Penal Code — Part 11 | PEN — United States — California law | Esheria

Penal Code

Part 11 of 29 · provisions 2,001–2,200

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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Provisions of Penal Code

Showing 200 of 5,647

  1. 18745.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who explodes, ignites, or tries to explode or ignite a destructive device or explosive with intent to commit murder commits a felony and faces life imprisonment with the possibility of parole.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18745. Every person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to commit murder is guilty of a felony, and shall be punished by imprisonment in the state prison for life with the possibility of parole. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  2. 18750.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who willfully and maliciously explodes or ignites a destructive device or explosive causing bodily injury commits a felony and can be imprisoned for five, seven, or nine years.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18750. Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for a period of five, seven, or nine years. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  3. 18755.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Willfully and maliciously exploding or igniting a destructive device or explosive that kills someone is a felony punishable by life without parole; doing so and causing mayhem or great bodily injury is a felony punishable by life imprisonment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18755. (a) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes the death of any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life without the possibility of parole. (b) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes mayhem or great bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  4. 18780.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A court may not grant probation or suspend the sentence for someone convicted of violating this chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18780. A person convicted of a violation of this chapter shall not be granted probation, and the execution of the sentence imposed upon that person shall not be suspended by the court. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  5. 188.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section defines express and implied malice for murder cases and says malice cannot be imputed based only on participation in a crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 188. (a) For purposes of Section 187, malice may be express or implied. (1) Malice is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. (2) Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (3) Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime. (b) If it is shown that the killing resulted from an intentional act with express or implied malice, as defined in subdivision (a), no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite that awareness is included within the definition of malice. (Amended by Stats. 2018, Ch. 1015, Sec. 2. (SB 1437) Effective January 1, 2019.)
  6. 18800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemptions [18800- 18800.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section exempts certain peace officers, military members, and specified fire personnel from the chapter’s prohibitions when they are on duty and acting within the scope of employment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemptions [18800- 18800.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18800. (a) Nothing in this chapter prohibits the sale to, purchase by, or possession, transportation, storage, or use of, a destructive device or explosive by any of the following: (1) Any peace officer listed in Section 830.1 or 830.2, or any peace officer in the Department of Justice authorized by the Attorney General, while on duty and acting within the scope and course of employment. (2) Any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of employment. (b) Nothing in this chapter prohibits the sale to, or the purchase, possession, transportation, storage, or use by any person who is a regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, while on duty and acting within the scope and course of employment, of any equipment used by that department or agency in the course of fire suppression. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  7. 189.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section classifies certain murders as first degree and all other murders as second degree, and defines when participants in certain felonies may be liable for murder.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 189. (a) All murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287, 288, or 289, or former Section 288a, or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. (b) All other kinds of murders are of the second degree. (c) As used in this section, the following definitions apply: (1) “Destructive device” has the same meaning as in Section 16460. (2) “Explosive” has the same meaning as in Section 12000 of the Health and Safety Code. (3) “Weapon of mass destruction” means any item defined in Section 11417. (d) To prove the killing was “deliberate and premeditated,” it is not necessary to prove the defendant maturely and meaningfully reflected upon the gravity of the defendant’s act. (e) A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven: (1) The person was the actual killer. (2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. (3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2. (f) Subdivision (e) does not apply to a defendant when the victim is a peace officer who was killed while in the course of the peace officer’s duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of the peace officer’s duties. (Amended by Stats. 2019, Ch. 497, Sec. 192. (AB 991) Effective January 1, 2020. Note: This section was amended on June 5, 1990, by initiative Prop. 115.)
  8. 189.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section says an unlawful, willful, deliberate, and premeditated killing of a peace officer performing duties is first-degree murder.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 189.1. (a) The Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer, as defined in Section 830, who was killed while engaged in the performance of his or her duties, where the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, are considered murder of the first degree for all purposes, including the gravity of the offense and the support of the survivors. (b) This section is declarative of existing law. (Added by Stats. 2017, Ch. 214, Sec. 2. (AB 1459) Effective January 1, 2018.)
  9. 189.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    In a murder trial, once the defendant’s commission of the homicide is proved, the defendant must prove mitigation, justification, or excuse, unless the prosecution’s evidence points only to manslaughter or to the defendant being justifiable or excusable.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 189.5. (a) Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable. (b) Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4. (Added by Stats. 1989, Ch. 897, Sec. 16.)
  10. 18900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain destructive-device businesses must get a Department of Justice permit, and permit applications must be in writing with specific information.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18900. (a) Every dealer, manufacturer, importer, and exporter of any destructive device, or any motion picture or television studio using destructive devices in the conduct of its business, shall obtain a permit for the conduct of that business from the Department of Justice. (b) Any person, firm, or corporation not mentioned in subdivision (a) shall obtain a permit from the Department of Justice in order to possess or transport any destructive device. No permit shall be issued to any person who meets any of the following criteria: (1) Has been convicted of any felony. (2) Is addicted to the use of any narcotic drug. (3) Is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (c) An application for a permit shall comply with all of the following: (1) It shall be filed in writing. (2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation. (3) It shall state the name, business in which engaged, business address, and a full description of the use to which the destructive devices are to be put. (d) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  11. 18905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Permit applicants must pay a fee when they file, and renewal fees are capped; the department may only raise fees within a cost-of-living limit after costs are covered.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18905. (a) Each applicant for a permit under this article shall pay at the time of filing the application a fee not to exceed the application processing costs of the Department of Justice. (b) A permit granted under this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee not to exceed the application processing costs of the Department of Justice. (c) After the department establishes fees sufficient in amount to cover processing costs, the amount of the fees shall only increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  12. 18910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must inspect permit holders annually for security, safe storage, and inventory reconciliation, except that holders with fewer than five qualifying devices are inspected every five years or more often if the department decides.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permit and Inspection [18900 - 18910] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18910. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued under this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of destructive devices. (b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  13. 190.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section sets the punishments for first- and second-degree murder, including death, life imprisonment, or fixed life terms in state prison, and bars parole before the minimum term is served.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190. (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. Except as provided in subdivision (b), (c), or (d), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life. (b) Except as provided in subdivision (c), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties. (c) Every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of life without the possibility of parole if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true: (1) The defendant specifically intended to kill the peace officer. (2) The defendant specifically intended to inflict great bodily injury, as defined in Section 12022.7, on a peace officer. (3) The defendant personally used a dangerous or deadly weapon in the commission of the offense, in violation of subdivision (b) of Section 12022. (4) The defendant personally used a firearm in the commission of the offense, in violation of Section 12022.5. (d) Every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury. (e) Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce any minimum term of a sentence imposed pursuant to this section. A person sentenced pursuant to this section shall not be released on parole prior to serving the minimum term of confinement prescribed by this section. (Amended by Stats. 1998, Ch. 760, Sec. 6. Approved in Proposition 19 at the March 7, 2000, election. Prior History: Added Nov. 7, 1978, by initiative Prop. 7; amended June 7, 1988, by Prop. 67 (from Stats. 1987, Ch. 1006); amended June 7, 1994, by Prop. 179 (from Stats. 1993, Ch. 609); amended June 2, 1998, by Prop. 222 (from Stats. 1997, Ch. 413, Sec. 1, which incorporated Stats. 1996, Ch. 598).)
  14. 190.03.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    A person who commits first-degree murder that is a hate crime must be punished with life in state prison without parole. The court generally cannot strike the allegation unless it is in the interest of justice, and then it must state its reasons in writing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.03. (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole. (b) The term authorized by subdivision (a) shall not apply unless the allegation is charged in the accusatory pleading and admitted by the defendant or found true by the trier of fact. The court shall not strike the allegation, except in the interest of justice, in which case the court shall state its reasons in writing for striking the allegation. (c) For the purpose of this section, “hate crime” has the same meaning as in Section 422.55. (d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. (Amended by Stats. 2004, Ch. 700, Sec. 5. Effective January 1, 2005.)
  15. 190.05.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    A defendant convicted of second degree murder who previously served a prison term for first or second degree murder faces life without parole or 15 years to life.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.05. (a) The penalty for a defendant found guilty of murder in the second degree, who has served a prior prison term for murder in the first or second degree, shall be confinement in the state prison for a term of life without the possibility of parole or confinement in the state prison for a term of 15 years to life. For purposes of this section, a prior prison term for murder of the first or second degree is that time period in which a defendant has spent actually incarcerated for his or her offense prior to release on parole. (b) A prior prison term for murder for purposes of this section includes either of the following: (1) A prison term served in any state prison or federal penal institution, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of confinement, as punishment for the commission of an offense which includes all of the elements of murder in the first or second degree as defined under California law. (2) Incarceration at a facility operated by the Youth Authority for murder of the first or second degree when the person was subject to the custody, control, and discipline of the Director of Corrections. (c) The fact of a prior prison term for murder in the first or second degree shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury. (d) In case of a reasonable doubt as to whether the defendant served a prior prison term for murder in the first or second degree, the defendant is entitled to a finding that the allegation is not true. (e) If the trier of fact finds that the defendant has served a prior prison term for murder in the first or second degree, there shall be a separate penalty hearing before the same trier of fact, except as provided in subdivision (f). (f) If the defendant was convicted by the court sitting without a jury, the trier of fact at the penalty hearing shall be a jury unless a jury is waived by the defendant and the people, in which case the trier of fact shall be the court. If the defendant was convicted by a plea of guilty or nolo contendere, the trier of fact shall be a jury unless a jury is waived by the defendant and the people. If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be. If the new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in the state prison for a term of 15 years to life. (g) Evidence presented at any prior phase of the trial, including any proceeding under a plea of not guilty by reason of insanity pursuant to Section 1026, shall be considered at any subsequent phase of the trial, if the trier of fact of the prior phase is the same trier of fact at the subsequent phase. (h) In the proceeding on the question of penalty, evidence may be presented by both the people and the defendant as to any matter relevant to aggravation, mitigation, and sentence, including, but not limited to, the nature and circumstances of the present offense, any prior felony conviction or convictions whether or not such conviction or convictions involved a crime of violence, the presence or absence of other criminal activity by the defendant which involved the use or attempted use of force or violence or which involved the express or implied threat to use force or violence, and the defendant’s character, background, history, mental condition, and physical condition. However, no evidence shall be admitted regarding other criminal activity by the defendant which did not involve the use or attempted use of force or violence or which did not involve the express or implied threat to use force or violence. As used in this section, criminal activity does not require a conviction. However, in no event shall evidence of prior criminal activity be admitted for an offense for which the defendant was prosecuted and acquitted. The restriction on the use of this evidence is intended to apply only to proceedings pursuant to this section and is not intended to affect statutory or decisional law allowing such evidence to be used in any other proceedings. Except for evidence in proof of the offense or the prior prison term for murder of the first or second degree which subjects a defendant to the punishment of life without the possibility of parole, no evidence may be presented by the prosecution in aggravation unless notice of the evidence to be introduced has been given to the defendant within a reasonable period of time as determined by the court, prior to trial. Evidence may be introduced without such notice in rebuttal to evidence introduced by the defendant in mitigation. In determining the penalty, the trier of fact shall take into account any of the following factors if relevant: (1) The circumstances of the crime of which the defendant was convicted in the present proceeding and the existence of the prior prison term for murder. (2) The presence or absence of criminal activity by the defendant which involved the use or attempted use of force or violence or the express or implied threat to use force or violence. (3) The presence or absence of any prior felony conviction. (4) Whether or not the offense was committed while the defendant was under the influence of extreme mental or emotional disturbance. (5) Whether or not the victim was a participant in the defendant’s homicidal conduct or consented to the homicidal act. (6) Whether or not the offense was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his or her conduct. (7) Whether or not the defendant acted under extreme duress or under the substantial domination of another person. (8) Whether or not at the time of the offense the ability of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, or the effects of intoxication. (9) The age of the defendant at the time of the crime. (10) Whether or not the defendant was an accomplice to the offense and his or her participation in the commission of the offense was relatively minor. (11) Any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime. After having heard and received all of the evidence, and after having heard and considered the arguments of counsel, the trier of fact shall consider, take into account, and be guided by the aggravating and mitigating circumstances referred to in this section, and shall impose a sentence of life without the possibility of parole if the trier of fact concludes that the aggravating circumstances outweigh the mitigating circumstances. If the trier of fact determines that the mitigating circumstances outweigh the aggravating circumstances, the trier of fact shall impose a sentence of confinement in the state prison for 15 years to life. (i) Nothing in this section shall be construed to prohibit the charging of finding of any special circumstance pursuant to Sections 190.1, 190.2, 190.3, 190.4, and 190.5. (Added by Stats. 1985, Ch. 1510, Sec. 1.)
  16. 190.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    Cases in which the death penalty may be imposed must be tried in separate phases, starting with guilt, then special-circumstance findings, and then sanity and penalty proceedings if required.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.1. A case in which the death penalty may be imposed pursuant to this chapter shall be tried in separate phases as follows: (a) The question of the defendant’s guilt shall be first determined. If the trier of fact finds the defendant guilty of first degree murder, it shall at the same time determine the truth of all special circumstances charged as enumerated in Section 190.2 except for a special circumstance charged pursuant to paragraph (2) of subdivision (a) of Section 190.2 where it is alleged that the defendant had been convicted in a prior proceeding of the offense of murder in the first or second degree. (b) If the defendant is found guilty of first degree murder and one of the special circumstances is charged pursuant to paragraph (2) of subdivision (a) of Section 190.2 which charges that the defendant had been convicted in a prior proceeding of the offense of murder of the first or second degree, there shall thereupon be further proceedings on the question of the truth of such special circumstance. (c) If the defendant is found guilty of first degree murder and one or more special circumstances as enumerated in Section 190.2 has been charged and found to be true, his sanity on any plea of not guilty by reason of insanity under Section 1026 shall be determined as provided in Section 190.4. If he is found to be sane, there shall thereupon be further proceedings on the question of the penalty to be imposed. Such proceedings shall be conducted in accordance with the provisions of Section 190.3 and 190.4. (Repealed and added November 7, 1978, by initiative Proposition 7, Sec. 4.)
