disposition made of any property. (Amended by Stats. 1985, Ch. 77, Sec. 2.) - 27467. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner must deliver money and proceeds from property found on a body to the treasurer within 120 days after an inquest, unless the money is claimed in the meantime by the public administrator or another legal representative of the decedent.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27467. If the coroner fails to deliver to the treasurer within 120 days after any inquest upon a dead body all money and proceeds from the sale of property found upon the body, unless claimed in the meantime by the public administrator or other legal representative of the decedent, the district attorney shall proceed against the coroner to recover the money or proceeds by civil action in the name of the county. (Amended by Stats. 1985, Ch. 77, Sec. 3.) - 27468. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
If no legal representative claims a decedent’s property within 90 days after an inquest, the coroner must sell it at public auction and then deliver the proceeds to the treasurer.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27468. If within 90 days after an inquest upon a dead body no legal representative of the decedent demands from the coroner the property found upon the person of the decedent, the coroner shall sell the property at public auction upon reasonable public notice, and immediately thereafter deliver the proceeds of the sale to the treasurer, who shall place them to the credit of the county. (Amended by Stats. 1985, Ch. 77, Sec. 4.) - 27469. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
When the sheriff is a party to an action or proceeding, the coroner must perform the sheriff’s duties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27469. In any action or proceeding in which the sheriff is a party, the coroner shall discharge the duties of sheriff. (Added by Stats. 1947, Ch. 424.) - 27470. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
If no other private ambulance service is available, a coroner may be reimbursed for ambulance transport to the county hospital when the patient and those responsible for support cannot pay.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27470. If no private ambulance service other than that operated by a coroner is available, in addition to his salary and other fees allowed by law the coroner may be reimbursed for ambulance services rendered in conveying any person to the county hospital, where the person and the persons responsible for his support are unable to pay for the service. (Added by Stats. 1947, Ch. 424.) - 27470.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
Certain counties may charge the actual costs of an autopsy on a nonresident decedent to that decedent’s county of origin.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27470.5. Any county with a population under 250,000 that has elected to implement a trauma care system plan pursuant to Section 1797.257 of the Health and Safety Code may charge any actual costs incurred in the performance of an autopsy upon a person who was a resident of another county to the county of origin of that person. Nothing in this section shall be construed to restrict the jurisdiction of the county coroner or medical examiner in the county performing the autopsy over any inquiry or investigation into the cause of death of that person. (Added by Stats. 1992, Ch. 412, Sec. 1. Effective January 1, 1993.) - 27471. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
The coroner must make a reasonable effort to locate the family after taking custody of a body, and may then embalm the body or authorize embalming. The section also sets fee limits and gives the board of supervisors fee-setting power.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27471. (a) Whenever the coroner takes custody of a dead body pursuant to law, he or she shall make a reasonable attempt to locate the family. After a reasonable attempt, the coroner may embalm the body or authorize the embalming by a mortician for purposes of preserving the remains for evidence, to prevent microbial and contagious disease hazards, or for investigative functions. If the embalming has been requested by the family or by a person authorized to take charge of the body prior to such embalming, and such family or person has agreed to accept the expense, the coroner may charge and collect up to one hundred thirty-five dollars ($135). Any family, however, which has not been located within 24 hours of the custody by the coroner of the body, shall not be charged more than sixty-five dollars ($65). This subdivision shall only apply to counties that own and maintain a central morgue with a paid, full-time staff that performs embalming. (b) Except as provided in subdivision (a), whenever the coroner takes custody of a dead body pursuant to law, he or she may embalm the body, and charge and collect up to one hundred thirty-five dollars ($135) from the person entitled to its custody, except when the body is that of a child not more than 14 years of age or a person for whose burial there is available less than one hundred fifty dollars ($150), in which cases the expense of embalming is a county charge. In any county where the coroner is paid a salary, the fee shall be paid into the county treasury, except that the board of supervisors may order that the fee be paid to the coroner if the coroner is a funeral director in the county. (c) The board of supervisors shall by ordinance establish the fee to be charged pursuant to this section. (d) The board of supervisors may increase the amount of the fees specified in subdivisions (a) and (b) pursuant to Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5. (Amended by Stats. 1984, Ch. 182, Sec. 1.) - 27472. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
A coroner authorized by ordinance may charge and collect certain body-removal and storage expenses, but the charge is capped at $100 and is barred in specified indigent, child, and some criminal-death cases.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27472. If authorized by the county board of supervisors by ordinance, the coroner, whenever he or she takes custody of a dead body pursuant to law, may charge and collect from the person entitled to control the disposition of the remains, as specified in Section 7100 of the Health and Safety Code, the actual expense incurred by the coroner in removing the body from the place of death and keeping the body until its release to the person responsible for its interment. The charge shall not exceed one hundred dollars ($100), shall not be imposed upon a person who claims and proves to be indigent, or in cases in which the body is that of a child not more than 14 years of age or in cases in which the coroner ascribes the death to the criminal act of another unless the coroner has reasonable grounds to believe that the deceased was involved in any criminal activity which contributed to his or her own death. The charge shall not include expenses of keeping the body during the time necessary for the coroner to perform his or her duties in connection with it. The charge, if not paid, may be considered a part of the funeral expenses and paid as a preferred charge against the estate of the decedent. (Amended by Stats. 1985, Ch. 61, Sec. 1.) - 27473. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. )
In coroner cases, interpreters’ and translators’ fees or other compensation must be paid from the county treasury, using warrants drawn by the county auditor and ordered by the coroner.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27460 - 27473] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27473. In coroners’ cases, interpreters’ and translators’ fees or other compensation shall be paid from the county treasury upon warrants drawn by the county auditor, when so ordered by the coroner. (Added by Stats. 2010, Ch. 212, Sec. 6. (AB 2767) Effective January 1, 2011.) - 27490. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must hold inquests under this article.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27490. The coroner shall hold inquests pursuant to this article. (Added by Stats. 1947, Ch. 424.) - 27491. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must investigate listed kinds of deaths, and certain people must immediately notify the coroner when those deaths occur.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491. (a) It shall be the duty of the coroner to inquire into and determine the circumstances, manner, and cause of all violent, sudden, or unusual deaths; unattended deaths; deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by subdivision (g) of Section 1746 of the Health and Safety Code in the 20 days before death; deaths known or suspected as due to homicide, suicide, including suicide where the deceased has a history of being victimized by domestic violence, or accidental poisoning; deaths known or suspected as resulting in whole or in part from or related to accident or injury either old or recent; deaths due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction, strangulation, aspiration, or where the suspected cause of death is sudden infant death syndrome; death in whole or in part occasioned by criminal means; deaths associated with a known or alleged rape; deaths in prison or while under sentence; deaths known or suspected as due to contagious disease and constituting a public hazard; deaths from occupational diseases or occupational hazards; deaths of patients in state hospitals serving the mentally disordered and operated by the State Department of State Hospitals; deaths of patients in state hospitals serving the developmentally disabled and operated by the State Department of Developmental Services; deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another; and any deaths reported by physicians or other persons having knowledge of death for inquiry by coroner. Inquiry pursuant to this section does not include those investigative functions usually performed by other law enforcement agencies. (b) If the coroner conducts an inquiry pursuant to this section, the coroner or a deputy shall personally sign the certificate of death. If the death occurred in a state hospital, the coroner shall forward a copy of the report to the state agency responsible for the state hospital. (c) The coroner shall have discretion to determine the extent of the inquiry to be made into any death occurring under natural circumstances and falling within the provisions of this section, and if inquiry determines that the physician of record has sufficient knowledge to reasonably state the cause of a death occurring under natural circumstances, the coroner may authorize that physician to sign the certificate of death. (d) For the purpose of inquiry, the coroner shall have the right to exhume the body of a deceased person when necessary to discharge the responsibilities set forth in this section. (e) A funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of any of the causes or circumstances described in this section, shall immediately notify the coroner. A person who does not notify the coroner as required by this section is guilty of a misdemeanor. (f) If the circumstances surrounding a death known or suspected as due to suicide afford a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology. (Amended by Stats. 2024, Ch. 654, Sec. 3. (SB 989) Effective January 1, 2025.) - 27491.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
A coroner must immediately notify the local law enforcement agency when a death appears to have been caused by criminal acts, and the report must include specified death-related details.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.1. In all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act of another by criminal means, the coroner, upon determining that those reasonable grounds exist, shall immediately notify the law enforcement agency having jurisdiction over the criminal investigation. Notification shall be made by the most direct communication available. The report shall state the name of the deceased person, if known, the location of the remains, and other information received by the coroner relating to the death, including any medical information of the decedent that is directly related to the death. The report shall not include any information contained in the decedent’s medical records regarding any other person unless that information is relevant and directly related to the decedent’s death. (Amended by Stats. 2000, Ch. 1068, Sec. 2. Effective January 1, 2001.) - 27491.2. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner or appointed deputy may investigate certain deaths and may direct removal of the body or release it to next of kin when appropriate. The body must not be moved or disturbed without the coroner’s permission, and violating that rule is a misdemeanor.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.2. (a) The coroner or the coroner’s appointed deputy, on being informed of a death and finding it to fall into the classification of deaths requiring his or her inquiry, may immediately proceed to where the body lies, examine the body, make identification, make inquiry into the circumstances, manner, and means of death, and, as circumstances warrant, either order its removal for further investigation or disposition or release the body to the next of kin. (b) For purposes of inquiry, the body of one who is known to be dead from any of the causes or under any of the circumstances described in Section 27491 shall not be disturbed or moved from the position or place of death without permission of the coroner or the coroner’s appointed deputy. Any violation of this subdivision is a misdemeanor. (Amended by Stats. 1985, Ch. 304, Sec. 4.) - 27491.25. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner, medical examiner, or their deputy must collect and test samples in certain vehicle-related deaths and record the findings.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.25. (a) The coroner or medical examiner, or their appointed deputy, on being notified of a death occurring while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, shall take blood and other biological samples, when appropriate, from the body of the deceased before it has been prepared for burial and make appropriate related chemical tests to determine the alcoholic contents, if any, of the body. The coroner or medical examiner, or their appointed deputy, on being notified of a death occurring while the deceased was driving a motor vehicle, shall perform drug screening and confirmatory tests for drugs, as referenced in Section 312 of the Vehicle Code, on the driver. (b) The detailed medical findings, resulting from those examinations that are conducted, shall either be reduced to writing or permanently preserved on recording discs or other similar recording media and shall include all positive and negative findings pertinent to the presence or absence of any alcoholic or other substance content. Blood alcohol content and blood drug concentrations shall be provided when available. (c) This section does not apply to the testing of a deceased person under 15 years of age unless the surrounding circumstances indicate the possibility of alcohol or drug consumption, nor shall it apply when the death has occurred more than 48 hours after the accident. (d) For purposes of this section, hospital antemortem samples, if available, shall be used in place of postmortem samples if the decedent was hospitalized prior to death. (Amended by Stats. 2022, Ch. 223, Sec. 1. (SB 925) Effective January 1, 2023.) - 27491.3. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may take and safeguard a deceased person’s property at the death scene, may secure the premises, and must not interfere with other law enforcement work. Unauthorized entry, tampering with locks or seals, or removing certain property before the coroner arrives or without permission is a misdemeanor.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.3. (a) In any death into which the coroner is to inquire, the coroner may take charge of any and all personal effects, valuables, and property of the deceased at the scene of death or related to the inquiry and hold or safeguard them until lawful disposition thereof can be made. The coroner may lock the premises and apply a seal to the door or doors prohibiting entrance to the premises, pending arrival of a legally authorized representative of the deceased. However, this shall not be done in such a manner as to interfere with the investigation being conducted by other law enforcement agencies. Any costs arising from the premises being locked or sealed while occupied by property of the deceased may be a proper and legal charge against the estate of the deceased. Unless expressly permitted by law, any person who enters any premises or tampers with or removes any lock or seal in violation of this section is guilty of a misdemeanor. (b) Any property or evidence related to the investigation or prosecution of any known or suspected criminal death may, with knowledge of the coroner, be delivered to a law enforcement agency or district attorney, receipt for which shall be acknowledged. (c) Except as otherwise provided in subdivision (d), any person who searches for or removes any papers, moneys, valuable property or weapons constituting the estate of the deceased from the person of the deceased or from the premises, prior to arrival of the coroner or without the permission of the coroner, is guilty of a misdemeanor. At the scene of any death, when it is immediately apparent or when it has not been previously recognized and the coroner’s examination reveals that police investigation or criminal prosecution may ensue, the coroner shall not further disturb the body or any related evidence until the law enforcement agency has had reasonable opportunity to respond to the scene, if their purposes so require and they so request. Custody and control of the body shall remain with the coroner at all times. Reasonable time at the scene shall be allowed by the coroner for criminal investigation by other law enforcement agencies, with the time and location of removal of the remains to a convenient place to be determined at the discretion of the coroner. (d) A peace officer may search the person or property on or about the person of the deceased, whose death is due to a traffic accident, for a driver’s license or identification card to determine if an anatomical donor card is attached. If a peace officer locates such an anatomical donor card which indicates that the deceased is an anatomical donor, the peace officer shall immediately furnish such information to the coroner having jurisdiction. “Peace officer,” as used in this subdivision, means only those persons designated in Sections 830.1 and 830.2 of the Penal Code. (Amended by Stats. 1985, Ch. 304, Sec. 5.) - 27491.4. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