  17. 190.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    A person found guilty of first-degree murder may face death or life in state prison without parole if listed special circumstances are proven.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true: (1) The murder was intentional and carried out for financial gain. (2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree. (3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree. (4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her act or acts would create a great risk of death to one or more human beings. (5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody. (6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her act or acts would create a great risk of death to one or more human beings. (7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her official duties. (8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her official duties. (9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her duties. (10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her testimony in any criminal or juvenile proceeding. As used in this paragraph, “juvenile proceeding” means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code. (11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutor’s office in this or any other state, or of a federal prosecutor’s office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties. (12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties. (13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties. (14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase “especially heinous, atrocious, or cruel, manifesting exceptional depravity” means a conscienceless or pitiless crime that is unnecessarily torturous to the victim. (15) The defendant intentionally killed the victim by means of lying in wait. (16) The victim was intentionally killed because of his or her race, color, religion, nationality, or country of origin. (17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies: (A) Robbery in violation of Section 211 or 212.5. (B) Kidnapping in violation of Section 207, 209, or 209.5. (C) Rape in violation of Section 261. (D) Sodomy in violation of Section 286. (E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288. (F) Oral copulation in violation of Section 287 or former Section 288a. (G) Burglary in the first or second degree in violation of Section 460. (H) Arson in violation of subdivision (b) of Section 451. (I) Train wrecking in violation of Section 219. (J) Mayhem in violation of Section 203. (K) Rape by instrument in violation of Section 289. (L) Carjacking, as defined in Section 215. (M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder. (18) The murder was intentional and involved the infliction of torture. (19) The defendant intentionally killed the victim by the administration of poison. (20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim’s official duties. (21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, “motor vehicle” means any vehicle as defined in Section 415 of the Vehicle Code. (22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang. (b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole. (c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4. (d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. (Amended by Stats. 2018, Ch. 423, Sec. 43. (SB 1494) Effective January 1, 2019. Prior History: Added Nov. 7, 1978, by initiative Prop. 7; amended June 5, 1990, by Prop. 114 (from Stats. 1989, Ch. 1165) and by initiative Prop. 115; amended March 26, 1996, by Prop. 196 (from Stats. 1995, Ch. 478, Sec. 2).)
  18. 190.25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.25. (a) The penalty for a defendant found guilty of murder in the first degree shall be confinement in state prison for a term of life without the possibility of parole in any case in which any of the following special circumstances has been charged and specially found under Section 190.4, to be true: the victim was the operator or driver of a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle operated on land, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or the victim was a station agent or ticket agent for the entity providing such transportation, who, while engaged in the course of the performance of his or her duties was intentionally killed, and such defendant knew or reasonably should have known that such victim was the operator or driver of a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle operated on land, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or was a station agent or ticket agent for the entity providing such transportation, engaged in the performance of his or her duties. (b) Every person whether or not the actual killer found guilty of intentionally aiding, abetting, counseling, commanding, inducing, soliciting, requesting, or assisting any actor in the commission of murder in the first degree shall suffer confinement in state prison for a term of life without the possibility of parole, in any case in which one or more of the special circumstances enumerated in subdivision (a) of this section has been charged and specially found under Section 190.4 to be true. (c) Nothing in this section shall be construed to prohibit the charging or finding of any special circumstance pursuant to Sections 190.1, 190.2, 190.3, 190.4, and 190.5. (Added by Stats. 1982, Ch. 172, Sec. 1. Effective April 27, 1982.)
  19. 190.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section tells the trier of fact to choose between death and life without parole in qualifying cases, and limits what evidence the prosecution may use in the penalty phase.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.3. If the defendant has been found guilty of murder in the first degree, and a special circumstance has been charged and found to be true, or if the defendant may be subject to the death penalty after having been found guilty of violating subdivision (a) of Section 1672 of the Military and Veterans Code or Sections 37, 128, 219, or 4500 of this code, the trier of fact shall determine whether the penalty shall be death or confinement in state prison for a term of life without the possibility of parole. In the proceedings on the question of penalty, evidence may be presented by both the people and the defendant as to any matter relevant to aggravation, mitigation, and sentence including, but not limited to, the nature and circumstances of the present offense, any prior felony conviction or convictions whether or not such conviction or convictions involved a crime of violence, the presence or absence of other criminal activity by the defendant which involved the use or attempted use of force or violence or which involved the express or implied threat to use force or violence, and the defendant’s character, background, history, mental condition and physical condition. However, no evidence shall be admitted regarding other criminal activity by the defendant which did not involve the use or attempted use of force or violence or which did not involve the express or implied threat to use force or violence. As used in this section, criminal activity does not require a conviction. However, in no event shall evidence of prior criminal activity be admitted for an offense for which the defendant was prosecuted and acquitted. The restriction on the use of this evidence is intended to apply only to proceedings pursuant to this section and is not intended to affect statutory or decisional law allowing such evidence to be used in any other proceedings. Except for evidence in proof of the offense or special circumstances which subject a defendant to the death penalty, no evidence may be presented by the prosecution in aggravation unless notice of the evidence to be introduced has been given to the defendant within a reasonable period of time as determined by the court, prior to trial. Evidence may be introduced without such notice in rebuttal to evidence introduced by the defendant in mitigation. The trier of fact shall be instructed that a sentence of confinement to state prison for a term of life without the possibility of parole may in future after sentence is imposed, be commuted or modified to a sentence that includes the possibility of parole by the Governor of the State of California. In determining the penalty, the trier of fact shall take into account any of the following factors if relevant: (a) The circumstances of the crime of which the defendant was convicted in the present proceeding and the existence of any special circumstances found to be true pursuant to Section 190.1. (b) The presence or absence of criminal activity by the defendant which involved the use or attempted use of force or violence or the express or implied threat to use force or violence. (c) The presence or absence of any prior felony conviction. (d) Whether or not the offense was committed while the defendant was under the influence of extreme mental or emotional disturbance. (e) Whether or not the victim was a participant in the defendant’s homicidal conduct or consented to the homicidal act. (f) Whether or not the offense was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his conduct. (g) Whether or not defendant acted under extreme duress or under the substantial domination of another person. (h) Whether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, or the affects of intoxication. (i) The age of the defendant at the time of the crime. (j) Whether or not the defendant was an accomplice to the offense and his participation in the commission of the offense was relatively minor. (k) Any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime. After having heard and received all of the evidence, and after having heard and considered the arguments of counsel, the trier of fact shall consider, take into account and be guided by the aggravating and mitigating circumstances referred to in this section, and shall impose a sentence of death if the trier of fact concludes that the aggravating circumstances outweigh the mitigating circumstances. If the trier of fact determines that the mitigating circumstances outweigh the aggravating circumstances the trier of fact shall impose a sentence of confinement in state prison for a term of life without the possibility of parole. (Repealed and added November 7, 1978, by initiative Proposition 7, Sec. 8.)
  20. 190.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section requires special findings on alleged special circumstances in a first-degree murder case and sets procedures for penalty hearings and jury deadlocks.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.4. (a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall also make a special finding on the truth of each alleged special circumstance. The determination of the truth of any or all of the special circumstances shall be made by the trier of fact on the evidence presented at the trial or at the hearing held pursuant to Subdivision (b) of Section 190.1. In case of a reasonable doubt as to whether a special circumstance is true, the defendant is entitled to a finding that is not true. The trier of fact shall make a special finding that each special circumstance charged is either true or not true. Whenever a special circumstance requires proof of the commission or attempted commission of a crime, such crime shall be charged and proved pursuant to the general law applying to the trial and conviction of the crime. If the defendant was convicted by the court sitting without a jury, the trier of fact shall be a jury unless a jury is waived by the defendant and by the people, in which case the trier of fact shall be the court. If the defendant was convicted by a plea of guilty, the trier of fact shall be a jury unless a jury is waived by the defendant and by the people. If the trier of fact finds that any one or more of the special circumstances enumerated in Section 190.2 as charged is true, there shall be a separate penalty hearing, and neither the finding that any of the remaining special circumstances charged is not true, nor if the trier of fact is a jury, the inability of the jury to agree on the issue of the truth or untruth of any of the remaining special circumstances charged, shall prevent the holding of a separate penalty hearing. In any case in which the defendant has been found guilty by a jury, and the jury has been unable to reach an unanimous verdict that one or more of the special circumstances charged are true, and does not reach a unanimous verdict that all the special circumstances charged are not true, the court shall dismiss the jury and shall order a new jury impaneled to try the issues, but the issue of guilt shall not be tried by such jury, nor shall such jury retry the issue of the truth of any of the special circumstances which were found by an unanimous verdict of the previous jury to be untrue. If such new jury is unable to reach the unanimous verdict that one or more of the special circumstances it is trying are true, the court shall dismiss the jury and in the court’s discretion shall either order a new jury impaneled to try the issues the previous jury was unable to reach the unanimous verdict on, or impose a punishment of confinement in state prison for a term of 25 years. (b) If defendant was convicted by the court sitting without a jury the trier of fact at the penalty hearing shall be a jury unless a jury is waived by the defendant and the people, in which case the trier of fact shall be the court. If the defendant was convicted by a plea of guilty, the trier of fact shall be a jury unless a jury is waived by the defendant and the people. If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be. If such new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in state prison for a term of life without the possibility of parole. (c) If the trier of fact which convicted the defendant of a crime for which he may be subject to the death penalty was a jury, the same jury shall consider any plea of not guilty by reason of insanity pursuant to Section 1026, the truth of any special circumstances which may be alleged, and the penalty to be applied, unless for good cause shown the court discharges that jury in which case a new jury shall be drawn. The court shall state facts in support of the finding of good cause upon the record and cause them to be entered into the minutes. (d) In any case in which the defendant may be subject to the death penalty, evidence presented at any prior phase of the trial, including any proceeding under a plea of not guilty by reason of insanity pursuant to Section 1026 shall be considered an any subsequent phase of the trial, if the trier of fact of the prior phase is the same trier of fact at the subsequent phase. (e) In every case in which the trier of fact has returned a verdict or finding imposing the death penalty, the defendant shall be deemed to have made an application for modification of such verdict or finding pursuant to Subdivision 7 of Section 11. In ruling on the application, the judge shall review the evidence, consider, take into account, and be guided by the aggravating and mitigating circumstances referred to in Section 190.3, and shall make a determination as to whether the jury’s findings and verdicts that the aggravating circumstances outweigh the mitigating circumstances are contrary to law or the evidence presented. The judge shall state on the record the reasons for his findings. The judge shall set forth the reasons for his ruling on the application and direct that they be entered on the Clerk’s minutes. The denial of the modification of the death penalty verdict pursuant to subdivision (7) of Section 1181 shall be reviewed on the defendant’s automatic appeal pursuant to subdivision (b) of Section 1239. The granting of the application shall be reviewed on the People’s appeal pursuant to paragraph (6). (Repealed and added November 7, 1978, by initiative Proposition 7, Sec. 10.)
  21. 190.41.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    For certain felony-based special circumstances, the corpus delicti does not have to be proved independently of the defendant’s extrajudicial statement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.41. Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of subdivision (a) of Section 190.2 need not be proved independently of a defendant’s extrajudicial statement. (Added June 5, 1990, by initiative Proposition 115, Sec. 11.)
  22. 190.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    The death penalty cannot be imposed on a person who was under 18 when the crime was committed. For certain first-degree murder cases with special circumstances, a defendant who was 16 or 17 at the time faces life without parole or, at the court’s discretion, 25 years to life.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.5. (a) Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the time of the commission of the crime. The burden of proof as to the age of such person shall be upon the defendant. (b) The penalty for a defendant found guilty of murder in the first degree, in any case in which one or more special circumstances enumerated in Section 190.2 or 190.25 has been found to be true under Section 190.4, who was 16 years of age or older and under the age of 18 years at the time of the commission of the crime, shall be confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25 years to life. (c) The trier of fact shall determine the existence of any special circumstance pursuant to the procedure set forth in Section 190.4. (Amended June 5, 1990, by initiative Proposition 115, Sec. 12.)
  23. 190.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section sets deadlines for capital-case appeals and related habeas review, and gives victims a right to prompt and final resolution.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.6. (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has been imposed on or after January 1, 1997, the opening appellate brief in the appeal to the State Supreme Court shall be filed no later than seven months after the certification of the record for completeness under subdivision (d) of Section 190.8 or receipt by the appellant’s counsel of the completed record, whichever is later, except for good cause. However, in those cases where the trial transcript exceeds 10,000 pages, the briefing shall be completed within the time limits and pursuant to the procedures set by the rules of court adopted by the Judicial Council. (c) In all cases in which a sentence of death has been imposed on or after January 1, 1997, it is the Legislature’s goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of the briefing. However, where the appeal and a petition for writ of habeas corpus is heard at the same time, the petition should be decided and an opinion reaching the merits should be filed within 210 days of the completion of the briefing for the petition. (d) The right of victims of crime to a prompt and final conclusion, as provided in paragraph (9) of subdivision (b) of Section 28 of Article I of the California Constitution, includes the right to have judgments of death carried out within a reasonable time. Within 18 months of the effective date of this initiative, the Judicial Council shall adopt initial rules and standards of administration designed to expedite the processing of capital appeals and state habeas corpus review. Within five years of the adoption of the initial rules or the entry of judgment, whichever is later, the state courts shall complete the state appeal and the initial state habeas corpus review in capital cases. The Judicial Council shall continuously monitor the timeliness of review of capital cases and shall amend the rules and standards as necessary to complete the state appeal and initial state habeas corpus proceedings within the five-year period provided in this subdivision. (e) The failure of the parties or of a court to comply with the time limit in subdivision (b) shall not affect the validity of the judgment or require dismissal of an appeal or habeas corpus petition. If a court fails to comply without extraordinary and compelling reasons justifying the delay, either party or any victim of the offense may seek relief by petition for writ of mandate. The court in which the petition is filed shall act on it within 60 days of filing. Paragraph (1) of subdivision (c) of Section 28 of Article I of the California Constitution, regarding standing to enforce victims’ rights, applies to this subdivision and subdivision (d). (Amended November 8, 2016, by initiative Proposition 66, Sec. 3.)
  24. 190.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section defines what counts as the “entire record” for Section 190.6 and allows the Judicial Council to make related rules for death-judgment appeals.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.7. (a) The “entire record” referred to in Section 190.6 includes, but is not limited to, the following: (1) The normal and additional record prescribed in the rules adopted by the Judicial Council pertaining to an appeal taken by the defendant from a judgment of conviction. (2) A copy of any other paper or record on file or lodged with the superior or municipal court and a transcript of any other oral proceeding reported in the superior or municipal court pertaining to the trial of the cause. (b) Notwithstanding this section, the Judicial Council may adopt rules, not inconsistent with the purpose of Section 190.6, specifically pertaining to the content, preparation and certification of the record on appeal when a judgment of death has been pronounced. (Amended by Stats. 1996, Ch. 1086, Sec. 2. Effective January 1, 1997.)
  25. 190.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    In death-sentence cases, the record on appeal must be certified in stages, with specific deadlines for transcript delivery, error review, completeness certification, and accuracy certification.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.8. (a) In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified in two stages, the first for completeness and the second for accuracy, as provided by this section. The trial court may use all reasonable means to ensure compliance with all applicable statutes and rules of court pertaining to record certification in capital appeals, including, but not limited to, the imposition of sanctions. (b) Within 30 days of the imposition of the death sentence, the clerk of the superior court shall provide to trial counsel copies of the clerk’s transcript and shall deliver the transcript as provided by the court reporter. Trial counsel shall promptly notify the court if he or she has not received the transcript within 30 days. (c) During the course of a trial in which the death penalty is being sought, trial counsel shall alert the court’s attention to any errors in the transcripts incidentally discovered by counsel while reviewing them in the ordinary course of trial preparation. The court shall periodically request that trial counsel provide a list of errors in the trial transcript during the course of trial and may hold hearings in connection therewith. Corrections to the record shall not be required to include immaterial typographical errors that cannot conceivably cause confusion. (d) The trial court shall certify the record for completeness and for incorporation of all corrections, as provided by subdivision (c), no later than 90 days after entry of the imposition of the death sentence unless good cause is shown. However, this time period may be extended for proceedings in which the trial transcript exceeds 10,000 pages in accordance with the timetable set forth in, or for good cause pursuant to the procedures set forth in, the rules of court adopted by the Judicial Council. (e) Following the imposition of the death sentence and prior to the deadline set forth in subdivision (d), the trial court shall hold one or more hearings for trial counsel to address the completeness of the record and any outstanding errors that have come to their attention and to certify that they have reviewed all docket sheets to ensure that the record contains transcripts for any proceedings, hearings, or discussions that are required to be reported and that have occurred in the course of the case in any court, as well as all documents required by this code and the rules adopted by the Judicial Council. (f) The clerk of the trial court shall deliver a copy of the record on appeal to appellate counsel when the clerk receives notice of counsel’s appointment or retention, or when the record is certified for completeness under subdivision (d), whichever is later. (g) The trial court shall certify the record for accuracy no later than 120 days after the record has been delivered to appellate counsel. However, this time may be extended pursuant to the timetable and procedures set forth in the rules of court adopted by the Judicial Council. The trial court may hold one or more status conferences for purposes of timely certification of the record for accuracy, as set forth in the rules of court adopted by the Judicial Council. (h) The Supreme Court shall identify in writing to the Judicial Council any case that has not met the time limit for certification of the record for completeness under subdivision (d) or for accuracy under subdivision (g), and shall identify those cases, and its reasons, for which it has granted an extension of time. The Judicial Council shall include this information in its annual report to the Legislature. (i) As used in this section, “trial counsel” means both the prosecution and the defense counsel in the trial in which the sentence of death has been imposed. (j) This section shall be implemented pursuant to rules of court adopted by the Judicial Council. (k) This section shall only apply to those proceedings in which a sentence of death has been imposed following a trial that was commenced on or after January 1, 1997. (Amended by Stats. 1996, Ch. 1086, Sec. 3. Effective January 1, 1997.)
  26. 190.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    In death penalty cases, the superior court proceedings must be on the record with a court reporter, and the reporter must prepare certified daily transcripts.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 190.9. (a) (1) In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including all conferences and proceedings, whether in open court, in conference in the courtroom, or in chambers, shall be conducted on the record with a court reporter present. The court reporter shall prepare and certify a daily transcript of all proceedings commencing with the preliminary hearing. Proceedings prior to the preliminary hearing shall be reported but need not be transcribed until the court receives notice as prescribed in paragraph (2). (2) Upon receiving notification from the prosecution that the death penalty is being sought, the clerk shall order the transcription and preparation of the record of all proceedings prior to and including the preliminary hearing in the manner prescribed by the Judicial Council in the rules of court. The record of all proceedings prior to and including the preliminary hearing shall be certified by the court no later than 120 days following notification unless the time is extended pursuant to rules of court adopted by the Judicial Council. Upon certification, the record of all proceedings is incorporated into the superior court record. (b) (1) The court shall assign a court reporter who uses computer-aided transcription equipment to report all proceedings under this section. (2) Failure to comply with the requirements of this section relating to the assignment of court reporters who use computer-aided transcription equipment is not a ground for reversal. (c) Any computer-readable transcript produced by court reporters pursuant to this section shall conform to the requirements of Section 271 of the Code of Civil Procedure. (Amended by Stats. 2002, Ch. 71, Sec. 6. Effective January 1, 2003.)
  27. 19000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Destructive Device Constituting Nuisance [19000- 19000.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Destructive devices in violation of this chapter are a public nuisance, and certain prosecutors may seek an injunction. Devices found in violation must be surrendered and destroyed, unless a judge or district attorney files a certificate preserving the device for the ends of justice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Destructive Device Constituting Nuisance [19000- 19000.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19000. (a) Possession of any destructive device in violation of this chapter is a public nuisance. (b) The Attorney General or district attorney of any city, county, or city and county may bring an action in the superior court to enjoin the possession of any destructive device. (c) Any destructive device found to be in violation of this chapter shall be surrendered to the Department of Justice, or to the sheriff or chief of police, if the sheriff or chief of police has elected to perform the services required by this section. The department, sheriff, or chief of police shall destroy the destructive device so as to render it unusable and unrepairable as a destructive device, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the destructive device is necessary to serve the ends of justice. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  28. 191.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    The section abolishes the old common-law petit treason rules for a servant killing a master or a wife killing a husband, and says those acts are treated as homicides punishable under this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 191. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this Chapter. (Enacted 1872.)
  29. 191.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section defines gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated, and sets prison or jail penalties for each.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 191.5. (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. (c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years. (2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years. (d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision. (e) Notwithstanding Section 1203.1 or 1203a, if a person is convicted of a violation of this section and is granted probation, the period of probation shall be not less than three nor more than five years. (f) This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290. (g) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. (h) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact. (Amended by Stats. 2025, Ch. 180, Sec. 1. (AB 1087) Effective January 1, 2026.)
  30. 19100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Explosive Substance Other Than Fixed Ammunition [19100 - 19190] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person in this state generally may not carry a concealed explosive substance other than fixed ammunition on their person, unless Chapter 1 of Division 2 provides an exception.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Explosive Substance Other Than Fixed Ammunition [19100 - 19190] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19100. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who carries concealed upon the person any explosive substance, other than fixed ammunition, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 84. (SB 1023) Effective June 27, 2012.)
  31. 19190.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Explosive Substance Other Than Fixed Ammunition [19100 - 19190] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Unlawful concealed carrying of an explosive substance other than fixed ammunition is treated as a nuisance and is subject to Sections 18000 and 18005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Explosive Substance Other Than Fixed Ammunition [19100 - 19190] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19190. The unlawful concealed carrying upon the person of any explosive substance other than fixed ammunition, as provided in Section 19100, is a nuisance and is subject to Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  32. 192.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section defines manslaughter and its kinds, including voluntary, involuntary, and vehicular manslaughter, and explains how gross negligence and gender are used in this section.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary—upon a sudden quarrel or heat of passion. (b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle. (c) Vehicular— (1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent prosecution of a defendant for the crime of murder. (d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner. (e) (1) “Gross negligence,” as used in this section, does not prohibit or preclude a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson (1981) 30 Cal.3d 290. (2) “Gross negligence,” as used in this section, may include, based on the totality of the circumstances, any of the following: (A) Participating in a sideshow pursuant to subparagraph (A) of subparagraph (2) of subdivision (i) of Section 23109 of the Vehicle Code. (B) Engaging in a motor vehicle speed contest pursuant to subdivision (a) of Section 23109 of the Vehicle Code. (C) Speeding over 100 miles per hour. (f) (1) For purposes of determining sudden quarrel or heat of passion pursuant to subdivision (a), the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation. (2) For purposes of this subdivision, “gender” includes a person’s gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person’s gender as determined at birth. (Amended by Stats. 2023, Ch. 311, Sec. 3. (SB 883) Effective January 1, 2024.)
  33. 192.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section defines vehicular manslaughter involving vessel operation and provides an extra five-year prison term for a person who flees the scene after certain violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 192.5. Vehicular manslaughter pursuant to subdivision (b) of Section 191.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice aforethought, and includes: (a) Operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of an unlawful act, not amounting to felony, and with gross negligence; or operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (b) Operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. (c) Operating a vessel in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (d) Operating a vessel in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. (e) A person who flees the scene of the crime after committing a violation of subdivision (a), (b), or (c), upon conviction, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision. (Amended by Stats. 2007, Ch. 747, Sec. 5. Effective January 1, 2008.)
  34. 19200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People in this state may not make, import, sell, give, lend, or possess metal military practice handgrenades or metal replica handgrenades, except as provided by the listed exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19200. (a) Except as provided in Section 19205 and Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any metal military practice handgrenade or metal replica handgrenade is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), a first offense involving any metal military practice handgrenade or metal replica handgrenade shall be punishable only as an infraction unless the offender is an active participant in a criminal street gang as defined in the Street Terrorism and Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1). (Amended by Stats. 2012, Ch. 43, Sec. 85. (SB 1023) Effective June 27, 2012.)
  35. 19205.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 19200 does not apply to certain inert or permanently altered toy, practice, or replica handgrenades.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19205. Section 19200 does not apply to any plastic toy handgrenade, or any metal military practice handgrenade or metal replica handgrenade that is a relic, curio, memorabilia, or display item, that is filled with a permanent inert substance, or that is otherwise permanently altered in a manner that prevents ready modification for use as a grenade. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  36. 19290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain metal military practice handgrenades and metal replica handgrenades are treated as a nuisance and are subject to Section 18010, except where Section 19205 and Chapter 1 of Division 2 apply.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Handgrenades [19200 - 19290] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19290. Except as provided in Section 19205 and in Chapter 1 (commencing with Section 17700) of Division 2, any metal military practice handgrenade or metal replica handgrenade is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  37. 193.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section sets prison or jail sentences for voluntary manslaughter, involuntary manslaughter, and specified vehicular manslaughter violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 193. (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years. (b) Involuntary manslaughter is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (c) Vehicular manslaughter is punishable as follows: (1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years. (2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year. (3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years. (Amended by Stats. 2011, Ch. 15, Sec. 282. (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.)
  38. 193.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Manslaughter committed during the operation of a vessel is punishable by imprisonment, with the sentence depending on which subdivision of Section 192.5 was violated.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 193.5. Manslaughter committed during the operation of a vessel is punishable as follows: (a) A violation of subdivision (a) of Section 192.5 is punishable by imprisonment in the state prison for 4, 6, or 10 years. (b) A violation of subdivision (b) of Section 192.5 is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years. (c) A violation of subdivision (c) of Section 192.5 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years. (d) A violation of subdivision (d) of Section 192.5 is punishable by imprisonment in the county jail for not more than one year. (Amended by Stats. 2011, Ch. 15, Sec. 283. (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.)
  39. 193.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person convicted under Section 191.5(b) must be designated an habitual traffic offender for three years if the conviction followed certain prior Vehicle Code convictions within seven years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 193.7. A person convicted of a violation of subdivision (b) of Section 191.5 that occurred within seven years of two or more separate violations of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code, or any combination thereof, that resulted in convictions, shall be designated as an habitual traffic offender subject to paragraph (3) of subdivision (e) of Section 14601.3 of the Vehicle Code, for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350 of the Vehicle Code. (Amended by Stats. 2007, Ch. 747, Sec. 6. Effective January 1, 2008.)
  40. 193.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    An adult who controls a vehicle must not let a minor drive it if the adult knew or should have known the minor was intoxicated and other listed conditions are met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 193.8. (a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist: (1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished. (2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5. (3) The minor does not otherwise have a lawful right to possession of the vehicle. (b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof. For purposes of this subdivision, hotel and motel shall have the same meaning as in subdivision (b) of Section 25503.16 of the Business and Professions Code and food facility shall have the same meaning as in Section 113785 of the Health and Safety Code. (c) If an adult is convicted of the offense described in subdivision (a), that person shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment. An adult convicted of the offense described in subdivision (a) shall not be subject to driver’s license suspension or revocation or attendance at a licensed alcohol or drug education and counseling program for persons who drive under the influence. (Amended by Stats. 2007, Ch. 747, Sec. 7. Effective January 1, 2008.)
  41. 194.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    For murder or manslaughter, death does not have to occur within three years and a day of the harmful act, but if it happens later there is a rebuttable presumption that the killing was not criminal.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 194. To make the killing either murder or manslaughter, it is not requisite that the party die within three years and a day after the stroke received or the cause of death administered. If death occurs beyond the time of three years and a day, there shall be a rebuttable presumption that the killing was not criminal. The prosecution shall bear the burden of overcoming this presumption. In the computation of time, the whole of the day on which the act was done shall be reckoned the first. (Amended by Stats. 1996, Ch. 580, Sec. 1. Effective January 1, 1997.)
  42. 19400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. LESS LETHAL WEAPONS [19400 - 19405] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Peace officers and custodial officers may buy, possess, or transport less lethal weapons or ammunition for official use if their employing agency authorizes it and sets the terms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. LESS LETHAL WEAPONS [19400 - 19405] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19400. A person who is a peace officer or a custodial officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, may, if authorized by and under the terms and conditions as are specified by the person’s employing agency, purchase, possess, or transport any less lethal weapon or ammunition for any less lethal weapon, for official use in the discharge of the person’s duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  43. 19405.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. LESS LETHAL WEAPONS [19400 - 19405] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person must not sell a less lethal weapon to someone under 18.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. LESS LETHAL WEAPONS [19400 - 19405] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19405. Any person who sells a less lethal weapon to a person under the age of 18 years is guilty of a misdemeanor, punishable by imprisonment in the county jail for up to six months or by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  44. 195.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Homicide is excusable in two listed situations, including certain accidents and some sudden passion or combat cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 195. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent. 2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner. (Amended by Stats. 1984, Ch. 438, Sec. 1.)
  45. 196.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Homicide is justifiable for peace officers and people acting under their command in aid and assistance when it is done under a competent court’s judgment or when it results from force used by a peace officer in compliance with Section 835a.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 196. Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance, under either of the following circumstances: (a) In obedience to any judgment of a competent court. (b) When the homicide results from a peace officer’s use of force that is in compliance with Section 835a. (Amended by Stats. 2019, Ch. 170, Sec. 1. (AB 392) Effective January 1, 2020.)
  46. 197.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Homicide may be justifiable when done in specified defensive or law-enforcement situations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 197. Homicide is also justifiable when committed by any person in any of the following cases: (1) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person. (2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein. (3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he or she was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed. (4) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. (Amended by Stats. 2016, Ch. 50, Sec. 67. (SB 1005) Effective January 1, 2017.)
  47. 198.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Bare fear alone is not enough to justify homicide; the circumstances must be enough to cause a reasonable person to fear, and the killer must have acted only under that fear.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 198. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone. (Amended by Stats. 1987, Ch. 828, Sec. 8.)
  48. 198.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person using deadly or serious force in their residence may be presumed to have reasonably feared imminent death or great bodily injury if an intruder unlawfully and forcibly entered and the person knew or had reason to know of the entry.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury. (Added by Stats. 1984, Ch. 1666, Sec. 1.)
  49. 199.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