This section lets the coroner take and examine a body for an inquest, but limits autopsies and body handling when the deceased made valid disposition arrangements unless required notice steps are taken.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.4. (a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy. (b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law. (c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491. (Amended by Stats. 2016, Ch. 787, Sec. 1. (SB 1189) Effective January 1, 2017.) - 27491.41. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
This section requires coroners to order an autopsy quickly for sudden, unexpected infant deaths and to follow a state health protocol.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.41. (a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. (b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. (c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. (2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. (d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. (f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. (g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. (h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. (i) Consent of any person is not required before undertaking the autopsy required by this section. (Amended by Stats. 2016, Ch. 787, Sec. 2. (SB 1189) Effective January 1, 2017.) - 27491.42. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
A coroner must notify the parent or responsible adult of a qualifying child death about the importance of taking tissue samples, and the coroner is not liable for damages for acts or omissions done in compliance with this section.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.42. (a) For purposes of this section, “sudden unexplained death in childhood” means the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and where a thorough postmortem examination fails to demonstrate an adequate cause of death. (b) The coroner shall notify the parent or responsible adult of a child described in subdivision (a) about the importance of taking tissue samples. (c) A coroner shall not be liable for damages in a civil action for any act or omission in compliance with this section. (Added by Stats. 2019, Ch. 614, Sec. 1. (AB 620) Effective January 1, 2020.) - 27491.43. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
This section limits a coroner’s ability to perform or order an autopsy or related procedure when a valid religious-belief certificate is in place, but it allows exceptions for suspected crime or public health hazards and for court-authorized action.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.43. (a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent. (2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article. (b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address. (c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard. (d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases. (2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure. (3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions. (4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court. (5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition. (e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section. (f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section. (Amended by Stats. 2016, Ch. 787, Sec. 3. (SB 1189) Effective January 1, 2017.) - 27491.44. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may take several actions related to organ and tissue donation, coordination, and training.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.44. Notwithstanding any other provision of law, the coroner is authorized to do all of the following: (a) Assist the people of this state, as appropriate, in the implementation of the Uniform Anatomical Gift Act contained in Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, and in the otherwise lawful utilization of medically proven organ and tissue transplant procedures. (b) Cooperate in the authorized removal and timely disposition of human organs and tissue from the bodies of deceased persons, including victims of homicide, in accordance with law and accepted medical practice. (c) Assist medical and health service agencies in identifying donors of human organs and tissues, for purposes of providing life-enhancing benefits of transplant surgery to recipients under duly sanctioned medical conditions. (d) Ask the deceased person’s next of kin, at the time of notification of death, whether the deceased was a donor or if the family was a donor family. If not, the coroner is authorized to inform them of their option to donate viable organs and tissues. (e) Enter into agreements with one or more procurement organizations to coordinate organ recovery procedures within that coroner’s jurisdiction or in cooperation with other coroners throughout the state. (f) Contract with or receive assistance of any kind from any public or private entity for the purpose of providing education and training to his or her personnel in pathology or any other area of the healing arts and sciences that will assist in timely determination of the causes of death. (Amended by Stats. 1996, Ch. 827, Sec. 2. Effective January 1, 1997.) - 27491.45. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may keep body parts for scientific investigation and training, and may allow their release or removal only under stated consent and safeguard conditions.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.45. (a) (1) The coroner shall have the right to retain parts of the body, as defined in subdivision (g) of Section 7150.1 of the Health and Safety Code, removed at the time of autopsy or acquired during a coroner’s investigation as may, in the opinion of the coroner, be necessary or advisable for scientific investigation and training. The coroner may employ or use outside laboratories, hospitals, or research institutions in the conduct of the coroner’s scientific investigation or training. (2) Parts of the body retained pursuant to paragraph (1) may be released by the coroner to hospitals, medical educational research institutions, and law enforcement agencies for noncoroner training, educational, and research purposes, either upon consent of the decedent or other person, as specified in Section 7151 of the Health and Safety Code, or after a reasonable effort has been made to locate and inform persons listed in subdivision (a) of Section 7151 of the Health and Safety Code of their option to consent or object to the release, and the appropriate person consents or that effort has been unsuccessful. A reasonable effort shall be deemed to have been made when a search for the persons has been underway for at least 12 hours. The search shall include a check of local police missing persons records, examination of personal effects, and the questioning of any persons visiting the decedent before his or her death or in the hospital, accompanying the decedent’s body, or reporting the death, in order to obtain information that might lead to the location of any persons listed in subdivision (a) of Section 7151 of the Health and Safety Code. (b) The coroner may, in his or her discretion, allow removal of parts of the body by a licensed physician and surgeon or trained transplant technician for transplant, or therapeutic, or scientific purposes pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, only if the following conditions are met: (1) The provision of the part will not unnecessarily mutilate the body or interfere with the autopsy. (2) The decedent or other person, as specified in Section 7151 of the Health and Safety Code, has consented to the provision of the part, as prescribed by Section 7154 of the Health and Safety Code, or after a reasonable effort has been made to locate and inform persons listed in subdivision (a) of Section 7151 of the Health and Safety Code of their option to consent or object to the release, and the appropriate person consents, or that effort has been unsuccessful. A reasonable effort shall be deemed to have been made when a search for the persons has been underway for at least 12 hours. The search shall include a check of local police missing persons records, examination of personal effects, and the questioning of any persons visiting the decedent before his or her death or in the hospital, accompanying the decedent’s body, or reporting the death, in order to obtain information that might lead to the location of any persons listed in subdivision (a) of Section 7151 of the Health and Safety Code. In obtaining this gift, the coroner shall notify the donor of the specific part or parts requested and shall obtain the donor’s informed consent, as provided in Section 7150.5 or 7151 of the Health and Safety Code. (c) Nothing in this section shall be construed as limiting any right provided for in Section 7152 of the Health and Safety Code. (d) For purposes of this section, “trained transplant technician” means a person who has completed training in tissue removal for transplant or therapeutic, or scientific purposes, which the coroner determines to be adequate for the purposes. (Amended by Stats. 2000, Ch. 830, Sec. 1. Effective January 1, 2001.) - 27491.46. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
A coroner may retain or remove pituitary glands in limited autopsy-related circumstances, and certain participants are shielded from civil and criminal liability for authorized removals.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.46. (a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent. (b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section. Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code. (Amended by Stats. 2016, Ch. 787, Sec. 4. (SB 1189) Effective January 1, 2017.) - 27491.47. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may authorize removal and release of corneal eye tissue during an autopsy if listed consent and handling conditions are met.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.47. (a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met: (1) The autopsy has otherwise been authorized. (2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following: (A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness. (B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue. (C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift. The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years. (3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy. (4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician. (5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes. (b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section. (c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). (Amended by Stats. 2016, Ch. 787, Sec. 5. (SB 1189) Effective January 1, 2017.) - 27491.5. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must make death-certificate cause-of-death statements match the facts, may use statements and medical consultation in limited cases without an inquest or autopsy, and must not rule out crime, suicide, or accident just because evidence is lacking.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.5. The cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other scientific findings. In case of death without medical attendance and without violence, casualty, criminal or undue means, the coroner may, without holding an inquest or autopsy, make the certificate of death from statements of relatives, persons last in attendance, or persons present at the time of death, after due medical consultation and opinion has been given by one qualified and licensed to practice medicine and so recorded in the records of the death, providing such information affords clear grounds to establish the correct medical cause of death within accepted medical practice and within the requirements for accuracy prescribed by the Division of Vital Statistics of the State Department of Health Services. The coroner shall not finally exclude crime, suicide, or accident as a cause of death because of lack of evidence. (Amended by Stats. 1979, Ch. 373.) - 27491.55. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
A coroner may delegate jurisdiction over a death to another county agency or the federal government if the listed conditions are met.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.55. In any case where a coroner is required to inquire into a death pursuant to Section 27491, the coroner may delegate his or her jurisdiction over the death to an agency of another county or the federal government when all of the following conditions have been met: (a) The other agency has either requested the delegation of jurisdiction, or has agreed to take jurisdiction at the request of the coroner. (b) The other agency has the authority to perform the functions being delegated. (c) When both the coroner and the other agency have a jurisdictional interest or involvement in the death. (Added by Stats. 1988, Ch. 1139, Sec. 1.) - 27491.56. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
In combined sheriff-coroner counties, the sheriff-coroner must use independent outside coroners, medical examiners, or private providers for in-custody death determinations, and the findings must be delivered to listed officials and next of kin.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.56. (a) This section shall be known, and may be cited, as the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. (b) In any county where the offices of the sheriff and the coroner are combined, the sheriff-coroner shall not determine the circumstances, manner, and cause of death pursuant to Section 27491 for any in-custody death, but shall instead do one or both of the following: (1) Contract with one or more counties that have a coroner’s office that operates independently from the office of the sheriff, or that have established an office of medical examiner pursuant to Section 24010, to determine the circumstances, manner, and cause of death. The contracted coroners or medical examiners shall operate independently from the office of the sheriff-coroner in conducting the medical examination process, including, but not limited to, exercising professional judgment to make determinations of the circumstances, manner, and cause of death. (2) Contract with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet the physician qualification requirements described in Section 24010 to determine the circumstances, manner, and cause of death. A private third-party medical examination provider shall operate independently from the office of the sheriff-coroner in conducting the medical examination process, including, but not limited to, exercising professional judgment to make determinations of the circumstances, manner, and cause of death. (c) The cause and manner of death listed on the death certificate shall match the cause and manner of death determined by the coroner, medical examiner, or private third-party medical examination provider, as provided in this section. (d) (1) In any county in which the offices of the sheriff and the coroner are combined, the county board of supervisors shall annually select and enter into a service agreement or service agreements with medical examiners or independent coroner offices from other counties, or with one or more private third-party medical examination providers, or with any combination of those medical examiners, independent coroner offices, or private third-party medical examination providers. (2) A private third-party medical examination provider that has entered into a service agreement with a county, as provided in paragraph (1), may not, during the term of that service agreement, be contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. (e) Upon the determination of the circumstances, manner, and cause of death, the findings of the examination shall be delivered to the sheriff-coroner, district attorney, county health officer, and board of supervisors of the county in which the death occurred. The findings shall also be delivered to the decedent’s next of kin. (f) For purposes of this section, “in-custody death” means either of the following: (1) An in-custody death as defined in Section 10008 of the Penal Code. (2) A death of a person who is detained, under arrest, or is in the process of being detained or arrested, by a federal law enforcement officer, including for the purposes of immigration enforcement, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, and for which the sheriff-coroner has jurisdiction or the federal government has requested an autopsy be performed by the sheriff-coroner’s office. (g) This section shall be operative January 1, 2027. (Added by Stats. 2025, Ch. 389, Sec. 1. (AB 1108) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.) - 27491.6. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may hold an inquest when circumstances warrant, and must hold one if certain officials request it.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.6. The coroner may also, in his discretion, if the circumstances warrant, hold an inquest, and he shall hold an inquest if requested to do so by the Attorney General, the district attorney, sheriff, city prosecutor, city attorney, or a chief of police of a city in the county in which such coroner has jurisdiction. Such inquest shall be held with or without a jury, at the coroner’s discretion and shall be open to the public. (Amended by Stats. 1969, Ch. 1220.) - 27491.7. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner, an authorized deputy, or a hearing officer must conduct the inquest.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.7. The coroner, his authorized deputy, or a hearing officer shall conduct the inquest. (Added by Stats. 1969, Ch. 1220.) - 27491.8. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must notify the decedent’s personal representative before seeking certain privileged communications, and the records are handled confidentially by the court.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27491.8. (a) When the coroner seeks a confidential communication of a deceased person that is privileged under Article 6 (commencing with Section 990) or Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, by means of a subpoena or subpoena duces tecum, for the purpose of inquiry into, and determination of, the circumstances, manner, and cause of death as set forth in Section 27491, or for the sole purpose of being introduced as evidence at a coroner’s inquest proceeding, the coroner shall provide notice to the decedent’s personal representative personally or at his or her last known address, not less than 15 days prior to the date the records are to be delivered to the presiding judge of the superior court. The notice shall inform the personal representative that he or she may provide to the court a written objection to the disclosure or to any part thereof, on or before the date for delivery thereof to the court. The custodian shall deliver the records to the presiding judge of the superior court in a confidential manner. The presiding judge shall examine the records in camera. If there is good cause, the presiding judge shall direct the custodian to disclose to the coroner those portions of the records which the judge determines are relevant to the coroner’s inquiry or inquest. (b) A communication made available to the coroner pursuant to this section is confidential, except insofar as it is introduced into evidence at a coroner’s inquest proceeding, and shall not be distributed or made available to any other person, agency, firm, or corporation. (c) This communication shall not be admissible as former testimony pursuant to Article 9 (commencing with Section 1290) of Chapter 2 of Division 10 of the Evidence Code. (d) After the investigation or inquest has terminated, the court shall order the records thereof to be sealed as necessary to protect the confidentiality of the decedent’s medical or mental health information. (e) This section shall become operative on January 1, 2003. (Repealed (in Sec. 3) and added by Stats. 2000, Ch. 1068, Sec. 4. Effective January 1, 2001. Section operative January 1, 2003, by its own provisions.) - 27492. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must summon 9 to 15 qualified jurors to appear forthwith to inquire into the cause of death.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27492. The coroner shall summon, or cause to be summoned by any sheriff or policeman, not less than nine nor more than 15 persons, qualified by law to serve as jurors, to appear before him forthwith, either at the place where the body of the deceased is or at some other convenient place within the county designated by him, or at the request of the district attorney, to inquire into the cause of the death. (Amended by Stats. 1996, Ch. 872, Sec. 57. Effective January 1, 1997.) - 27493. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
People summoned for jury duty are not exempt unless the coroner decides otherwise, and certain people cannot be summoned or challenged as jurors.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27493. No person summoned is exempt from jury duty except at the discretion of the coroner. No person shall be summoned as juror who is related to the decedent or is charged with or suspected of the killing, nor shall anyone be summoned who is known to be prejudiced for or against him. No person selected or summoned to appear as a juror is subject to be challenged by any party. (Added by Stats. 1947, Ch. 424.) - 27497. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The jury may accompany the coroner to view and examine the deceased person’s body if the coroner deems it necessary and orders it. The jury must also retire to a place chosen by the coroner to hear witnesses and deliberate when ordered.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27497. After the jury has been sworn and charged by the coroner it may, if deemed necessary and so ordered by him, go with him to view and examine the body of the deceased person. On order of the coroner the jury shall retire to any convenient place specified by him to hear the testimony of witnesses and deliberate upon its verdict. (Added by Stats. 1947, Ch. 424.) - 27498. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may subpoena witnesses and require them to bring relevant records or items for an inquest.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27498. (a) The coroner may issue subpoenas for witnesses, returnable forthwith or at such time and place as the coroner appoints, which may be served by any competent person. The coroner may also require any such witness to bring with him or her any books, records, documents, or other things under the control of the witness which, in the opinion of the coroner, are necessary to the conduct of the inquest and as a further aid in determining the circumstances, manner, and cause of death of the decedent. To enforce the provisions of this section, the coroner may issue subpoenas duces tecum in accordance with Section 1985 of the Code of Civil Procedure. In case of failure of a witness to attend, and in the case of a subpoena duces tecum, for the failure to produce the items set forth therein, the coroner, or the coroner’s authorized deputy, issuing the subpoena upon proof of service thereof, and the failure of the witness, may certify the facts to the superior court in the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he or she should not be ordered to comply. The order and a copy of the certified statement shall be served on the person. Thereafter the court shall have jursidiction of the matter. The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself or herself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a superior court. The items set forth on the subpoena duces tecum shall not be made public unless an inquest is held. (b) Any books, records, documents, or other things under the control of a law enforcement agency, subpoenaed pursuant to subdivision (a), shall not themselves be made a part of the record in any coroner’s inquest without the written consent of the law enforcement agency, when such inquest pertains to a death caused by a police officer. (Amended by Stats. 1978, Ch. 1198.) - 27499. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must summon and question witnesses with relevant knowledge, and may also call medical or chemistry professionals to inspect the body, perform a post mortem exam, or analyze bodily tissues/stomach and give an opinion on cause of death.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27499. The coroner shall summon and examine as witnesses every person who in his opinion or that of any of the jury has any knowledge of the facts. He may summon a surgeon or physician to inspect the body or hold a post mortem examination or a chemist to make an analysis of the stomach or the tissues of the deceased and give a professional opinion as to the cause of the death. (Added by Stats. 1947, Ch. 424.) - 27499.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
If possible witnesses’ names and addresses are furnished and they appear to be necessary witnesses, the coroner must subpoena them to attend the inquest hearing.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27499.1. Where the names and addresses of possible witnesses have been furnished to the coroner by the next of kin of the deceased, an attorney for the next of kin, or the district attorney, the coroner shall, if it reasonably appears to him that the persons named are in fact necessary witnesses, subpoena such persons to appear at the inquest hearing. (Added by Stats. 1969, Ch. 1220.) - 275.2. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. People of the State [240 - 275.2] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Political Rights and Duties [270 - 275.2] ( Article 2 enacted by Stats. 1943, Ch. 134. )
Minor public officers and minor candidates have the rights and liabilities of adults for their official duties or candidate activities.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. People of the State [240 - 275.2] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Political Rights and Duties [270 - 275.2] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 275.2. Notwithstanding any other provision of law, a public officer who is a minor shall have the rights and liabilities of an adult, both civil and criminal, with regard to his official duties, and a candidate for nomination or election to public office who is a minor shall have the rights and liabilities of an adult, both civil and criminal, with regard to his activities as a candidate. (Added by Stats. 1971, Ch. 700.) - 27500. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
A witness served with a subpoena who willfully and without reasonable excuse does not attend and testify commits a misdemeanor.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27500. Any witness served with a subpena who wilfully and without reasonable excuse fails to attend and testify is guilty of a misdemeanor. (Added by Stats. 1947, Ch. 424.) - 27501. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner may adjourn the inquest when necessary.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27501. The coroner may adjourn the inquest from time to time as may be necessary. (Added by Stats. 1947, Ch. 424.) - 27502. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The coroner must reduce witness testimony to writing or record it, and may have recorded testimony transcribed, hire a clerk or stenographer, and treat a stenographer’s certified transcription as the witness’s deposition.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27502. The coroner shall cause the testimony given by any witness to be reduced to writing or recorded either in shorthand or by a mechanical recording device. It may, if recorded, at his discretion, be transcribed into typewriting by him or under his direction. He may employ a clerk or stenographer for the purpose. When the testimony is taken down by a stenographer, his duly certified transcription thereof constitutes the deposition of the witness. The compensation of the clerk or stenographer shall be the same as that allowed to stenographers in the superior court of the county and is a legal charge against the county. (Amended by Stats. 1947, Ch. 575.) - 27502.2. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
An inquest verdict or decision cannot be used as evidence in any civil or criminal proceeding.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27502.2. The inquest verdict or decision shall be inadmissible as evidence in any civil or criminal proceeding. (Added by Stats. 1969, Ch. 1220.) - 27503. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
The transcript of witness testimony from a coroner’s inquest must be completed and filed within 10 days after the inquest.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27503. The transcript of the testimony of the witnesses examined in the coroner’s inquest shall be completed and filed within 10 days following the inquest with either the coroner’s office or the county clerk as determined by the board of supervisors. (Amended by Stats. 1971, Ch. 1175.) - 27504. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
After hearing testimony, the jury must return and certify its verdict in writing; if there is no jury, the coroner must render the decision.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27504. After hearing the testimony, the jury shall render its verdict and certify it by an inquisition in writing signed by the members of the jury, or the coroner shall render his decision if the inquest is by the coroner sitting without a jury, setting forth the name of the deceased, the time and place of death, the medical cause of death and whether the death was by (1) natural causes, (2) suicide, (3) accident, or (4) the hands of another person other than by accident. Such findings shall not include nor shall they make any reference to civil or criminal responsibility on the part of the deceased or any other person. (Amended by Stats. 1971, Ch. 1573.) - 27504.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
If the coroner finds the death was caused by another person, the coroner must send the written findings to specified law enforcement officials and also file the report as directed.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27504.1. If the findings are that the deceased met his or her death at the hands of another, the coroner shall, in addition to filing the report in his or her office or with the county clerk, as determined by the board of supervisors pursuant to Section 27503, transmit his or her written findings to the district attorney, the police agency wherein the dead body was recovered, and any other police agency requesting copies of the findings. The findings and conclusions provided for in this article shall be sufficient to satisfy the cause of death information required in death certificates under Section 102875 of the Health and Safety Code. (Amended by Stats. 2002, Ch. 221, Sec. 36. Effective January 1, 2003.) - 27511. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
Only one inquest may be held on a body, unless the court sets aside the first inquest; only one inquest may be held for several bodies killed by the same cause and dying at the same time.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27511. There shall be but one inquest upon a body, unless that taken is set aside by the court, and there shall be but one inquest held upon several bodies of persons who were killed by the same cause and died at the same time. (Added by Stats. 1947, Ch. 424.) - 27512. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. )
If the jury has made an error in identifying the body, the coroner may hold another inquest and must record the error on the mistaken inquisition.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Inquests [27490 - 27512] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27512. If it appears that an error in the identity of the body has been made by the jury, the coroner may call another inquest without reference to the court, and a memorandum of the error shall be entered upon the erroneous inquisition. (Added by Stats. 1947, Ch. 424.) - 27520. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. )
The coroner must perform an autopsy in certain written-request cases, and may do so again after an autopsy has already been performed; the requester pays the cost.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. ) ## 27520. (a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed. (Amended by Stats. 2016, Ch. 787, Sec. 6. (SB 1189) Effective January 1, 2017.) - 27521. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. )