    Verify source ↗

    If the homicide appears justifiable or excusable, the indicted person must be fully acquitted and discharged at trial.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 199. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged. (Enacted 1872.)
  50. 19910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. BB DEVICES [19910 - 19915] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Selling a BB device to a minor is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. BB DEVICES [19910 - 19915] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19910. Every person who sells any BB device to a minor is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  51. 19915.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. BB DEVICES [19910 - 19915] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not furnish a BB device to a minor unless a parent or legal guardian has given express or implied permission.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. BB DEVICES [19910 - 19915] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 19915. (a) Every person who furnishes any BB device to any minor, without the express or implied permission of a parent or legal guardian of the minor, is guilty of a misdemeanor. (b) As used in this section, “furnishes” means either of the following: (1) A loan. (2) A transfer that does not involve a sale. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  52. 2000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. )

    Verify source ↗

    This section establishes and continues a state prison called the California Institution for Men.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. ) ## 2000. There is and shall continue to be a State prison to be known as the California Institution for Men. (Amended by Stats. 1941, Ch. 1192.)
  53. 2001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. )

    Verify source ↗

    The California Institution for Men is located in Chino, San Bernardino County, California.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. ) ## 2001. The California Institution for Men shall be located at Chino, San Bernardino County, California. (Amended by Stats. 1941, Ch. 1192.)
  54. 20010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. BLOWGUNS [20010 - 20015] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Knowingly making, selling, offering for sale, possessing, or using a blowgun or blowgun ammunition in this state is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. BLOWGUNS [20010 - 20015] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20010. Any person who knowingly manufactures, sells, offers for sale, possesses, or uses a blowgun or blowgun ammunition in this state is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  55. 20015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. BLOWGUNS [20010 - 20015] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain animal-related professionals and officers from the blowgun ban when they are using blowguns or blowgun ammunition in their business to administer medicine to animals.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. BLOWGUNS [20010 - 20015] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20015. Nothing in this division shall prohibit the sale to, purchase by, possession of, or use of any blowgun or blowgun ammunition by zookeepers, animal control officers, Department of Fish and Game personnel, humane officers whose names are maintained in the county record of humane officers pursuant to Section 14502 of the Corporations Code, or veterinarians in the course and scope of their business in order to administer medicine to animals. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  56. 2002.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. )

    Verify source ↗

    The California Institution for Men is to be used primarily to imprison male offenders who the department believes can be morally rehabilitated and restored to good citizenship.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. California Institution for Men [2000 - 2002] ( Heading of Article 1 amended by Stats. 1941, Ch. 1192. ) ## 2002. The primary purpose of the California Institution for Men shall be for the imprisonment of male offenders who, in the opinion of the department, seem capable of moral rehabilitation and restoration to good citizenship. (Added by renumbering Section 2008 by Stats. 1957, Ch. 2256.)
  57. 20110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. BOOBYTRAP [20110- 20110.] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person must not assemble, maintain, place, or cause the placement of a boobytrap device, except as provided in the referenced chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. BOOBYTRAP [20110- 20110.] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20110. (a) Except as provided in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, any person who assembles, maintains, places, or causes to be placed a boobytrap device is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. (b) Possession of any device with the intent to use the device as a boobytrap is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2012, Ch. 43, Sec. 86. (SB 1023) Effective June 27, 2012.)
  58. 20150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not change required markings or coloration on an imitation firearm, or certain related devices, in a way that makes it look more like a real firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20150. (a) Any person who changes, alters, removes, or obliterates any coloration or markings that are required by any applicable state or federal law or regulation, for any imitation firearm, or any device described in subdivision (b) of Section 16700, in a way that makes the imitation firearm or device look more like a firearm, is guilty of a misdemeanor. (b) This section does not apply to a manufacturer, importer, or distributor of imitation firearms. (c) This section does not apply to lawful use in theatrical productions, including motion pictures, television, and stage productions. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  59. 20155.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Manufacturers, importers, or distributors of toy, look-alike, or imitation firearms must comply with applicable federal marking laws or regulations, or they commit a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20155. Any manufacturer, importer, or distributor of toy, look-alike, or imitation firearms that fails to comply with any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, is guilty of a misdemeanor. The definition of “imitation firearm” specified in Section 16700 does not apply to this section. (Amended by Stats. 2018, Ch. 185, Sec. 4. (AB 2176) Effective January 1, 2019.)
  60. 20160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Imitation firearms made after July 1, 2005 must be sold with a conspicuous written advisory in the packaging, and noncompliant manufacturers, importers, or distributors can be fined.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20160. (a) Any imitation firearm manufactured after July 1, 2005, shall, at the time of offer for sale in this state, be accompanied by a conspicuous advisory in writing as part of the packaging, but not necessarily affixed to the imitation firearm, to the effect that the product may be mistaken for a firearm by law enforcement officers or others, that altering the coloration or markings required by state or federal law or regulations so as to make the product look more like a firearm is dangerous, and may be a crime, and that brandishing or displaying the product in public may cause confusion and may be a crime. (b) Any manufacturer, importer, or distributor that fails to comply with this advisory for any imitation firearm manufactured after July 1, 2005, shall be liable for a civil fine for each action brought by a city attorney or district attorney of not more than one thousand dollars ($1,000) for the first action, five thousand dollars ($5,000) for the second action, and ten thousand dollars ($10,000) for the third action and each subsequent action. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  61. 20165.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not commercially deal in imitation firearms unless the activity fits one of the listed authorized purposes.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20165. (a) Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives, by mail order or in any other manner, an imitation firearm, except as authorized by this section, is liable for a civil fine in an action brought by the city attorney or the district attorney of not more than ten thousand dollars ($10,000) for each violation. (b) The manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of an imitation firearm is authorized if the device is manufactured, purchased, sold, shipped, transported, distributed, or received for any of the following purposes: (1) Solely for export in interstate or foreign commerce. (2) Solely for lawful use in theatrical productions, including motion picture, television, and stage productions. (3) For use in a certified or regulated sporting event or competition. (4) For use in military or civil defense activities, or ceremonial activities. (5) For public displays authorized by public or private schools. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  62. 20170.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    No person may openly display or expose an imitation firearm in a public place.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20170. (a) No person may openly display or expose any imitation firearm in a public place. (b) As used in this section, “public place” means an area open to the public and includes any of the following: (1) A street. (2) A sidewalk. (3) A bridge. (4) An alley. (5) A plaza. (6) A park. (7) A driveway. (8) A front yard. (9) A parking lot. (10) An automobile, whether moving or not. (11) A building open to the general public, including one that serves food or drink, or provides entertainment. (12) A doorway or entrance to a building or dwelling. (13) A public school. (14) A public or private college or university. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  63. 20175.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 20170 does not apply to imitation firearms in listed situations, including certain displays, performances, permitted events, lawful hunting, shooting ranges, and specific coloring or transparent construction.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20175. Section 20170 does not apply in any of the following circumstances: (a) The imitation firearm is packaged or concealed so that it is not subject to public viewing. (b) The imitation firearm is displayed or exposed in the course of commerce, including a commercial film or video production, or for service, repair, or restoration of the imitation firearm. (c) The imitation firearm is used in a theatrical production, a motion picture, video, television, or stage production. (d) The imitation firearm is used in conjunction with a certified or regulated sporting event or competition. (e) The imitation firearm is used in conjunction with lawful hunting, or a lawful pest control activity. (f) The imitation firearm is used or possessed at a certified or regulated public or private shooting range. (g) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government. (h) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial. (i) The imitation firearm is used for a public display authorized by a public or private school or a display that is part of a museum collection. (j) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government. (k) The imitation firearm is displayed on a wall plaque or in a presentation case. (l) The imitation firearm is used in an area where the discharge of a firearm is lawful. (m) The entire exterior surface of the imitation firearm is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or the entire device is constructed of transparent or translucent material that permits unmistakable observation of the device’s complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  64. 20180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Violating Section 20170 is generally an infraction with fines of $100 for a first offense and $300 for a second offense; a third or later violation is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. IMITATION FIREARMS [20150 - 20180] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20180. (a) Except as provided in subdivision (b), violation of Section 20170 is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense. (b) A third or subsequent violation of Section 20170 is punishable as a misdemeanor. (c) Nothing in Section 20170, 20175, or this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  65. 2020.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. )