This section sets required autopsy and identification steps for unidentified bodies or remains, including sample retention, reporting, and deadlines to notify the Department of Justice.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. ) ## 27521. (a) A postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains is subject to this section. (b) Any agency tasked with the exhumation of a body or skeletal remains of a deceased person that has suffered significant deterioration or decomposition, where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another, may perform the exhumation in consultation with a board-certified forensic pathologist certified by the American Board of Pathology. The board-certified forensic pathologist may suggest that the agency tasked with an exhumation pursuant to this subdivision consider retaining the services of an anthropologist in order to conduct the exhumation with the highest dignity for potential victims, the least damage to a potential crime scene, and the best chance for victim recovery and identification. (c) A postmortem examination or autopsy shall include, but shall not be limited to, the following procedures: (1) Taking of all available fingerprints and palm prints. (2) A dental examination consisting of dental charts and dental X-rays of the deceased person’s teeth, which may be conducted on the body or human remains by a qualified dentist as determined by the coroner or medical examiner. (3) The collection of tissue, including a hair sample, or body fluid samples for future DNA testing, if necessary. (4) Frontal and lateral facial photographs with the scale indicated. (5) Notation and photographs, with a scale, of significant scars, marks, tattoos, clothing items, or other personal effects found with or near the body. (6) Notations of observations pertinent to the estimation of the time of death. (7) Precise documentation of the location of the remains. (d) The postmortem examination or autopsy of the unidentified body or remains may include full body X-rays or computed tomography scans. (e) (1) At the sole and exclusive discretion of a coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491, an electronic image system, including, but not limited to, an X-ray machine or computed tomography scanning system, may be used to fulfill the requirements of subdivision (c) or of a postmortem examination or autopsy required by other law, including, but not limited to, Section 27520. (2) This subdivision does not impose a duty upon any coroner, medical examiner, or other agency tasked with performing autopsies pursuant to Section 27491 to use an electronic image system to perform autopsies or to acquire the capability to do so. (3) A coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491 shall not use an electronic imaging system to conduct an autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. If the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of another, and it is necessary to collect evidence for presentation in a court of law, then a dissection autopsy shall be performed in order to determine the cause and manner of death. (4) An autopsy may be conducted using an X-ray or computed tomography scanning system notwithstanding the existence of a certificate of religious belief properly executed in accordance with Section 27491.43. (f) The coroner, medical examiner, or other agency performing a postmortem examination or autopsy shall prepare a final report of investigation in a format established by the Department of Justice. The final report shall list or describe the information collected pursuant to the postmortem examination or autopsy conducted under subdivision (c). (g) The unidentified body or human remains shall not be cremated or buried until the appropriate samples of tissue and bone are retained for future possible use. (h) For an unidentified body or human remains, appropriate samples of tissue and bone shall be taken before the body or human remains are cremated or buried. The types of samples of tissue and bone that are taken shall be determined by the coroner or medical examiner. The samples obtained, the method of procurement or dissection of those samples, and the handling, processing, and storage of samples shall be within, and guided by, the generally accepted standards of forensic pathology and death investigation. (i) The coroner, medical examiner, or other agency responsible for a postmortem examination or autopsy shall retain the appropriate samples of tissue and bone for one year after a positive identification is made, and no civil or criminal challenges are pending, or indefinitely. (j) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and any other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit dental charts and dental X-rays of the unidentified deceased person to the Department of Justice on forms supplied by the Department of Justice within 45 days of the date the body or human remains were discovered. (k) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit the final report of investigation to the Department of Justice within 180 days of the date the body or human remains were discovered. The final report of investigation shall list or describe the information collected pursuant to the postmortem examination or autopsy and any anthropology report, fingerprints, photographs, and autopsy report. (Amended by Stats. 2018, Ch. 936, Sec. 1. (SB 1163) Effective January 1, 2019.) - 27521.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. )
A law enforcement agency investigating the death of an unidentified person must report the death to the Department of Justice within 10 calendar days after the body or human remains were discovered.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. ) ## 27521.1. The law enforcement agency investigating the death of an unidentified person shall report the death to the Department of Justice, in a format acceptable to the Department of Justice, no later than 10 calendar days after the date the body or human remains were discovered. (Added by Stats. 2000, Ch. 284, Sec. 2. Effective January 1, 2001.) - 27522. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. )
A forensic autopsy may be done only by a licensed physician and surgeon, with the manner of death determined by the county coroner or medical examiner, and access to the autopsy suite is tightly limited.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. ) ## 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. (b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. (c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. (d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. (2) Commencing January 1, 2027, paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56. (e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. (f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. (2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. (3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. (g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. (h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. (Amended by Stats. 2025, Ch. 389, Sec. 2. (AB 1108) Effective January 1, 2026.) - 27523. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. )
A coroner may test autopsy fluid for xylazine in certain overdose-related deaths, and must report positive results and quarterly totals to public health authorities. The department must also post specified xylazine surveillance data on its dashboard.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.5. Autopsy [27520 - 27523] ( Article 2.5 added by Stats. 1965, Ch. 1946. ) ## 27523. (a) A coroner may test the bodily fluid extracted during the autopsy of a deceased person to determine if any amount, including a trace amount, of xylazine was present at the time of the person’s death in either of the following circumstances: (1) The coroner reasonably suspects that the cause of the person’s death was an accidental or intentional overdose of an opioid. (2) The person was administered an overdose intervention drug prior to death and was unresponsive to the overdose intervention drug. (b) If the coroner conducts a test pursuant to subdivision (a), the coroner shall report a positive result indicating the presence of xylazine to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program and provide the State Department of Public Health with a quarterly report on positive results that includes the total number of tests performed and the State File Number from the death certificate of each positive case. (c) The department shall post the following information on the California Overdose Surveillance Dashboard located on the department’s internet website: (1) The total number of xylazine-positive results reported to the department. (2) The number of xylazine-positive results by county. (3) The number of xylazine-positive overdose deaths, per 100,000 population. (Added by Stats. 2024, Ch. 684, Sec. 1. (AB 1859) Effective January 1, 2025.) - 27530. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Vacancy [27530- 27530.] ( Article 3 added by Stats. 1947, Ch. 424. )
If the coroner is absent or unable to attend, a deputy may discharge the coroner’s duties with the same authority, obligations, and penalties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Coroner [27460 - 27530] ( Chapter 10 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Vacancy [27530- 27530.] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 27530. If the coroner is absent or unable to attend, the duties of his office may be discharged by any of his deputies with like authority and subject to the same obligations and penalties as the coroner. (Added by Stats. 1947, Ch. 424.) - 27550. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The county surveyor must be authorized to practice land surveying in this state, and is normally elected like other county officers unless the board of supervisors provides by ordinance for appointment.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27550. The surveyor shall be a person authorized to practice land surveying in this state. The surveyor shall be elected in the same manner and for the same term as other county officers unless the board of supervisors of the county shall have provided by ordinance for his or her appointment by the board. If so appointed, the surveyor shall serve at the will of the board. (Amended by Stats. 1981, Ch. 116, Sec. 1.) - 27550.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The usual eligibility qualifications for county or district office do not apply to surveyor candidates, applicants, or officeholders in counties with fewer than 20,000 people.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27550.1. The qualifications for eligibility to a county or district office, required by Section 24001 of this Code, shall not apply to candidates or applicants for, or a person elected or appointed to, the office of surveyor in a county containing a population of under 20,000 as determined by the 1960 federal decennial census. (Amended by Stats. 1963, Ch. 2091.) - 27550.2. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
In Solano County, the county surveyor may be appointed by the Director of Transportation if the board of supervisors has authorized that appointment by ordinance, and if appointed, the surveyor serves at the director’s will.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27550.2. Notwithstanding Section 27550, in Solano County, the county surveyor is not an elected position and may be appointed by the Director of Transportation if the board of supervisors have so provided by ordinance for that appointment. If so appointed, the surveyor shall serve at the will of the director. (Added by Stats. 2005, Ch. 407, Sec. 5. Effective January 1, 2006.) - 27551. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The surveyor must make surveys ordered by court or the board of supervisors, keep proper records, and provide copies, plats, and a certificate of survey when requested and paid for.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27551. The surveyor shall make any survey that is required by order of court or the board of supervisors. He shall keep a correct and fair record of all surveys made by him, number them in the order made, and preserve a copy of the field notes and calculations of each survey, and shall endorse thereon its proper number. A copy of the survey and a fair and accurate plat, together with a certificate of survey, shall be furnished by him to any person upon application and payment of the fees allowed by law. (Amended by Stats. 1965, Ch. 1433.) - 27552. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
A landowner or claimant whose land crosses county lines may ask a county surveyor to survey it, and the surveyor must do the survey.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27552. Any person owning or claiming land which is divided by county lines and who wishes to have it surveyed may apply to the surveyor of any county in which any part of the land is situated. Upon such application, the surveyor shall make the survey, which is as valid as though the land were situated entirely within the county. (Added by Stats. 1947, Ch. 424.) - 27553. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
If a land title dispute before a court involves land split by a county line, the court may send the survey order to a county surveyor where any part of the land is located.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27553. When the title of land which is in dispute before any court, is divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situated. (Added by Stats. 1947, Ch. 424.) - 27554. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
When required, the surveyor must aid and assist the State Lands Commission in making surveys within the county.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27554. When required the surveyor shall aid and assist the State Lands Commission in making surveys within the county. (Added by Stats. 1947, Ch. 424.) - 27555. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
If the surveyor has an interest in land that is in dispute and a survey is needed, the court must order a disinterested person to do the survey.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27555. When the surveyor is interested in any land, the title to which is in dispute, and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The person so appointed is for that purpose authorized to administer and certify oaths. He shall return the survey, verified by his annexed affidavit, and receive for his services the same fees as the surveyor would be entitled to for similar service. (Added by Stats. 1947, Ch. 424.) - 27556. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The surveyor must copy, plat, or trace each map filed for record with the county recorder, at the filer’s cost.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27556. The surveyor shall copy, plat, or trace each map filed for record in the office of the county recorder, at the cost of the party filing the map, and is ex officio deputy recorder for the county for such purposes. All maps or plats filed by a licensed land surveyor and such other maps and plats as are filed and are thereby made a record are exempt from this section. (Added by Stats. 1947, Ch. 424.) - 27557. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The county surveyor must make county, road, district, and other maps, and must make assessors’ block-books for the county when the assessor requests them.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27557. The surveyor shall plat, trace, blueprint, or otherwise make all county, road, district, and other maps and, at the request of the assessor, make all assessors’ block-books for the county. (Amended by Stats. 1993, Ch. 1187, Sec. 4.5. Effective January 1, 1994.) - 27558. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The board of supervisors may pay county funds to have maps and block-books made or bought by contract when listed conditions about the assessor’s records or the surveyor’s office are met.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27558. The board of supervisors may provide and pay from county funds for the making or purchase of the maps and block-books by contract with some other competent person, if any of the following conditions exist: (a) The office of the assessor is not provided with maps and block-books. (b) The maps or block-books in the office of the assessor are insufficient or defective and the surveyor neglects or refuses to make them. (c) The facilities of the surveyor’s office are inadequate to do so. (Added by Stats. 1947, Ch. 424.) - 27559. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
When preparing assessors’ maps and block-books, the surveyor must make the investigations and surveys needed to produce complete and accurate maps.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27559. In the preparation of assessors’ maps and block-books the surveyor shall make all investigations and surveys necessary to provide complete and accurate maps. (Added by Stats. 1947, Ch. 424.) - 27560. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
Maps made for the county, and related data obtained by the surveyor or others making them, belong to the county.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27560. All maps which are platted, traced, blueprinted, or otherwise so made for the county and all data obtained by the surveyor or person making them from other sources is the property of the county. (Added by Stats. 1947, Ch. 424.) - 27561. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The board of supervisors may authorize the sale of assessor-use map copies, but the sale price must be at least cost.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27561. The board of supervisors may provide for the sale at not less than cost of copies of maps prepared for the use of the assessor. (Added by Stats. 1947, Ch. 424.) - 27562. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
The county surveyor must make county road surveys and other engineering work as directed by the board of supervisors, and must file survey maps and field notes in the surveyor’s office.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27562. The surveyor shall make such surveys of county roads and perform such other engineering work as the board of supervisors directs. All surveys shall be tied by courses and distances to the corners of legal subdivisions through which they pass or to natural or artificial monuments. All such maps and field notes of surveys shall be filed in the office of the surveyor and are the property of the county. (Added by Stats. 1947, Ch. 424.) - 27563. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
Survey courses must be expressed by the true meridian, and any variation of the magnetic meridian from the true meridian must be shown on the plat with the survey date.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27563. In all surveys the courses shall be expressed according to the true meridian, and the variation of the magnetic meridian from the true meridian shall be expressed on the plat with the date of the survey. (Added by Stats. 1947, Ch. 424.) - 27564. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. )
Surveyors must send the State Lands Commission a plat within 90 days after certain surveys, and they must provide additional required survey information.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. Duties Generally [27550 - 27564] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 27564. Within 90 days after making any survey which adjoins or crosses any lands owned by the State, excluding tax-deeded lands but including school lands, swamp and overflow lands, or tidelands, any navigable stream or slough, or any county boundary, each surveyor shall transmit to the State Lands Commission a plat of the survey, showing all data necessary to establish the relative positions of all lines and boundaries involved in that portion of the survey affecting the interests of the State. The State Lands Commission may require the surveyor to submit a copy of any portion of the field notes, in which case the commission shall pay the surveyor the cost of copying the notes. The surveyor shall also transmit such information concerning surveys made by him and other matters connected with the duties of his office as is required by law to be furnished to the State Lands Commission. (Added by Stats. 1947, Ch. 424.) - 27580. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
A surveyor who finds a marked government corner while performing official duties must remark it with a durable metal monument of specified minimum size, or an equally imperishable monument.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27580. If in the performance of his official duties any surveyor finds a government corner which has been marked by a government surveyor by placing charcoal in the ground or a wooden stake, earth mound, or other perishable monument, he shall remark the corner by placing therein a monument of heavily galvanized iron pipe or galvanized iron stake not less than two inches in diameter and not less than two feet long, or other monument not less in size and equally imperishable. (Added by Stats. 1947, Ch. 424.) - 27581. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
Survey monuments must be set at specified heights depending on whether they are in a public highway, and metal monuments exposed above ground must be at least 4 feet long.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27581. All monuments located in public highways shall be placed with the top not less than 12 inches below the surface of the ground, but when not located in public highways, they shall be placed with the top six inches above the surface of the ground. If the top of the monument is placed above the ground and is of metal, it shall be not less than four feet long. (Added by Stats. 1947, Ch. 424.) - 27582. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
The surveyor must note nearby witness objects at corners, state their distance and course from the corner, and record the note in a properly indexed county surveyor’s office record book.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27582. The surveyor shall note witness objects that are within a reasonable distance of any corner, and state distance and course from the corner. He shall record the note in a properly indexed record book in the county surveyor’s office. The book is a public record. (Added by Stats. 1947, Ch. 424.) - 27583. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
The board of supervisors must provide all necessary pipes or stakes for county monuments when demanded, at no cost.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27583. The board of supervisors shall furnish all necessary pipes or stakes for monuments in the county on demand and without cost. (Added by Stats. 1947, Ch. 424.) - 27584. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
The board may create a survey monument preservation fund, and the county surveyor may use city engineers or private surveyors for certain surveys. Those surveyors must send their notes to the county surveyor, who must prepare and file a survey map within 90 days after finishing fieldwork.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27584. The board may establish a survey monument preservation fund to pay the necessary expenses incurred or authorized by the county surveyor in any retracement or remonument survey of major historical land division lines upon which later surveys are based, such as, but not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within such county. The county surveyor may authorize a city engineer to perform such surveys within subject city or may contract with any surveyor in private practice to perform such surveys. When a city engineer or contract surveyor performs such surveys, he shall submit notes of such surveys to the county surveyor. Such notes shall be of the quality and size as may be necessary to conform to the standardized office records of the county surveyor. The county surveyor shall prepare a map of the survey and make such map a part of his public records within 90 days after completion of his fieldwork. (Added by Stats. 1976, Ch. 881.) - 27585. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. )
The board may set a user fee for the survey monument preservation fund, and the county recorder must collect and forward the money, with a tract-map lot deed exemption.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Survey Markers [27580 - 27585] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 27585. (a) For the limited purpose of financing the survey monument preservation fund pursuant to Section 27584, the board may impose a user fee, not to exceed ten dollars ($10), or an amount set pursuant to Section 54985, which shall be charged and collected by the county recorder, over and above any other fees required by law, as a condition precedent to the filing or recording of any grant deed conveying real property. Grant deeds conveying lots created by recorded tract maps shall be exempt from the user fee. Except as otherwise provided in subdivision (b), the fees shall be forwarded monthly by the county recorder to the county treasurer for deposit to the county survey monument preservation fund. Following the establishment of the fund, the board of supervisors may extinguish the fund if a finding is made by the board that the need for the fund no longer exists. (b) Notwithstanding subdivision (a) or (c), if a city engineer of a city with a population of more than 1,500,000 persons conducts the survey pursuant to Section 27584, any user fees collected pursuant to subdivision (a) on and after January 1, 1987, with respect to any grant deed conveying real property located wholly within the city shall be transferred monthly by the county recorder to the city treasurer of the city to reimburse the city for the expenses incurred by the city engineer in conducting that survey. (c) Notwithstanding Section 2231 of the Revenue and Taxation Code, and except as otherwise provided in subdivision (b), no funds collected by the county recorder for the survey monument preservation fund shall be transferred to, or deposited in, any other fund or used for any other purpose. (Amended by Stats. 1986, Ch. 334, Sec. 1.) - 27600. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Expenses and Fees [27600 - 27601] ( Article 3 added by Stats. 1947, Ch. 424. )
The board of supervisors must provide the surveyor with office space, furniture, heat, light, office materials, and pay necessary field expenses and transportation.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Expenses and Fees [27600 - 27601] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 27600. The board of supervisors shall provide for the use of the surveyor a suitable office, office furniture, heat, light, and care for the office. It shall provide office and record books, and other necessary material. The board shall pay all necessary expenses and transportation on work performed in the field. (Added by Stats. 1947, Ch. 424.) - 27601. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Expenses and Fees [27600 - 27601] ( Article 3 added by Stats. 1947, Ch. 424. )
The surveyor must charge and collect fees that are allowed by law.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 11. Surveyor [27550 - 27601] ( Chapter 11 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Expenses and Fees [27600 - 27601] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 27601. The surveyor shall charge and collect such fees as are allowed by law. (Added by Stats. 1947, Ch. 424.) - 27640. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
A county board of supervisors may appoint a county counsel in any county.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27640. In any county a county counsel may be appointed by the board of supervisors. (Amended by Stats. 1957, Ch. 1341.) - 27641. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
The county counsel serves a four-year term, remains in office until a successor is appointed, and can be removed through specified proceedings or by the board of supervisors under stated procedures.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27641. The county counsel shall serve for four years from the time of his appointment and until his successor is appointed, subject to the following: (a) He may be removed at any time by proceedings under Article 3 (commencing at Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code. (b) He may be removed at any time by the board of supervisors for neglect of duty, malfeasance or misconduct in office, or other good cause shown, upon written accusation to be filed with the board of supervisors, by a person not a member of the board, and heard by the board and sustained by a three-fifths vote of the board. When an accusation has been so filed with the board, the board may direct the district attorney to investigate and present the accusation or may employ private counsel for that purpose. All testimony before the board shall be under oath or affirmation administered by the board. The board is hereby vested with the power to compel the attendance of witnesses and the production of books, papers and testimony and shall make such processes available to the accused. A copy of the accusation shall be personally served upon the accused and he shall be given not less than 10 days’ time in which to file a written answer to the accusation. If, after hearing, it appears to the satisfaction of the board that the accusation has been substantiated, the board shall so notify the accused by mail. Such notice shall specifically state the findings and judgment of the board, and the board shall thereupon forthwith remove the accused from office and shall immediately appoint his successor. (Amended by Stats. 1959, Ch. 1389.) - 27641.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
The board of supervisors may waive the residence-qualification requirement for a county counsel candidate or applicant in that county.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27641.1. The residence qualifications for eligibility to a county or district office, required by Section 24001, may be waived by the board of supervisors as to any candidate or applicant for the office of county counsel in such county. (Amended by Stats. 1963, Ch. 1383.) - 27642. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
If the board of supervisors appoints a county counsel, that county counsel must perform all duties that the law assigns to the district attorney, except public-prosecutor duties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27642. Whenever the board of supervisors appoints a county counsel pursuant to this chapter, he shall discharge all the duties vested by law in the district attorney other than those of a public prosecutor. (Added by Stats. 1947, Ch. 424.) - 27643. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
The board of supervisors may require county counsel to represent the public administrator in certain estates, and county counsel must pay collected attorney’s fees into the county treasury. In some counties and situations, the public administrator may hire private counsel.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27643. The board of supervisors may by ordinance require that the county counsel shall act as attorney for the public administrator in all estates in which he or she is executor, administrator with the will annexed, or administrator, where he or she has priority for appointment as established by law, including all cases under Section 7660 of the Probate Code. However, in the case of a noncharter county or a charter county where there is no conflict with the county charter, the public administrator may employ private counsel (a) in those estates in which he or she is nominated and would not otherwise have priority, (b) for those estates in which he or she is appointed administrator with the will annexed, or administrator pursuant to Chapter 4 (commencing with Section 8400) of Division 7 of the Probate Code, and (c) in those estates in which he or she is appointed administrator with the will annexed for the reason the executor nominated in the will has refused to serve. In those matters where the county counsel furnishes representation the county counsel shall collect the attorney’s fees allowed by law and pay them into the county treasury. (Amended by Stats. 1988, Ch. 1199, Sec. 19. Operative July 1, 1989, by Sec. 119 of Ch. 1199.) - 27644. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
The board of supervisors must provide the county counsel with assistants needed to do the job properly.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27644. The board of supervisors shall furnish the county counsel with such assistants as will enable him to perform properly the duties of his office. (Added by Stats. 1947, Ch. 424.) - 27645. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
The county counsel must represent and advise officers and employees of special districts in the county, and may control related civil cases when the stated conditions are met.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27645. Subject to Section 26520, the county counsel shall represent and advise the officers and employees of special districts organized within the county and shall have exclusive charge and control of all civil actions and proceedings in which special districts, their officers or employees are concerned or are parties when: (a) The governing board of the special district requests the county counsel to so act; (b) The governing board of the special district is composed in whole or in part of persons who are also members of the county board of supervisors; and (c) No specific provision is made in the law under which the special district is organized for the district to obtain legal services. (Amended by Stats. 1976, Ch. 800.) - 27646. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
If the board of supervisors designates the county counsel under Welfare and Institutions Code Section 5114, the county counsel must represent the county in the specified proceedings.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27646. Upon designation by the board of supervisors pursuant to Section 5114 of the Welfare and Institutions Code, the county counsel shall represent the county in proceedings under Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (Added by Stats. 1970, Ch. 1627.) - 27647. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. )
If the Judicial Council requests it, county counsel may represent a superior court or judge in legal matters tied to the judge’s duties, except in listed excluded proceedings.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 12. County Counsel [27640 - 27647] ( Chapter 12 added by Stats. 1947, Ch. 424. ) ## 27647. (a) If requested to do so by the Judicial Council, and insofar as these duties are not in conflict with, and do not interfere with, other duties, the county counsel may represent the superior court or a judge thereof in all matters and questions of law pertaining to any of the judge’s duties, including any representation authorized by Section 68111 and representation in all civil actions and proceedings in any court in which with respect to the court’s or judge’s official capacity, the court or judge is concerned or is a party. (b) This section does not apply to any of the following: (1) Any criminal proceedings in which a judge is a defendant. (2) Any grand jury proceedings. (3) Any proceeding before the Commission on Judicial Performance. (4) Any civil action or proceeding arising out of facts under which the judge was convicted of a criminal offense in a criminal proceeding. (Amended by Stats. 2023, Ch. 478, Sec. 40. (AB 1756) Effective January 1, 2024.) - 27700. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
A county board of supervisors may establish a public defender office, and counties may join together to establish and maintain one for shared service.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27700. The board of supervisors of any county may establish the office of public defender for the county. Any county may join with one or more counties to establish and maintain the office of public defender to serve such counties. (Amended by Stats. 1949, Ch. 1288.) - 27701. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
A person is eligible for public defender only if they have practiced law in all state courts for at least the year before the election or appointment date.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27701. A person is not eligible to the office of public defender unless he has been a practicing attorney in all of the courts of the State for at least the year preceding the date of his election or appointment. (Added by Stats. 1947, Ch. 424.) - 27702. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