    Verify source ↗

    This section says there is to be a state prison called the San Quentin Rehabilitation Center, and references to the California State Prison at San Quentin mean that same facility.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. ) ## 2020. There is and shall continue to be a state prison known as the San Quentin Rehabilitation Center. Any reference to the California State Prison at San Quentin shall be a reference to the San Quentin Rehabilitation Center. (Amended by Stats. 2023, Ch. 47, Sec. 15. (AB 134) Effective July 10, 2023.)
  66. 20200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [20200- 20200.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A knife carried in an openly worn sheath suspended from the wearer’s waist is not treated as concealed for the listed sections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [20200- 20200.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20200. A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140, 16340, 17350, or 21310. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  67. 2021.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. )

    Verify source ↗

    The San Quentin Rehabilitation Center must be located at San Quentin in Marin County.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. ) ## 2021. The San Quentin Rehabilitation Center shall be located at San Quentin in the County of Marin. (Amended by Stats. 2023, Ch. 47, Sec. 16. (AB 134) Effective July 10, 2023.)
  68. 2022.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. )

    Verify source ↗

    The San Quentin Rehabilitation Center’s primary purpose is to provide humane confinement, rehabilitation, education, restorative justice, training, treatment, and care for people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. San Quentin Rehabilitation Center [2020 - 2022] ( Heading of Article 2 amended by Stats. 2023, Ch. 47, Sec. 14. ) ## 2022. The primary purpose of the San Quentin Rehabilitation Center shall be to provide humane confinement, rehabilitation and education programming, restorative justice, industrial and other training, treatment, and care to persons confined therein. (Amended by Stats. 2023, Ch. 47, Sec. 17. (AB 134) Effective July 10, 2023.)
  69. 203.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A person who unlawfully and maliciously causes specified bodily mutilation or disfigurement commits mayhem.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. ) ## 203. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem. (Amended by Stats. 1989, Ch. 1360, Sec. 106.)
  70. 2030.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A state prison called the California State Prison at Folsom is to continue to exist.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 2030. There is and shall continue to be a State prison to be known as the California State Prison at Folsom. (Added by Stats. 1941, Ch. 106.)
  71. 2031.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The California State Prison at Folsom must be located in Folsom, Sacramento County, California.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 2031. The California State Prison at Folsom shall be located at Folsom, in Sacramento County, California. (Added by Stats. 1941, Ch. 106.)
  72. 20310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Air Gauge Knife [20310 - 20390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person in this state generally may not make, import, sell, give, lend, or possess an air gauge knife, except as provided in another chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Air Gauge Knife [20310 - 20390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any air gauge knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 87. (SB 1023) Effective June 27, 2012.)
  73. 2032.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The primary purpose of California State Prison at Folsom is to confine prisoners and provide industrial and other training, treatment, and care.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. California State Prison at Folsom [2030 - 2032] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 2032. The primary purpose of the California State Prison at Folsom shall be to provide confinement, industrial and other training, treatment, and care to persons confined therein. (Amended by Stats. 1965, Ch. 343.)
  74. 20390.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Air Gauge Knife [20310 - 20390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    An air gauge knife is treated as a nuisance and is subject to Section 18010, except where Chapter 1 of Division 2 of Title 2 applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Air Gauge Knife [20310 - 20390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20390. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any air gauge knife is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  75. 204.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Mayhem is punishable by imprisonment in state prison for 2, 4, or 8 years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. ) ## 204. Mayhem is punishable by imprisonment in the state prison for two, four, or eight years. (Amended by Stats. 1986, Ch. 1424, Sec. 1.)
  76. 20410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Belt Buckle Knife [20410 - 20490] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person in this state generally may not manufacture, import, sell, give, lend, or possess a belt buckle knife, except as provided in the referenced chapter; violation is punishable by jail imprisonment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Belt Buckle Knife [20410 - 20490] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any belt buckle knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 88. (SB 1023) Effective June 27, 2012.)
  77. 2045.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. )

    Verify source ↗

    The Director of Corrections may establish a state prison for males, but only with the approval of the Board of Corrections.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. ) ## 2045. The Director of Corrections with the approval of the Board of Corrections, is authorized to establish a State prison for the confinement of males under the custody of the Director of Corrections. (Added by Stats. 1945, Ch. 75.)
  78. 2045.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. )

    Verify source ↗

    The prison established under Section 2045 must be a medium-security institution and its primary purpose is custody, care, and training for confined persons.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. ) ## 2045.1. The prison authorized to be established by Section 2045 shall be a medium security type institution. Its primary purpose shall be to provide custody, care, industrial, vocational, and other training to persons confined therein. However, the Director of Corrections may designate a portion or all of the prison to serve the same purposes and to have the same security standards as the institution provided for by Article 4 (commencing at Section 2035) of Chapter 1 of Title 1 of Part 3. (Amended by Stats. 1987, Ch. 828, Sec. 110.)
  79. 2045.10.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5.5. California Correctional Institution in Monterey County [2045.10 - 2045.11] ( Article 5.5 added by Stats. 1992, Ch. 695, Sec. 11. )

    Verify source ↗

    The Director of Corrections may construct and establish a state prison for males under the Director’s custody.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5.5. California Correctional Institution in Monterey County [2045.10 - 2045.11] ( Article 5.5 added by Stats. 1992, Ch. 695, Sec. 11. ) ## 2045.10. The Director of Corrections is authorized to construct and establish a state prison for the confinement of males under the custody of the Director of Corrections. (Added by Stats. 1992, Ch. 695, Sec. 11. Effective September 15, 1992.)
  80. 2045.11.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5.5. California Correctional Institution in Monterey County [2045.10 - 2045.11] ( Article 5.5 added by Stats. 1992, Ch. 695, Sec. 11. )

    Verify source ↗

    The authorized facility must be a 2,000-bed prison complex in Monterey County, and certain Public Resources Code alternatives-review provisions do not apply to the project.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5.5. California Correctional Institution in Monterey County [2045.10 - 2045.11] ( Article 5.5 added by Stats. 1992, Ch. 695, Sec. 11. ) ## 2045.11. The facility authorized by Section 2045.10 shall be a combination 1,000-bed Level III and 1,000-bed Level IV prison together with a 200-bed Level I support services facility on the existing grounds of the Correctional Training Facility in Monterey County. The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code that require consideration of alternatives for a proposed project shall not apply to the project authorized by Section 2045.10. (Added by Stats. 1992, Ch. 695, Sec. 11. Effective September 15, 1992.)
  81. 2045.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. )

    Verify source ↗

    The Governor must appoint a warden for the California Training Facility after recommendation by the Director of Corrections. The Director of Corrections must appoint needed officers and employees, subject to civil service, and may remove a warden at any time.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. ) ## 2045.4. The Governor, upon recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the California Training Facility. The director shall appoint, subject to civil service, those other officers and employees as may be necessary. The Director of Corrections may remove a warden at his or her own discretion at any time. (Amended by Stats. 1992, Ch. 1279, Sec. 3. Effective January 1, 1993.)
  82. 2045.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. )

    Verify source ↗

    The Director of Corrections must construct and equip suitable buildings, structures, and facilities for the institution, in accordance with law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. ) ## 2045.5. The Director of Corrections shall construct and equip in accordance with law, suitable buildings, structures and facilities for said institution. (Added by Stats. 1945, Ch. 75.)
  83. 2045.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. )

    Verify source ↗

    Part 3 provisions starting at Section 2000 apply to the institution and to people confined there, but only as far as those provisions are applicable.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 5. Correctional Training Facility [2045 - 2045.6] ( Heading of Article 5 amended by Stats. 1959, Ch. 936. ) ## 2045.6. The provisions of Part 3 (commencing with Section 2000) apply to the institution and to the persons confined therein insofar as those provisions may be applicable. (Amended by Stats. 1987, Ch. 828, Sec. 111.)
  84. 2046.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    The Director of Corrections may establish a state prison for males under the Director’s custody.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046. The Director of Corrections is authorized to establish a state prison for the confinement of males under the custody of the Director of Corrections. It shall be a medium security institution and shall be known as the California Men’s Colony. (Amended by Stats. 1969, Ch. 421.)
  85. 2046.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    The prison must be a medium security institution and its purpose is to provide custody, care, and training to people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046.1. The prison authorized to be established by Section 2046 shall be a medium security type institution. Its primary purpose shall be to provide custody, care, industrial, vocational, and other training to persons confined therein. (Amended by Stats. 1987, Ch. 828, Sec. 112.)
  86. 2046.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    A person in the custody of the Director of Corrections may be transferred to the prison if allowed by law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046.2. Any person under the custody of the Director of Corrections may be transferred to the said prison in accordance with law. (Added by Stats. 1949, Ch. 892.)
  87. 2046.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    The Director of Corrections must appoint necessary prison officials and employees, subject to civil service, and set their compensation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046.4. A warden for the said prison shall be appointed pursuant to Section 6050, and the Director of Corrections shall apoint, subject to civil service, such other officials and employees as may be necessary therefor, and shall fix their compensation. (Added by Stats. 1949, Ch. 892.)
  88. 2046.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    The Director of Corrections must construct and equip suitable buildings, structures, and facilities for the prison, as required by law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046.5. The Director of Corrections shall construct and equip in accordance with law, suitable buildings, structures, and facilities for the said prison. (Added by Stats. 1949, Ch. 892.)
  89. 2046.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. )