When the office is established, the board of supervisors must decide whether the public defender will be appointed or elected.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27702. At the time of establishing the office the board of supervisors shall determine whether the public defender is to be appointed or elected. (Added by Stats. 1947, Ch. 424.) - 27703. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
County public defenders, when appointed, must be appointed by the board of supervisors; for two or more counties, the boards of supervisors make the appointment.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27703. If the public defender of any county is to be appointed, he shall be appointed by the board of supervisors to serve at its will. The public defender of any two or more counties shall be appointed by the boards of supervisors of such counties. (Amended by Stats. 1949, Ch. 1288.) - 27704. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
If the public defender is elected, the board of supervisors must appoint one first, the first election must be held at the next general county election after the office is created, and the elected term is four years.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27704. If the public defender is to be elected: (a) The board of supervisors shall appoint a public defender who shall hold office until the first Monday in January following the next general election of county officers. (b) The first election of a public defender shall be held at the first general election of county officials after the establishment of the office. (c) The term of office of the public defender is four years from and after the first Monday in January following his election. (Added by Stats. 1947, Ch. 424.) - 27705. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
In counties of the first, second, and third classes, the public defender must spend all working time on office duties and may not practice law except as public defender.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27705. In counties of the first, second and third classes, the public defender shall devote all his time to the duties of his office and shall not engage in the practice of law except in the capacity of public defender. (Amended by Stats. 1949, Ch. 1288.) - 27705.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
A public defender may not, while in office, defend, assist in the defense of, or act as counsel for a person accused of a crime in any county, except as allowed by this chapter.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27705.1. A public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county, except as set forth in this chapter. (Added by Stats. 1949, Ch. 1288.) - 27706. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
The public defender must provide defense, representation, advice, and some appeal or collection services for eligible people, usually when requested or ordered by a court.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27706. The public defender shall perform the following duties: (a) Upon request of the defendant or upon order of the court, the public defender shall defend, without expense to the defendant, any person who is not financially able to employ counsel and who is charged with the commission of any contempt or offense triable in the superior courts at all stages of the proceedings, including the preliminary examination. The public defender shall, upon request, give counsel and advice to such person about any charge against the person upon which the public defender is conducting the defense, and shall prosecute all appeals to a higher court or courts of any person who has been convicted, where, in the opinion of the public defender, the appeal will or might reasonably be expected to result in the reversal or modification of the judgment of conviction. (b) Upon request, the public defender shall prosecute actions for the collection of wages and other demands of any person who is not financially able to employ counsel, where the sum involved does not exceed one hundred dollars ($100), and where, in the judgment of the public defender, the claim urged is valid and enforceable in the courts. (c) Upon request, the public defender shall defend any person who is not financially able to employ counsel in any civil litigation in which, in the judgment of the public defender, the person is being persecuted or unjustly harassed. (d) Upon request, or upon order of the court, the public defender shall represent any person who is not financially able to employ counsel in proceedings under Division 4 (commencing with Section 1400) of the Probate Code and Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (e) Upon order of the court, the public defender shall represent any person who is entitled to be represented by counsel but is not financially able to employ counsel in proceedings under Chapter 2 (commencing with Section 500) of Part 1 of Division 2 of the Welfare and Institutions Code. (f) Upon order of the court the public defender shall represent any person who is required to have counsel pursuant to Section 686.1 of the Penal Code. (g) Upon the order of the court or upon the request of the person involved, the public defender may represent any person who is not financially able to employ counsel in a proceeding of any nature relating to the nature or conditions of detention, of other restrictions prior to adjudication, of treatment, or of punishment resulting from criminal or juvenile proceedings. (h) This section shall become operative July 1, 2021. (Repealed (in Sec. 12) and added by Stats. 2020, Ch. 92, Sec. 13. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.) - 27707. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
The court may decide whether someone qualifies for public defender services based on financial ability, and the public defender must provide services until the court decides otherwise.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27707. (a) The court in which the proceeding is pending may make the final determination in each case as to whether a defendant or person described in Section 27706 is financially able to employ counsel and qualifies for the services of the public defender. The public defender shall, however, render legal services as provided in subdivisions (a), (b) and (c) of Section 27706 for any person the public defender determines is not financially able to employ counsel until such time as a contrary determination is made by the court. If a contrary determination is made, the public defender thereafter may not render services for such person except in a proceeding to review the determination of that issue or in an unrelated proceeding. In order to assist the court or public defender in making the determination, the court or the public defender may require a defendant or person requesting services of the public defender to file a financial statement under penalty of perjury. The financial statement shall be confidential and privileged and shall not be admissible as evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. The financial statement shall be made available to the prosecution only for purposes of investigation of an alleged offense of perjury based upon false material contained in the financial statement at the conclusion of the proceedings for which such financial statement was required to be submitted. (b) This section shall become operative on July 1, 2021. (Repealed (in Sec. 14) and added by Stats. 2020, Ch. 92, Sec. 15. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.) - 27707.1. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
County boards may authorize public defenders to make reciprocal assistance agreements, and a deputized public defender may temporarily work in another county when the local office has a conflict or present inability.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27707.1. The boards of supervisors of two or more counties may authorize their respective public defenders to enter into reciprocal or mutual assistance agreements whereby a deputy public defender of one county may be assigned on a temporary basis to perform public defender duties in the county to which he has been assigned in actions or proceedings in which the public defender of the county to which the deputy has been assigned has properly refused to represent a party because of a conflict of interest or because of some other present inability. For purposes of this section, the term “present inability” shall include a lack of personnel, lack of expertise, or lack of other resources by the local office. Whenever a deputy public defender is assigned to perform public defender duties in another county pursuant to such an agreement, the county to which he is assigned shall reimburse the county in which he is regularly employed in an amount equal to the portion of his regular salary for the time he performs public defender duties in the county to which he has been assigned. The deputy public defender shall also receive from the county to which he has been assigned the amount of actual and necessary traveling and other expenses incurred by him in traveling between his regular place of employment and the place of employment in the county to which he has been assigned. A board of supervisors may also authorize the reciprocal or mutual assistance agreements provided for in this section with the State Public Defender. (Amended by Stats. 1983, Ch. 323, Sec. 59.5. Effective July 1, 1983.) - 27708. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
In each county, the board of supervisors must provide the public defender with suitable rooms, office furniture, and supplies.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27708. In each county the board of supervisors shall provide suitable rooms for the use of the public defender and office furniture and supplies with which to properly conduct the business of his office. Such expenses are a charge upon the county or counties in which the public defender is employed. (Amended by Stats. 1949, Ch. 1288.) - 27709. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
The cost of printing or typewriting appellate briefs for a defendant represented by a public defender is a county charge.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27709. The expense of printing or typewriting the briefs on appeal on behalf of a defendant represented by a public defender is a county charge. (Amended by Stats. 1949, Ch. 1288.) - 27710. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
The public defender must keep a record of all services performed and file an annual written report with the board or boards of supervisors.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27710. The public defender shall keep a record of all services rendered by him in that capacity and shall file with the board or boards of supervisors annually a written report of his services. (Amended by Stats. 1949, Ch. 1288.) - 27711. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. )
Each public defender’s annual salary is set by the county or counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 13. Public Defender [27700 - 27711] ( Chapter 13 added by Stats. 1947, Ch. 424. ) ## 27711. The annual salary of each public defender shall be such as has been or may be fixed by the county or counties. (Added by Stats. 1949, Ch. 1288.) - 27720. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
A county board of supervisors may create the office of county hearing officer, and that office’s duty is to conduct hearings for the county and its boards, agencies, commissions, or committees.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27720. The board of supervisors of any county may establish the office of county hearing officer. The duties of the office are to conduct hearings for the county or any board, agency, commission, or committee of the county. (Amended by Stats. 1985, Ch. 617, Sec. 4.) - 27721. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
A county hearing officer may be authorized by ordinance or resolution to run hearings and related hearing functions.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27721. When a state law or local ordinance provides that a hearing be held or that findings of fact or conclusions of law be made by any county board, agency, commission, or committee, the county hearing officer may be authorized by ordinance or resolution to conduct the hearing; to issue subpoenas; to receive evidence; to administer oaths; to rule on questions of law and the admissibility of evidence; and to prepare a record of the proceedings. (Amended by Stats. 1985, Ch. 617, Sec. 5.) - 27722. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
A hearing officer must either issue a written decision and send it with the record to the local body clerk, or, if not authorized to decide, prepare a recommended decision and send that instead.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27722. (a) If the hearing officer is authorized to decide a matter upon which a hearing has been held pursuant to Section 27721, the officer shall render a written decision, including any findings or conclusions required for that decision, and submit the decision and the record to the clerk of the local body on whose behalf the hearing was held. (b) If the hearing officer is not authorized to decide a matter upon which a hearing has been held pursuant to Section 27221, the officer shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the clerk of the local body on whose behalf the hearing was held. The local body may adopt the recommended findings, conclusions, and decision, or may reject the recommendation and enter its own findings, conclusions, and decision after a review of the record. (Amended by Stats. 1985, Ch. 617, Sec. 6.) - 27723. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
The local body may be present during the proceeding, but it is not required to be present.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27723. The local body may, but need not be present during the proceeding. (Added by Stats. 1965, Ch. 480.) - 27724. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
County hearing officers, deputy hearing officers, and assistant hearing officers appointed under this chapter must be attorneys admitted to practice in this state for at least five years before appointment.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27724. Any county hearing officer, or any deputy or assistant hearing officer, appointed pursuant to this chapter, shall be an attorney at law having been admitted to practice before the courts of this state for at least five years prior to his or her appointment. (Amended by Stats. 1985, Ch. 617, Sec. 7.) - 27725. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
A local public entity may contract with the county for county hearing officer services, and the contract must spell out the hearing officer’s duties, responsibilities, and reimbursement terms.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27725. Any other local public entity may contract with the county to employ the services of the county hearing officer. The duties and responsibilities of the hearing officer described in Sections 27721 and 27722 shall be set forth in the contract. Reimbursement to the county for the services of a county hearing officer shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the county in providing the service including salaries, benefits, overhead, and any travel expense. (Amended by Stats. 1985, Ch. 617, Sec. 8.) - 27726. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
A contracting entity may conduct its hearings under this chapter.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27726. Such contracting entity is authorized to conduct its hearings in accordance with the provisions of this chapter. (Added by Stats. 1965, Ch. 480.) - 27727. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
Counties and other local public entities may contract with California’s Office of Administrative Hearings, and that office may contract for an administrative law judge or hearing officer to conduct proceedings under this chapter.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27727. Any county or other local public entity may contract with the Office of Administrative Hearings of the State of California, and the office is hereby authorized to contract for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter. (Amended by Stats. 1985, Ch. 324, Sec. 26.) - 27728. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. )
This chapter is an alternative way to handle matters heard or decided by a hearing officer, and it does not override other laws on the same subject.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 14. Hearing Officer [27720 - 27728] ( Chapter 14 added by Stats. 1965, Ch. 480. ) ## 27728. The provisions of this chapter provide an alternative to, and do not supersede, any other provision of law providing for any matter to be heard or determined by a hearing officer. (Added by Stats. 1985, Ch. 617, Sec. 9.) - 27750. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