    Verify source ↗

    This section says the provisions of this part apply to the prison and to the people confined there, to the extent those provisions are applicable.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. California Men’s Colony [2046 - 2046.6] ( Heading of Article 6 amended by Stats. 1969, Ch. 421. ) ## 2046.6. The provisions of this part shall apply to the prison and to the persons confined therein insofar as those provisions may be applicable. (Amended by Stats. 1988, Ch. 160, Sec. 135.)
  90. 2048.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    The Director of Corrections may establish a state prison for males under the Director’s custody, to be called the California Correctional Institution at Tehachapi.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048. The Director of Corrections is authorized to establish a state prison for the confinement of males under the custody of the Director of Corrections, to be known as the California Correctional Institution at Tehachapi. The California Correctional Institution at Tehachapi shall be situated on such state land as is, as of the effective date of this article, the site of the Tehachapi Branch, California Institution for Men. (Added by Stats. 1959, Ch. 1451.)
  91. 2048.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    The prison established under Section 2048 is meant to provide custody, care, and industrial, vocational, and other training to people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048.1. The primary purpose of the prison authorized to be established by Section 2048 shall be to provide custody and care, and industrial, vocational, and other training to persons confined therein. (Added by Stats. 1959, Ch. 1451.)
  92. 2048.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    A person in the custody of the Director of Corrections may be transferred to the California Correctional Institution at Tehachapi according to law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048.2. Any person under the custody of the Director of Corrections may be transferred to the California Correctional Institution at Tehachapi in accordance with law. (Added by Stats. 1959, Ch. 1451.)
  93. 2048.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    The Director of Corrections must appoint the warden and necessary staff for the California Correctional Institution at Tehachapi, and may remove the warden at any time at the Director’s discretion.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048.4. The warden for the California Correctional Institution at Tehachapi shall be appointed pursuant to Section 6050, and the Director of Corrections shall appoint, subject to civil service, those other officers and employees as may be necessary. The Director of Corrections may remove a warden at his or her own discretion at any time. (Amended by Stats. 1992, Ch. 1279, Sec. 4. Effective January 1, 1993.)
  94. 2048.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    The Director of Corrections must construct and equip suitable buildings, structures, and facilities for the California Correctional Institution at Tehachapi.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048.5. The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the California Correctional Institution at Tehachapi. (Added by Stats. 1959, Ch. 1451.)
  95. 2048.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. )

    Verify source ↗

    Part 3 applies to the California Correctional Institution at Tehachapi and the persons confined there, but only insofar as those provisions are applicable.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of State Prisons [2000 - 2048.6] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## ARTICLE 7. California Correctional Institution at Tehachapi [2048 - 2048.6] ( Article 7 added by Stats. 1959, Ch. 1451. ) ## 2048.6. The provisions of Part 3 (commencing with Section 2000) apply to the California Correctional Institution at Tehachapi and to the persons confined therein insofar as those provisions may be applicable. (Amended by Stats. 1987, Ch. 828, Sec. 114.)
  96. 20490.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Belt Buckle Knife [20410 - 20490] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for a stated chapter exception, a belt buckle knife is treated as a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Belt Buckle Knife [20410 - 20490] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20490. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any belt buckle knife is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  97. 205.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. )

    Verify source ↗
    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. ) ## 205. A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole. (Added by Stats. 1987, Ch. 785, Sec. 1.)
  98. 2051.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The department may contract for prison supplies, but it must use a public letting and award contracts to the lowest eligible bidder under the stated conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2051. The department is hereby authorized to contract for provisions, clothing, medicines, forage, fuel, and all other staple supplies needed for the support of the prisons for any period of time, not exceeding one year, and such contracts shall be limited to bona fide dealers in the several classes of articles contracted for. Contracts for such articles as the department may desire to contract for, shall be given to the lowest bidder at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual value and prices. Each bid shall be accompanied by such security as the department may require, conditional upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a penal bond with good and sufficient sureties in such sum as the department may require, and to its satisfaction that he will faithfully perform his contract. If the proper officer of the prison reject any article, as not complying with the contract, or if a bidder fail to furnish the articles awarded to him when required, the proper officer of the prison may buy other articles of the kind rejected or called for, in the open market, and deduct the price thereof, over the contract price, from the amount due to the bidder, or charge the same up against him. Notice of the time, place, and conditions of the letting of contracts shall be given for at least two consecutive weeks in two newspapers printed and published in the City and County of San Francisco, and in one newspaper printed and published in the County of Sacramento, and in the county where the prison to be supplied is situated. If all the bids made at such letting are deemed unreasonably high, the department may, in its discretion, decline to contract and may again advertise for such time and in such papers as it sees proper for proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the meantime the department may contract with anyone whose offer is regarded as just and equitable, or may purchase in the open market. No bids shall be accepted, nor a contract entered into in pursuance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality considered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the department may select the one which, all things considered, may by it be thought best for the interest of the State, or it may divide the contract between the bidders as in its judgment may seem proper and right. The department shall have power to let a contract in the aggregate or they may segregate the items, and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The department shall have the power to reject the bid of any person who had a prior contract and who had not, in the opinion of the department, faithfully complied therewith. (Amended by Stats. 1957, Ch. 2256.)
  99. 20510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Cane Sword [20510 - 20590] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the referenced chapter 1 exception, a person in California may not make, import, sell, give, lend, or possess a cane sword; doing so is punishable by jail or imprisonment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Cane Sword [20510 - 20590] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20510. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane sword is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 89. (SB 1023) Effective June 27, 2012.)
  100. 2052.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The department may contract for prison utilities and may also make, supply, build, alter, improve, and pay for related facilities and works under the stated conditions. The California Correctional Training and Rehabilitation Authority has the same powers for facilities under its jurisdiction.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2052. (a) The department shall have power to contract for the supply of electricity, gas and water for the prisons, upon terms the department deems in the best interests of the state, or to manufacture gas or electricity, or furnish water itself, at its option. It shall also have power to erect and construct or cause to be erected and constructed, electrical apparatus or other illuminating works in its discretion with or without contracting therefor, on terms it deems just. The department shall have full power to erect any building or structure deemed necessary by it, or to alter or improve the same, and to pay for the same from the fund appropriated for the use or support of the prisons, or from the earnings thereof, without advertising or contracting therefor. (b) With respect to any facility under the jurisdiction of the California Correctional Training and Rehabilitation Authority, the California Correctional Training and Rehabilitation Authority shall have the same powers that are vested in the department pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 241, Sec. 30. (SB 857) Effective January 1, 2026.)
  101. 2053.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The Department of Corrections must determine each prisoner’s reading level when the prisoner is committed.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2053. (a) The Legislature finds and declares that there is a correlation between prisoners who are functionally literate and those who successfully reintegrate into society upon release. It is therefore the intent of the Legislature, in enacting “The Prisoner Literacy Act,” to raise the percentage of prisoners who are functionally literate, in order to provide for a corresponding reduction in the recidivism rate. (b) The Department of Corrections shall determine the reading level of each prisoner upon commitment. (Amended by Stats. 2004, Ch. 193, Sec. 144. Effective January 1, 2005.)
  102. 2053.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The correctional department must run prison literacy and education programs, prepare an implementation plan, seek funding, and make college programs available under specified conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2053.1. (a) The Secretary of the Department of Corrections and Rehabilitation shall implement in every state prison literacy programs that are designed to ensure that upon parole inmates are able to achieve the goals contained in this section. The department shall prepare an implementation plan for this program, and shall request the necessary funds to implement this program as follows: (1) The department shall offer academic programming throughout an inmate’s incarceration that shall focus on increasing the reading ability of an inmate to at least a 9th grade level. (2) For an inmate reading at a 9th grade level or higher, the department shall focus on helping the inmate obtain a general education development certificate, or its equivalent, or a high school diploma. (3) (A) (i) The department shall make college programs available at every state prison for the benefit of inmates who have obtained a general education development certificate or equivalent or a high school diploma. The college programs shall only be provided by the California Community Colleges, the California State University, the University of California, or other accredited public or nonprofit colleges or universities. (ii) For the purposes of this subparagraph, “accredited public or nonprofit colleges or universities” means higher education institutions that grant undergraduate degrees, graduate degrees, or both and that are either public or formed as nonprofit corporations in their state and that are accredited by an accreditation agency recognized by the United States Department of Education. (B) The department shall prioritize colleges and universities that: (i) Provide face-to-face, classroom-based instruction. (ii) Provide comprehensive in-person student supports, including counseling, advising, tutoring, and library services. (iii) Offer transferable degree-building pathways. (iv) Facilitate real-time student-to-student interaction and learning. (v) Coordinate with other colleges and universities serving students in the department so that inmate students who are transferred to another institution can continue building toward a degree or credential. (vi) Coordinate with the California Community Colleges Rising Scholars Network, the California State University Project Rebound Consortium, the University of California Underground Scholars Initiative, or other nonprofit postsecondary programs specifically serving formerly incarcerated students so that incarcerated students who are paroled receive support to continue building toward a degree or credential. (vii) Do not charge incarcerated students or their families for tuition, course materials, or other educational components. (viii) Waive or offer grant aid to cover tuition, course materials, or other educational components for incarcerated students. (C) Accredited postsecondary education providers shall be responsible for: (i) Determining and developing their curricula and degree pathways. (ii) Determining certificate pathways, in consultation with, and with the approval of, the department. (iii) Providing instructional staff and academic advising or counseling staff. (iv) Determining what specific services, including, but not limited to tutoring, academic counseling, library, and career advising, shall be offered to ensure incarcerated students can successfully complete their course of study. (D) An inmate who is enrolled, pursuant to this section, in a degree-granting college or university program equivalent to full-time postsecondary enrollment, as defined by state regulations for the respective degree, shall receive the same privileges as an inmate with a full-time work or training assignment. (E) Subparagraph (B) does not prevent an inmate from enrolling on their own, independent of the department, in a postsecondary education course that does not meet the criteria specified in that subparagraph. (4) While the department shall offer education to target populations, priority shall be given to those with a criminogenic need for education, those who have a need based on their educational achievement level, or other factors as determined by the department. (b) In complying with the requirements of this section, the department shall give strong consideration to the use of libraries and librarians, computer-assisted training, and other innovations that have proven to be effective in reducing illiteracy among disadvantaged adults. (Amended by Stats. 2025, Ch. 10, Sec. 6. (AB 134) Effective June 27, 2025.)
  103. 2053.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation must appoint a Superintendent of Correctional Education, and that superintendent must run prison education programs and set goals and priorities for them.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2053.4. The Secretary of the Department of Corrections and Rehabilitation shall appoint a Superintendent of Correctional Education, who shall oversee and administer all prison education programs. The Superintendent of Correctional Education shall set both short- and long-term goals for inmate literacy and testing and career technical education programs, and shall establish priorities for prison academic and career technical education programs. (Amended by Stats. 2013, Ch. 789, Sec. 2. (AB 1019) Effective January 1, 2014.)
  104. 2053.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    A career technical education program must consider listed workforce and employment factors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2053.5. Consistent with the goals and priorities of the department, a career technical education program shall consider all of the following factors: (a) Whether the program aligns with the workforce needs of high-demand sectors of the state and regional economies. (b) Whether there is an active job market for the skills being developed where the inmate will likely be released. (c) Whether the program increases the number of inmates who obtain a marketable and industry or apprenticeship board-recognized certification, credential, or degree. (d) Whether there are formal or informal networks in the field that support finding employment upon release from prison. (e) Whether the program will lead to employment in occupations with a livable wage. (Added by Stats. 2013, Ch. 789, Sec. 3. (AB 1019) Effective January 1, 2014.)
  105. 2054.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The Secretary may set up inmate classes, and school districts or private schools may agree to run them. Outside this section, school districts and private schools must not provide academic education to adult inmates in state institutions or facilities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2054. (a) The Secretary of the Department of Corrections and Rehabilitation may establish and maintain classes for inmates by utilizing personnel of the Department of Corrections and Rehabilitation, or by entering into an agreement with the governing board of a school district or private school or the governing boards of school districts under which the district shall maintain classes for such inmates. The governing board of a school district or private school may enter into such an agreement regardless of whether the institution or facility at which the classes are to be established and maintained is within or without the boundaries of the school district. (b) Any agreement entered into between the Secretary of the Department of Corrections and Rehabilitation and a school district or private school pursuant to this section may require the Department of Corrections and Rehabilitation to reimburse the school district or private school for the cost to the district or private school of maintaining such classes. “Cost” as used in this section includes contributions required of any school district to the State Teachers’ Retirement System, but such cost shall not include an amount in excess of the amount expended by the district for salaries of the teachers for such classes, increased by one-fifth. Salaries of such teachers for the purposes of this section shall not exceed the salaries as set by the governing board for teachers in other classes for adults maintained by the district, or private schools. (c) Attendance or average daily attendance in classes established pursuant to this section or in classes in trade and industrial education or vocational training for adult inmates of institutions or facilities under the jurisdiction of the Department of Corrections and Rehabilitation shall not be reported to the State Department of Education for apportionment and no apportionment from the State School Fund shall be made on account of average daily attendance in such classes. (d) No school district or private school shall provide for the academic education of adult inmates of state institutions or facilities under the jurisdiction of the Department of Corrections and Rehabilitation except in accordance with this section. (Amended by Stats. 2015, Ch. 798, Sec. 2. (SB 343) Effective January 1, 2016.)
  106. 2054.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must create and use an incentive system to increase inmate participation in and completion of academic and vocational education.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2054.2. The Department of Corrections and Rehabilitation shall determine and implement a system of incentives to increase inmate participation in, and completion of, academic and vocational education, consistent with the inmate’s educational needs as identified in the assessment performed pursuant to Section 3020, including, but not limited to, a literacy level specified in Section 2053.1, a high school diploma or equivalent, completion of a community college or four-year academic degree, or a particular vocational job skill. These incentives may be consistent with other incentives provided to inmates who participate in work programs. (Amended by Stats. 2015, Ch. 798, Sec. 4. (SB 343) Effective January 1, 2016.)
  107. 2055.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The Director of Corrections may decide to insure prison products, related materials, and production equipment against loss.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2055. The Director of Corrections may, in his discretion, from time to time insure any or all products produced at any prison or institution under the jurisdiction of the Director of Corrections, whether the products are finished or unfinished, the materials from which such products are made or to be made, and the equipment necessary for the production thereof, against any or all risks of loss, wherever such products, materials, or equipment are located, while in the possession of the Department of Corrections and while in transit thereto or therefrom or in storage, in such amounts as the director deems proper. The cost of such insurance shall be paid from the Correctional Industries Revolving Fund. (Amended by Stats. 1949, Ch. 887.)
  108. 2056.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    If prison shops or buildings used by convicts need rebuilding or repair, they may be repaired or rebuilt immediately under the direction of the California Correctional Training and Rehabilitation Authority.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2056. If any of the shops or buildings in which convicts are employed require rebuilding or repair for any reason, they may be rebuilt or repaired immediately, under the direction of the California Correctional Training and Rehabilitation Authority. (Amended by Stats. 2025, Ch. 241, Sec. 31. (SB 857) Effective January 1, 2026.)
  109. 2057.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    Counties may contract with the Department of Corrections and Rehabilitation to commit certain felony-convicted persons, and affected offenders must follow department rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2057. Counties are authorized to contract with the Department of Corrections and Rehabilitation for the commitment to the department, of persons who have suffered a felony conviction. An offender sentenced to a county jail that serves his or her sentence in the state prison pursuant to this section shall be required to comply with the rules and regulations of the department consistent with Division 3 of Title 15 of the California Code of Regulations. (Amended (as added by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 34. (AB 117) Effective June 30, 2011. Addition and amendment operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  110. 2059.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The department must set compensation for prison officers and employees (except wardens and clerks) at a gross rate that includes a cash allowance for board and lodging, keep cash compensation at least $110 per month, and deduct the value of board, lodging, services, or supplies provided to each worker, without letting the board-and-lodging deduction exceed the allowance.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2059. The department shall fix the compensation of its officers and employees, other than those of wardens and clerks, at a gross rate which shall include a cash allowance for board and lodging, but in no case shall the money compensation, exclusive of the cash allowance for board and lodging, be less than one hundred ten dollars ($110) per month. There shall be deducted from the gross salaries of the officers and employees of the prison the value of any board, lodging, services or supplies rendered or sold to each such officer or employee. The deduction for board and lodging shall not exceed the cash allowance therefor. (Amended by Stats. 1957, Ch. 2256.)
  111. 20590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Cane Sword [20510 - 20590] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for a stated cross-reference, any cane sword is treated as a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Cane Sword [20510 - 20590] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20590. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any cane sword is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  112. 206.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A person commits torture if they intentionally inflict great bodily injury on another person to cause cruel or extreme pain and suffering for revenge, extortion, persuasion, or any sadistic purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. ) ## 206. Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture. The crime of torture does not require any proof that the victim suffered pain. (Added June 5, 1990, by initiative Proposition 115, Sec. 13.)
  113. 206.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Torture is punishable by life imprisonment. A person imprisoned for torture is not eligible for parole until serving at least seven years, or at least ten years for certain offenses committed on or after January 1, 2026.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 2. Mayhem [203 - 206.1] ( Chapter 2 enacted 1872. ) ## 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life. (b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046. (2) For a crime of torture committed on or after January 1, 2026, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime, the defendant shall not be eligible for parole until they have served at least 10 years. (Amended by Stats. 2025, Ch. 631, Sec. 1. (AB 1094) Effective January 1, 2026.)
  114. 2060.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    Department officers and employees may receive actual and necessary travel expenses for approved state business travel.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2060. For the purposes of Sections 11009 and 11030 of the Government Code, the following constitute, among other proper purposes, state business for officers and employees of the department for which such officers and employees shall be allowed actual and necessary traveling expenses when the state travel and expense have been approved by the Governor and the Director of Finance as provided in that section. Attending meetings of any national association or organization, having as its principal purpose the study of matters relating to penology, including prison management and paroles, or to a particular field thereof, conferring with officers or employees of the United States relative to problems relating to penology, including prison management and paroles, in California, conferring with officers or employees of other states engaged in the performance of similar duties, and obtaining information useful to the department in the conduct of its work. (Amended by Stats. 1987, Ch. 828, Sec. 116.)
  115. 2061.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must develop and implement a plan to address management deficiencies by January 15, 2008. It may also contract with an outside expert to help identify and address those deficiencies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2061. (a) The Department of Corrections and Rehabilitation shall develop and implement, by January 15, 2008, a plan to address management deficiencies within the department. The plan should, at a minimum, address all of the following: (1) Filling vacancies in management positions within the department. (2) Improving lines of accountability within the department. (3) Standardizing processes to improve management. (4) Improving communication within headquarters, between headquarters, institutions and parole offices, and between institutions and parole offices. (5) Developing and implementing more comprehensive plans for management of the prison inmate and parole populations. (b) The department may contract with an outside entity that has expertise in management of complex public and law enforcement organizations to assist in identifying and addressing deficiencies. (Added by Stats. 2007, Ch. 7, Sec. 7. Effective May 3, 2007.)
  116. 20610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Lipstick Case Knife [20610 - 20690] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section prohibits any person in California from manufacturing, importing, selling, giving, lending, or possessing a lipstick case knife, except as provided in a referenced chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Lipstick Case Knife [20610 - 20690] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20610. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any lipstick case knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 90. (SB 1023) Effective June 27, 2012.)
  117. 2062.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must develop and implement a plan to obtain additional rehabilitation and treatment services for prison inmates and parolees.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2062. (a) The Department of Corrections and Rehabilitation shall develop and implement a plan to obtain additional rehabilitation and treatment services for prison inmates and parolees. The plan shall include, but is not limited to, all of the following: (1) Plans to fill vacant state staff positions that provide direct and indirect rehabilitation and treatment services to inmates and parolees. (2) Plans to fill vacant staff positions that provide custody and supervision services for inmates and parolees. (3) Plans to obtain from local governments and contractors services for parolees needing treatment while in the community and services that can be brought to inmates within prisons. (4) Plans to enter into agreements with community colleges to accelerate training and education of rehabilitation and treatment personnel, and modifications to the licensing and certification requirements of state licensing agencies that can accelerate the availability and hiring of rehabilitation and treatment personnel. (b) The department shall submit the plan and a schedule for implementation of its provisions to the Legislature by January 15, 2008. (Added by Stats. 2007, Ch. 7, Sec. 8. Effective May 3, 2007.)
  118. 2063.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must give the Joint Legislative Budget Committee annual operational and fiscal information by January 10, including a supplemental report, and should keep the reporting categories consistent when possible.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2063. (a) It is the intent of the Legislature that the Department of Corrections and Rehabilitation shall regularly provide operational and fiscal information to the Legislature to allow it to better assess the performance of the department in critical areas of operations, including to both evaluate the effectiveness of department programs and activities, as well as assess how efficiently the department is using state resources. (b) No later than January 10 of each year, the Department of Corrections and Rehabilitation shall provide to the Joint Legislative Budget Committee operational and fiscal information to be displayed in the Governor’s proposed budget. This information shall include data for the three most recently ended fiscal years, and shall include, but is not limited to, the following: (1) Per capita costs, average daily population, and offender to staff ratios for each of the following: (A) Adult inmates housed in state prisons. (B) Adult inmates housed in Community Correctional Facilities and out-of-state facilities. (C) Adult parolees supervised in the community. (D) Juvenile wards housed in state facilities. (E) Juvenile parolees supervised in the community. (2) Total expenditures and average daily population for each adult and juvenile institution. (3) Number of established positions and percent of those positions vacant on June 30 for each of the following classifications within the department: (A) Correctional officer. (B) Correctional sergeant. (C) Correctional lieutenant. (D) Parole agent. (E) Youth correctional counselor. (F) Youth correctional officer. (G) Physician. (H) Registered nurse. (I) Psychiatrist. (J) Psychologist. (K) Dentist. (L) Teacher. (M) Vocational instructor. (N) Licensed vocational nurse. (4) Average population of juvenile wards classified by board category. (5) Average population of adult inmates classified by security level. (6) Average population of adult parolees classified by supervision level. (7) Number of new admissions from courts, parole violators with new terms, and parole violators returned to custody. (8) Number of probable cause hearings, revocation hearings, and parole suitability hearings conducted. (9) For both adult and juvenile facilities, the number of budgeted slots, actual enrollment, and average daily attendance for institutional academic and vocational education and substance abuse programs. (10) Average population of mentally ill offenders classified by Correctional Clinical Case Management System or Enhanced Outpatient Program status, as well as information about mentally ill offenders in more acute levels of care. (c) No later than January 10 of each year, the Department of Corrections and Rehabilitation shall provide to the Joint Legislative Budget Committee a supplemental report containing operational and fiscal information in addition to data provided in subdivision (b). To the extent possible and relevant, the department shall seek to keep the categories of information provided the same each year so as to provide consistency. This report shall contain information for the three most recently ended fiscal years, and shall include, but is not limited to, data on the operational level and outcomes associated with the following categories: (1) Adult prison security operations, including use of disciplinary measures and special housing assignments such as placements in administrative segregation, Security Housing Units, and sensitive needs yards, identifying these placements by offender categories such as security level and mental health classification. (2) Adult prison education and treatment programs, including academic education, vocational training, prison industries, substance abuse treatment, and sex offender treatment. (3) Adult prison health care operations, including medical, mental, and dental health. (4) Adult parole operations, including number of discharges from parole supervision and provision of various treatment and sanction programs. (5) Board of Parole Hearings, including the total number of parole suitability hearings scheduled for inmates serving life sentences each year, the number of parole suitability hearings postponed each year and the reasons for postponement, and the backlog of parole suitability hearings. (5.1) Board of Parole Hearings, including the total number of adult parole revocation cases with probable cause hearings scheduled each year, the percent of parole revocation cases with probable cause hearings held within 10 business days, as well as the percent of adult parole revocation cases completed within 35 calendar days. (6) Juvenile institution security operations, including use of disciplinary measures and special housing assignments such as special management programs, as well as the impact of time that adds or cuts the length of confinement. (7) Juvenile institutional education and treatment programs, including academic education, vocational training, substance abuse treatment, and sex offender treatment. (8) Juvenile institutional health care operations, including medical, mental, and dental health. (9) Juvenile parole operations, including the number of juvenile parolees returned to state institutions and provision of various treatment and sanction programs. (9.1) Juvenile Parole Board, including juvenile parole revocation hearings. (d) To the extent any of the information in subdivision (b) or (c) falls under the purview of the federally appointed receiver over medical care services, the Department of Corrections and Rehabilitation shall, to the best of its ability, coordinate with the receiver in obtaining this information. (Added by Stats. 2007, Ch. 175, Sec. 7. Effective August 24, 2007.)
  119. 2064.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must give the Joint Legislative Budget Committee an annual report by January 10 each year and post the full report on its website.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2064. (a) It is the intent of the Legislature that the Department of Corrections and Rehabilitation shall regularly provide to the Legislature information on the outcomes of department operations and activities to allow the Legislature to better assess the performance of the department, including both to evaluate the effectiveness of department programs and activities, as well as to assess how efficiently the department is using state resources. (b) No later than January 10 each year, the Department of Corrections and Rehabilitation shall provide to the Joint Legislative Budget Committee an annual report on the outcomes of department operations and activities specified in the supplemental report of the annual Budget Act for the current fiscal year. At a minimum, for each performance measurement included in the supplemental report of the annual Budget Act for the current fiscal year, the department’s report shall include data for the three most recently ended fiscal years, as well as establish target performance goals for each performance measurement for the current fiscal year identified in the supplemental report of the annual Budget Act and in the department’s long-term strategic plan, if included in the strategic plan. If target performance goals stated in the prior department report have not been achieved, the annual department report for the current fiscal year shall include an explanation of why the target performance goals were not achieved. The supplemental report of the annual Budget Act may identify changes in the department’s reporting requirements; however, if no changes are identified in the supplemental report of the annual Budget Act, the reporting requirements shall be the same as those for the prior fiscal year. (c) The department shall also post the full annual report required by this section on its Internet Web site. (Added by Stats. 2010, Ch. 729, Sec. 3. (AB 1628) Effective October 19, 2010.)
  120. 2064.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must file an annual report to the Legislature about efforts to prevent and respond to inmate suicides and attempted suicides, and post the report on its website.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2064.1. (a) On or before October 1 of each year, the Department of Corrections and Rehabilitation shall submit to the Legislature a report on the department’s efforts to respond to and prevent suicides and attempted suicides among inmates. The information contained in the report shall include, but not be limited to, all of the following: (1) A description of progress toward meeting the department’s goals related to the completion of suicide risk evaluations in a sufficient manner. (2) A description of progress toward meeting the department’s goals related to the completion of 72 hour treatment plans in a sufficient manner. (3) A description of the department’s efforts to ensure that all required staff receive training related to suicide prevention and response. (4) A description of the department’s progress in implementing the recommendations made by the special master regarding inmate suicides and attempts, to include the results of any audits the department conducts, at the headquarters or regional level, as part of its planned audit process to measure the success of changes the department implements as a result of these recommendations. (5) A description of the department’s progress in identifying and implementing initiatives that are designed to reduce risk factors associated with suicide. (6) A description of the department’s efforts and progress to expand upon its process of notification pursuant to Section 5022, including expansion of those notifications in cases of suicide attempts when deemed appropriate by the department, and when inmates have consented to allow release of that information. (b) The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. (c) The report shall also be posted on the department’s Internet Web site in an easily accessible format. (Added by Stats. 2018, Ch. 782, Sec. 1. (SB 960) Effective January 1, 2019.)
  121. 2065.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    This section assigns the Department of Corrections and Rehabilitation and Health Care Services duties for inmates on medical parole, including reimbursement, Medi-Cal claiming, and coordination with providers.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2065. (a) The Department of Corrections and Rehabilitation shall complete all of the tasks associated with inmates granted medical parole pursuant to Section 3550 that are specified in this section. Subdivisions (c) and (d) shall apply only to the period of time that inmates are on medical parole. (b) The department shall seek to enter into memoranda of understanding with federal, state, or county entities necessary to facilitate prerelease agreements to help inmates initiate benefits claims. (c) This subdivision shall be implemented in a manner that is consistent with federal Medicaid law and regulations. The Director of Health Care Services shall seek any necessary federal approvals for the implementation of this subdivision. Claiming of federal Medicaid funds shall be implemented only to the extent that federal approval, if necessary, is obtained. If an inmate is granted medical parole and found to be eligible for Medi-Cal, all of the following shall apply: (1) Hospitals, nursing facilities, and other providers providing services to medical parolees shall invoice the department in accordance with contracted rates of reimbursement or, if no contract is in place, pursuant to Section 5023.5. (2) Upon receipt of an acceptable claim, the department shall reimburse hospitals, nursing facilities, and other providers for services provided to medical parolees in accordance with contracted rates of reimbursement or, if no contract is in place, pursuant to Section 5023.5. (3) The department shall submit a quarterly invoice to the State Department of Health Care Services for medical parolees who are eligible for Medi-Cal for federal claiming and reimbursement of allowable federal Medicaid funds. (4) The State Department of Health Care Services shall remit funds received for federal financial participation to the department. (5) The department and the State Department of Health Care Services shall work together to do all of the following: (A) Maximize federal financial participation for service costs, administrative costs, and targeted case management costs incurred pursuant to this section. (B) Determine whether medical parolees shall be exempt from mandatory enrollment in managed health care, including county organized health plans, and determine the proper prior authorization process for individuals who have been granted medical parole. (6) The department may submit retroactive Medi-Cal claims, in accordance with state and federal law and regulations to the State Department of Health Care Services for allowable certified public expenditures that have been reimbursed by the department. The department shall work with the Director of Health Care Services to ensure that any process established regarding the submission of retroactive claims shall be in compliance with state and federal law and regulations. (d) If an inmate is granted medical parole and found to be ineligible for Medi-Cal, all of the following shall apply: (1) The department shall consider the income and assets of a medical parolee to determine whether the individual has the ability to pay for the cost of his or her medical care. (2) If the individual is unable to pay the cost of their medical care, the department shall establish contracts with appropriate medical providers and pay costs that are allowable pursuant to Section 5023.5. (3) The department shall retain the responsibility to perform utilization review and cost management functions that it currently performs under existing contracts with health care facilities. (4) The department shall directly provide, or provide reimbursement for, services associated with conservatorship or public guardianship. (e) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of the Government Code, the department and the State Department of Health Care Services may implement this section by means of all-facility letters, all-county letters, or similar instructions, in addition to adopting regulations, as necessary. (f) Notwithstanding any other state law, and only to the extent that federal law allows and federal financial participation is available, for the limited purpose of implementing this section, the department or its designees are authorized to act on behalf of an inmate for purposes of applying for redetermination of Medi-Cal eligibility and sharing and maintaining records with the State Department of Health Care Services. (Amended by Stats. 2012, Ch. 41, Sec. 69. (SB 1021) Effective June 27, 2012.)
  122. 2066.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Veterans Affairs must supply trained and accredited employees to state prisons to help incarcerated veterans with benefits applications and receipt.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2066. (a) Pursuant to Section 715 of the Military and Veterans Code, the Department of Veterans Affairs shall provide one employee, trained and accredited by the Department of Veterans Affairs, for every five state prisons to assist incarcerated veterans in applying for and receiving any federal or other veterans’ benefits for which they or their families may be eligible. (b) The department shall give a Department of Veterans Affairs’ employee described in subdivision (a) access to the hardware, software, and those computer networks as are reasonably necessary to perform his or her duties while at the prison, while taking all necessary safety precautions. (c) The department shall cooperate and collaborate with the Department of Veterans Affairs to ensure that a Department of Veterans Affairs’ employee described in subdivision (a) has the greatest access and effectiveness practicable, while taking all necessary safety precautions, in order to assist veterans incarcerated within the state prisons. (Added by Stats. 2017, Ch. 599, Sec. 2. (SB 776) Effective January 1, 2018.)
  123. 2067.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