A county board of supervisors may appoint a county officer as the county financial evaluation officer to assess defendants’ and other liable persons’ ability to pay certain court-related costs.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27750. (a) The board of supervisors of any county may designate a county officer to make financial evaluations of defendants and other persons liable for reimbursable costs under the law. A county officer so designated shall be known as the county financial evaluation officer, whose duties shall be to determine, according to the standards set by the board of supervisors and at the direction of the court, the financial ability of parties who have incurred, or will incur, court-related or court-ordered costs, which costs by law must be waived or the services provided free of charge if the party is indigent. (b) This section shall become operative on July 1, 2021. (Repealed (in Sec. 17) and added by Stats. 2020, Ch. 92, Sec. 18. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.) - 27751. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
A county financial evaluation officer may perform specified probation officer functions.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27751. A county financial evaluation officer is authorized to perform the functions of a probation officer set forth in Sections 275, 276, and 323 of the Welfare and Institutions Code and Sections 1685 to 1687, inclusive, of the Code of Civil Procedure. (Added by Stats. 1985, Ch. 1485, Sec. 2.) - 27752. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
A county financial evaluation officer may make financial evaluations and collect money under the listed Family Code, Penal Code, and Welfare and Institutions Code provisions.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27752. (a) A county financial evaluation officer is authorized to make financial evaluations and collect moneys pursuant to Section 3112 of the Family Code, Sections 1203.1, 1203.1c, 1205, and 1209 of the Penal Code, and Sections 353, 376, 700, 727, 751, 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code. (b) This section shall become operative on July 1, 2021. (Repealed (in Sec. 19) and added by Stats. 2020, Ch. 92, Sec. 20. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.) - 27754. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
Courts must send certain people to a county financial evaluation officer to assess ability to pay costs, and the person may dispute that evaluation and seek a hearing.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27754. Notwithstanding any provision of the Penal Code to the contrary, in any court where a county financial evaluation officer is available, if there are any costs which a person might have to reimburse the county for under the Penal Code based on his or her financial ability at the conclusion of the proceedings, the court shall order such person to appear before the county financial evaluation officer, who shall make an inquiry into such person’s ability to pay these costs, as well as other court-related costs. When the person is so ordered to appear before the county financial evaluation officer, the court shall then determine if there are other costs which he or she might have to pay that depend on his or her financial ability, and if so, shall order that the county financial evaluation officer make an inquiry into the person’s ability to pay all or a portion of all such costs. The person shall have the right to dispute the county financial officer’s evaluation, in which case he or she shall be entitled to a hearing pursuant to Section 27755 of the Government Code in the court that concluded the proceedings. If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear before the county financial evaluation officer as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of such costs. Proper notice to the person shall contain all of the following: (a) That he or she has a right to a statement of such cost as soon as it is available. (b) The person’s procedural rights under Section 27755 of the Government Code. (c) The time limit within which the person’s appearance is required. (d) A warning that if the person fails to appear before the county financial evaluation officer, such officer will recommend that the court order the person to pay such cost in full. If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and he or she concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the person’s written agreement, shall petition the court for an order requiring the person to pay that sum to the county in a manner which is reasonable and compatible with the person’s financial ability. This order need not be obtained in the court which concluded the proceedings, and may be granted without further notice to the person, provided a copy of the order is served on the person by mail. However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the person’s liability for the costs, the amount of such costs, his or her ability to pay the same, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing pursuant to Section 27755 of the Government Code. (Added by Stats. 1985, Ch. 1485, Sec. 2.) - 27755. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
People facing a hearing on their ability to pay court-related costs have procedural rights, and the court may order reimbursement if ability to pay is found.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27755. (a) At any hearing required by law to determine a person’s ability to pay court-related costs, such person shall have the right to be heard in person and to be represented by counsel, to present witnesses and other evidence, to confront and cross-examine adverse witnesses, to have the evidence against him or her disclosed to him or her, and to have a written statement of the findings of the court. A defendant represented by counsel appointed by the court in the criminal proceedings shall be entitled to such representation at any hearing held pursuant to this section. If the court determines that such person has the ability to pay all or a part of the costs, the court may set the amount to be reimbursed and order him or her to pay that sum to the county in the manner in which the court believes reasonable and compatible with his or her financial ability. Failure of any such person who is not in custody to appear after proper notice for his or her financial evaluation before a county financial evaluation officer, or for this hearing, is a sufficient basis for an order directing the person to pay the full cost of his or her court-related costs as determined by the court. Proper notice to the person shall contain all of the following: (1) That he or she has a right to a statement of such cost as soon as it is available. (2) The person’s procedural rights under this section. (3) The time limit within which the person’s appearance is required. (4) A warning that if the person fails to appear before the county financial evaluation officer, the county financial evaluation officer will recommend that the court order the person to pay such cost in full. The order to pay all or a part of such costs may be enforced in the manner provided for enforcement of money judgments generally, including any balance remaining unpaid at the end of the person’s probationary period, but may not be enforced by contempt unless otherwise provided for by law. Any order entered under this subdivision is subject to relief under the provisions of Section 473 of the Code of Civil Procedure. (b) As used in this section: (1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony and any other form of services provided to assist the person in the preparation and presentation of the person’s case. (2) “Ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs involved and shall include, but not be limited to, all of the following: (A) The person’s present financial position. (B) The person’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing or evaluation, whichever is applicable, for purposes of determining the person’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison shall be determined not to have a reasonably discernible future financial ability to reimburse the costs involved, and need not be referred to the county financial evaluation officer for a financial evaluation. (C) The likelihood that the person shall be able to obtain employment within a six-month period from the date of the hearing or evaluation, whichever is applicable. (D) Any other factor or factors which may bear upon the person’s financial capability to reimburse the county for the costs involved. (c) If the court determines that the person has the ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the person to pay the sum to the county in a manner in which the court believes reasonable and compatible with the person’s financial ability. Failure of a person who is not in custody to appear at the evaluation or the hearing after due notice is sufficient grounds for an order directing the person to pay the amount of such costs as determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally, but may not be enforced by contempt. An order entered pursuant to this subdivision is subject to relief under Section 473 of the Code of Civil Procedure. (d) At any time during the pendency of the judgment rendered according to the terms of this section, a person against whom a judgment has been rendered may petition the rendering court to modify or vacate said judgment on the grounds of a change in circumstances with regard to the person’s ability to pay the judgment. The court shall advise the person of this right at the time it renders the judgment. (Added by Stats. 1985, Ch. 1485, Sec. 2.) - 27756. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
A county financial evaluation officer, when designated by the board of supervisors, must make financial evaluations of parental liability for reimbursements and other court-ordered costs, and may enforce the court order as a civil judgment.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27756. Notwithstanding Section 903.4 of the Welfare and Institutions Code, in any county where the board of supervisors has designated a county financial evaluation officer, the county financial evaluation officer shall make financial evaluations of parental liability for reimbursements and other court-ordered costs pursuant to Sections 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code, as directed by the board of supervisors, or as established by order of the juvenile court, and may enforce the court order as any other civil judgment, including any balance remaining unpaid after jurisdiction of the minor has terminated. (Added by renumbering Section 27556 (as added by Stats. 1985, Ch. 1485) by Stats. 1986, Ch. 248, Sec. 84.) - 27757. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
A county financial evaluation officer may reduce, cancel, or remit certain juvenile costs, investigate a minor’s assets and relatives, and the county may claim reimbursement in specified cases.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27757. (a) Except as otherwise ordered by the juvenile court, a county financial evaluation officer, upon satisfactory proof, may reduce, cancel, or remit the costs and charges listed in Sections 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code, or established by order of the juvenile court. (b) The county financial evaluation officer may, following entry of an order by the juvenile court that a minor person be represented by the public defender or private attorney or be placed or detained in, or committed to, a county institution or other place, make an investigation to determine the moneys, the property, or interest in property, if any, the minor person has, and whether he or she has a duly appointed and acting guardian to protect his or her property interests. The county financial evaluation officer may also make an investigation to determine whether the minor person has any relative or relatives responsible under the provisions of this chapter, and may ascertain the financial condition of that relative or those relatives to determine whether they are financially able to pay those charges. (c) In any case where a county has expended money for the support and maintenance of any dependent child or other minor person, or has furnished support and maintenance, and the court has not made an order of reimbursement to the county, in whole or in part, as provided by law, or the court has made and subsequently revoked that order, if the dependent child or other minor person or parent, guardian, or other person liable for the support of the dependent child or other minor person acquires property, money, or estate subsequent to the date the juvenile court assumed jurisdiction over the dependent child or minor person, or subsequent to the date the order of reimbursement was revoked, the county shall have a claim for that reimbursement against the dependent child or other minor person or parent, guardian or other person responsible for the support and maintenance. The claim shall be enforced by the county financial evaluation officer or the local child support agency, as the case may be. (d) (1) This section does not apply to a minor who is adjudged a ward of the juvenile court, who is placed on probation pursuant to Section 725 of the Welfare and Institutions Code, who is the subject of a petition that has been filed to adjudge the minor a ward of the juvenile court, or who is the subject of a program of supervision undertaken pursuant to Section 654 of the Welfare and Institutions Code. (2) Notwithstanding paragraph (1), this section applies to a minor who is designated as a dual status child pursuant to Section 241.1 of the Welfare and Institutions Code, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction. (Amended by Stats. 2017, Ch. 678, Sec. 1. (SB 190) Effective January 1, 2018.) - 27758. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. )
Reports of the county financial evaluation officer filed with the court may be inspected or copied only in the ways listed here.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 15. County Financial Evaluation Officer [27750 - 27758] ( Chapter 15 added by Stats. 1985, Ch. 1485, Sec. 2. ) ## 27758. Any report of the county financial evaluation officer filed with the court may be inspected or copied only as follows: (a) By any person, from the date judgment is pronounced or probation granted or, in the case of a report arising out of a previous arrest, from the date the subsequent accusatory pleading is filed, to and including 60 days from the date judgment is pronounced or probation is granted, whichever is earlier. (b) By any person, at any time, by order of the court, upon filing a petition therefor by such person. (c) By the general public, if the court upon its own motion orders that a report or reports shall be open or that the contents of the report or reports shall be disclosed. (d) By any person authorized or required by law to inspect or receive copies of the report. (Added by Stats. 1985, Ch. 1485, Sec. 2.) - 27770. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. )
Counties must have a chief probation officer, with nomination by the juvenile justice commission and appointment by the presiding judge or majority of judges; the county board of supervisors sets the salary.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. ) ## 27770. (a) A chief probation officer shall be appointed in every county. He or she shall be nominated by the juvenile justice commission or regional juvenile justice commission of the county in the same manner as the presiding judge, in a county with two judges, or a majority of the judges, in a county with more than two judges, shall prescribe, and shall thereafter be appointed by the presiding judge or majority of judges. The salary for the position shall be established by the board of supervisors of the county. He or she may be removed for good cause as determined by the presiding judge or majority of judges. (b) In counties with charters that provide for appointment and tenure of office for the chief probation officer, the provisions of the charter shall control as to those matters and, in counties that have established or hereafter establish merit or civil service systems governing the methods of appointment and the tenure for the chief probation officer, the provisions of the merit or civil service systems shall control as to those matters. In all other counties, appointment and tenure of the chief probation officer shall be controlled exclusively by the provisions of this code. (Added by Stats. 2017, Ch. 17, Sec. 16. (AB 103) Effective June 27, 2017.) - 27771. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. )
The chief probation officer must carry out the duties and obligations imposed by law or by order of the superior court, and may do additional related duties and accept appointment to the Board of State and Community Corrections.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. ) ## 27771. (a) The chief probation officer shall perform the duties and discharge the obligations imposed on the office by law or by order of the superior court, including the following: (1) Community supervision of offenders subject to the jurisdiction of the juvenile court pursuant to Section 602 or 1766 of the Welfare and Institutions Code. (2) Operation of juvenile halls pursuant to Section 852 of the Welfare and Institutions Code. (3) Operation of juvenile camps and ranches established under Section 880 of the Welfare and Institutions Code. (4) Community supervision of individuals subject to probation pursuant to conditions imposed under Section 1203 of the Penal Code. (5) Community supervision of individuals subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code. (6) Community supervision of individuals subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. (7) Administration of community-based corrections programming, including, but not limited to, programs authorized by Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code. (8) Serving as chair of the Community Corrections Partnership pursuant to Section 1230 of the Penal Code. (9) Making recommendations to the court, including, but not limited to, pre-sentence investigative reports pursuant to Sections 1203.7 and 1203.10 of the Penal Code. (b) The chief probation officer may perform other duties that are consistent with those enumerated in subdivision (a) and may accept appointment to the Board of State and Community Corrections and collect the per diem authorized by Section 6025.1 of the Penal Code. (Added by Stats. 2017, Ch. 17, Sec. 16. (AB 103) Effective June 27, 2017.) - 27772. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. )
The chief probation officer may appoint deputies, assistants, and other persons, subject to Section 69906.5 and approval rules, and their compensation must follow county merit or civil service systems when those systems exist.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. ) ## 27772. (a) Except as provided in Section 69906.5, the chief probation officer may appoint deputies, assistants, and other persons, and their compensation shall be established according to the provisions of the county’s merit systems or civil service systems. If no merit systems or civil service systems exist in the county, the board of supervisors shall provide for appointment, removal, and compensation of this personnel. (b) A deputy or assistant to the chief probation officer shall not have authority to act until his or her appointment has been approved by the juvenile justice commission or regional juvenile justice commission and by the presiding judge or majority of judges. The term of office of a deputy or assistant shall expire with the term of the chief probation officer who appointed the deputy or assistant, but the chief probation officer may revoke and terminate the appointment at any time. (c) This section applies in any charter county with a charter establishing the office of chief probation officer or adult probation officer and provides for the appointment of the officer in accordance with general law, subject to the merit system provisions of the charter. (Added by Stats. 2017, Ch. 17, Sec. 16. (AB 103) Effective June 27, 2017.) - 27773. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. )
The chief probation officer’s office must not be merged with another office, and its services must not be integrated or reorganized into another county office or department.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 16. Chief Probation Officer [27770 - 27773] ( Chapter 16 added by Stats. 2017, Ch. 17, Sec. 16. ) ## 27773. The office of chief probation officer shall not be consolidated with any other office, nor shall the services provided by the chief probation officer be integrated with or reorganized into any other office or department of the county. (Added by Stats. 2017, Ch. 17, Sec. 16. (AB 103) Effective June 27, 2017.) - 28000. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
County salaries covered by this section must be paid monthly from the county treasury, unless the board of supervisors sets a more frequent pay period by ordinance.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28000. Unless the board of supervisors of a county provides by ordinance for more frequent pay periods, the salaries of the officers named in this title and all county deputies, clerks, and employees who are entitled to salaries shall be paid monthly out of the county treasury. The sworn statement and copy of the treasurer’s receipt for all fees and other money required to be paid into the county treasury required by Section 28005 shall be required to be filed in such event only prior to payment of the final installment of the salary of any officer for any month. (Amended by Stats. 1961, Ch. 1328.) - 28001. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
The county auditor must issue salary warrants on the first day of each month, or the first day after the applicable pay period, unless the county has set a different salary schedule by ordinance.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28001. Except in those counties in which the board of supervisors has by ordinance fixed a different schedule of dates or pay periods for the payment of salaries of the officers, deputies, clerks and employees of the several departments and institutions of the county government, as authorized in Section 28003, the auditor shall, on the first day of each month, or the first day following the specified pay period draw his warrant upon the treasurer in favor of each officer, deputy, clerk, and employee for the amount of salary due him for the preceding month or pay period. (Amended by Stats. 1961, Ch. 1328.) - 28002. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
On presentation, the treasurer must pay the warrants from the county treasury’s salary fund.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28002. On presentation the treasurer shall pay the warrants out of the salary fund of the county treasury. (Added by Stats. 1947, Ch. 424.) - 28003. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
County supervisors may set salary payment dates by ordinance, and must do so for certain trial court payrolls; courts that run their own payroll must set those dates themselves.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28003. (a) In any county the board of supervisors may by ordinance fix a date or schedule of dates for the payment of salaries of the officers, deputies, clerks, and employees of the several departments and institutions of the county government. (b) If the county processes the payroll of the trial courts in that county, the board of supervisors shall also fix a date or schedule of dates for the payment of salaries of those judges and other officers and employees of the trial courts whose salaries are processed by the county. (c) In any court that processes its own payroll, the court shall fix a date or schedule of dates for the payment of the salaries of the judges and other officers and the employees of that court. (d) Nothing in this section shall affect the processing by the state of payroll for judges. (Amended by Stats. 2001, Ch. 824, Sec. 15. Effective January 1, 2002.) - 28004. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
The board of supervisors may, by ordinance, authorize county officers’ and employees’ salaries to be paid monthly from the county treasury.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28004. If the board of supervisors by ordinance so provides, the salaries of all county officers, deputies, clerks, and employees, including the employees of the several road districts, may be paid monthly out of the county treasury on warrants drawn by the auditor upon the treasurer in favor of each of the officers, deputies, clerks, and employees. (Added by Stats. 1947, Ch. 424.) - 28005. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
The county auditor must not issue a salary warrant for an officer for any month until the officer has filed the forms required by Section 24353.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28005. The auditor shall not draw his or her warrant for the salary of any officer for any month until the officer has first filed with him or her the forms required by Section 24353. (Amended by Stats. 1991, Ch. 1226, Sec. 5.) - 28007. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
A county officer or employee is not liable for acts done before June 2, 1955, if those acts were connected with paying a county employee’s monthly salary and the employee earned that salary by performing the required duties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28007. Notwithstanding any provision of law to the contrary, no officer or employee of a county shall be liable for any acts done by him, prior to June 2, l955, in connection with having paid the monthly salary of an employee of such county if such employee has performed, during the month for which he is paid, the duties required for the position for which he is paid. (Added by Stats. 1955, Ch. 331.) - 28008. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. )
The board of supervisors may appoint certain banks or credit unions as a disbursing agent for county salary payments, and the auditor may use a single warrant instead of separate warrants for employees who elect that method.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [28000 - 28008] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 28008. The board of supervisors may designate one or more state or national banks, one or more state or federal savings and loan associations, or one or more state or federal credit unions, doing business in the county as disbursing agent for the auditor to pay the salaries of such persons whose salaries are paid from the county treasury as may from time to time elect by a written instrument delivered to the auditor, to receive their salaries from such disbursing agent. In lieu of drawing separate salary warrants for such persons as shall have elected to be paid their salaries by such disbursing agent, the auditor may deliver to such disbursing agent a single warrant for the total combined salaries of such persons on or before the designated payday, together with the information necessary to disburse such salaries. The board of supervisors may enter into written contracts with such state and national banks, state or federal savings and loan associations, or state and federal credit unions, for their services as such disbursing agents on such terms as the board deems appropriate. (Amended by Stats. 1981, Ch. 40, Sec. 1.) - 28020. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
This section lists the population assigned to each county in California.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28020. The population of the counties of this state is hereby ascertained and determined to be and is as follows: 1Los Angeles ........................ 7,032,075 2Orange ........................ 1,420,386 3San Diego ........................ 1,357,854 4Alameda ........................ 1,073,184 5Santa Clara ........................ 1,064,714 6San Francisco ........................ 715,674 7San Bernardino ........................ 684,072 8Sacramento ........................ 631,498 9Contra Costa ........................ 558,389 10San Mateo ........................ 556,234 11Riverside ........................ 459,074 12Fresno ........................ 413,053 13Ventura ........................ 376,430 14Kern ........................ 329,162 15San Joaquin ........................ 290,208 16Santa Barbara ........................ 264,324 17Monterey ........................ 250,071 18Marin ........................ 206,038 19Sonoma ........................ 204,885 20Stanislaus ........................ 194,506 21Tulare ........................ 188,322 22Solano ........................ 169,941 23Santa Cruz ........................ 123,790 24San Luis Obispo ........................ 105,690 25Merced ........................ 104,629 26Butte ........................ 101,969 27Humboldt ........................ 99,692 28Yolo ........................ 91,788 29Napa ........................ 79,140 30Shasta ........................ 77,640 31Placer ........................ 77,306 32Imperial ........................ 74,492 33Kings ........................ 64,610 34Mendocino ........................ 51,101 35Yuba ........................ 44,736 36El Dorado ........................ 43,833 37Sutter ........................ 41,935 38Madera ........................ 41,519 39Siskiyou ........................ 33,225 40Tehama ........................ 29,517 41Nevada ........................ 26,346 42Tuolumne ........................ 22,169 43Lake ........................ 19,548 44San Benito ........................ 18,226 45Glenn ........................ 17,521 46Inyo ........................ 15,571 47Lassen ........................ 14,960 48Del Norte ........................ 14,580 49Calaveras ........................ 13,585 50Colusa ........................ 12,430 51Amador ........................ 11,821 52Plumas ........................ 11,707 53Trinity ........................ 7,615 54Modoc ........................ 7,469 55Mariposa ........................ 6,015 56Mono ........................ 4,016 57Sierra ........................ 2,365 58Alpine ........................ 484 (Amended by Stats. 1971, Ch. 1204.) - 28021. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties are classified by population to regulate officer compensation.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28021. For the purpose of regulating the compensation of all officers provided for in this part, the several counties of the State are classified according to their population, as ascertained and determined in Section 28020, as set forth in this chapter. (Added by Stats. 1947, Ch. 424.) - 28022. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with a population of 4,000,000 or more are classified as counties of the first class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28022. Counties containing a population of 4,000,000 and over are counties of the first class. (Amended by Stats. 1961, Ch. 43.) - 28023. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations of 1,400,000 up to under 4,000,000 are classified as counties of the second class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28023. Counties containing a population of 1,400,000 and under 4,000,000 are counties of the second class. (Amended by Stats. 1971, Ch. 1204.) - 28024. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations between 1,300,000 and 1,400,000 are classified as third class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28024. Counties containing a population of 1,300,000 and under 1,400,000 are counties of the third class. (Amended by Stats. 1971, Ch. 1204.) - 28025. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with a population of 1,070,000 to under 1,300,000 are classified as fourth-class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28025. Counties containing a population of 1,070,000 and under 1,300,000 are counties of the fourth class. (Amended by Stats. 1971, Ch. 1204.) - 28026. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations between 1,000,000 and under 1,070,000 are classified as fifth class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28026. Counties containing a population of 1,000,000 and under 1,070,000 are counties of the fifth class. (Amended by Stats. 1971, Ch. 1204.) - 28027. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations between 700,000 and 1,000,000 are classified as sixth-class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28027. Counties containing a population of 700,000 and under 1,000,000 are counties of the sixth class. (Amended by Stats. 1971, Ch. 1204.) - 28028. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with a population of 650,000 to under 700,000 are classified as counties of the seventh class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28028. Counties containing a population of 650,000 and under 700,000 are counties of the seventh class. (Amended by Stats. 1971, Ch. 1204.) - 28029. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations between 600,000 and 650,000 are classified as counties of the eighth class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28029. Counties containing a population of 600,000 and under 650,000 are counties of the eighth class. (Amended by Stats. 1971, Ch. 1204.) - 28030. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations of 558,000 to under 600,000 are classified as counties of the ninth class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28030. Counties containing a population of 558,000 and under 600,000 are counties of the ninth class. (Amended by Stats. 1971, Ch. 1204.) - 28031. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations of 500,000 to under 558,000 are classified as 10th class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28031. Counties containing a population of 500,000 and under 558,000 are counties of the 10th class. (Amended by Stats. 1971, Ch. 1204.) - 28032. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations over 450,000 and under 500,000 are classified as 11th class counties.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28032. Counties containing a population of 450,000 and under 500,000 are counties of the 11th class. (Amended by Stats. 1971, Ch. 1204.) - 28033. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations between 400,000 and 450,000 are classified as counties of the 12th class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28033. Counties containing a population of 400,000 and under 450,000 are counties of the 12th class. (Amended by Stats. 1971, Ch. 1204.) - 28034. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations of 370,000 through less than 400,000 are classified as counties of the 13th class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28034. Counties containing a population of 370,000 and under 400,000 are counties of the 13th class. (Amended by Stats. 1971, Ch. 1204.) - 28035. Verify source ↗
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. )
Counties with populations of 300,000 and under 370,000 are classified as counties of the 14th class.
## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. ) ## PART 5. SALARIES [28000 - 28085] ( Part 5 added by Stats. 1947, Ch. 424. ) ## CHAPTER 2. Classification of Counties [28020 - 28085] ( Chapter 2 added by Stats. 1947, Ch. 424. ) ## 28035. Counties containing a population of 300,000 and under 370,000 are counties of the 14th class. (Amended by Stats. 1971, Ch. 1204.)
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