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    The Department of Corrections and Rehabilitation must reduce certain private and state correctional facility capacity as the offender population declines, while keeping enough flexibility to meet the federal prison-population cap.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities. (b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to: (1) The cost to operate at the capacity. (2) Workforce impacts. (3) Subpopulation and gender-specific housing needs. (4) Long-term investment in state-owned and operated correctional facilities, including previous investments. (5) Public safety and rehabilitation. (6) The durability of the state’s solution to prison overcrowding. (c) The following shall apply: (1) Subdivision (b) shall not be enforceable by a private right of action. (2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure. (3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b). (d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento. (Amended by Stats. 2022, Ch. 58, Sec. 16. (AB 200) Effective June 30, 2022.)
  124. 2068.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. )

    Verify source ↗

    The department must collect voluntary race or ethnic origin self-identification information, publish monthly demographic data based on it, and make the data publicly available starting January 1, 2025, with personally identifying information kept confidential.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Miscellaneous Powers and Duties of Department and Director of Corrections [2051 - 2068] ( Heading of Article 1 amended by Stats. 1957, Ch. 2256. ) ## 2068. (a) The department shall collect voluntary self-identification information pertaining to race or ethnic origin of people admitted, in custody, and released and paroled, which shall include, but not be limited to, American Indian/Alaskan Native, Bangladeshi, Black, Cambodian, Chinese, Colombian, Cuban, Fijian, Filipino, Guamanian or Chamorro, Guatemalan, Native Hawaiian, Other Hispanic Not Listed, Hmong, Indian, Indonesian, Jamaican, Japanese, Korean, Laotian, Malaysian, Mexican, Nicaraguan, Other, Other Asian Not Listed, Other Pacific Islander Not Listed, Pakistani, Puerto Rican, Salvadorian, Samoan, Sri Lankan, Taiwanese, Thai, Tongan, Unknown, Vietnamese, and White. Based on that voluntary self-identification information, the department shall prepare and publish monthly demographic data pertaining to the race or ethnic origin of people admitted, in custody, and released and paroled, disaggregated by the same race and ethnicity categories used by the department for the purpose of voluntary self-identification information. (b) Starting January 1, 2025, the data, except for personally identifying information, which shall be deemed confidential, shall be publicly available on the department’s internet website via the Offender Data Points dashboard. (c) If the population number of any race or ethnicity category is under 50, the department shall only reference, in the published data, those numbers as “fewer than 50” in order to protect personally identifying information. (Added by Stats. 2023, Ch. 459, Sec. 2. (AB 943) Effective January 1, 2024.)
  125. 20690.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Lipstick Case Knife [20610 - 20690] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A lipstick case knife is treated as a nuisance and is subject to Section 18010, except where Chapter 1 of Division 2 of Title 2 applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Lipstick Case Knife [20610 - 20690] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20690. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any lipstick case knife is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  126. 207.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. )

    Verify source ↗
    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. ) ## 207. (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. (b) Every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping. (c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping. (d) Every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnapping. (e) For purposes of those types of kidnapping requiring force, the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. (f) Subdivisions (a) to (d), inclusive, do not apply to any of the following: (1) To any person who steals, takes, entices away, detains, conceals, or harbors any child under the age of 14 years, if that act is taken to protect the child from danger of imminent harm. (2) To any person acting under Section 834 or 837. (Amended by Stats. 2003, Ch. 23, Sec. 1. Effective January 1, 2004.)
  127. 20710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Shobi-zue [20710 - 20790] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except as otherwise provided, a person in this state may not manufacture, import, keep for sale, offer or expose for sale, give, lend, or possess a shobi-zue.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Shobi-zue [20710 - 20790] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20710. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shobi-zue is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 91. (SB 1023) Effective June 27, 2012.)
  128. 2078.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The department must prosecute lawsuits needed to protect the State’s property rights connected with prisons and their management.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2078. It shall be the duty of the department to prosecute all suits, at law or in equity, that may be necessary to protect the rights of the State in matters of property connected with the prisons and their management, such suits to be prosecuted in the name of the department. (Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
  129. 20790.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Shobi-zue [20710 - 20790] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for a stated Chapter 1 exception, any shobi-zue is a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Shobi-zue [20710 - 20790] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20790. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any shobi-zue is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  130. 208.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Kidnapping is punishable by prison terms, with a higher penalty when the victim is under 14. If probation is granted, the court generally must require 12 months in county jail, unless an unusual-case exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. ) ## 208. (a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years. (b) If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order. (c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty. (Amended by Stats. 1997, Ch. 817, Sec. 1. Effective January 1, 1998.)
  131. 2080.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A copy of the rules and regulations on prisoners’ duties and obligations must be given to each prisoner in a state prison or other facility under the Department of Corrections.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2080. A copy of the rules and regulations prescribing the duties and obligations of prisoners shall be furnished to each prisoner in a state prison or other facility under the jurisdiction of the Department of Corrections. (Added by renumbering Section 2047 by Stats. 1959, Ch. 933.)
  132. 2081.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The director must ensure each institution keeps a register of violations and related punishment details.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2081. The director shall cause to be kept at each institution a register of institution violations and what kind of punishments, if any, are administered to prisoners or inmates; the offense committed; the rule or rules violated; the nature of punishment administered; the authority ordering such punishment; the duration of time during which the offender was subjected to punishment; and the condition of the prisoner’s health. (Amended by Stats. 1953, Ch. 1666.)
  133. 2081.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Director of Corrections must keep complete case records for prisoners in department custody and make them available to the Board of Prison Terms as the board prescribes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2081.5. The Director of Corrections shall keep complete case records of all prisoners under custody of the department, which records shall be made available to the Board of Prison Terms at such times and in such form as the board may prescribe. Case records shall include all information received by the Director of Corrections from the courts, probation officers, sheriffs, police departments, district attorneys, State Department of Justice, Federal Bureau of Investigation, and other interested agencies and persons. Case records shall also include a record of diagnostic findings, considerations, actions and dispositions with respect to classification, treatment, employment, training, and discipline as related to the institutional correctional program followed for each prisoner. The director shall appoint, after consultation with the Board of Prison Terms, such employees of the various institutions under his control as may be necessary for the proper performance of the duties of the Board of Prison Terms, and when requested shall also have in attendance at hearings of the Board of Prison Terms, psychiatric or medical personnel. The director shall furnish, after consultation with the Board of Prison Terms and the Director of General Services, such hearing rooms and other physical facilities at such institutions as may be necessary for the proper performance of the duties of the Board of Prison Terms. (Amended by Stats. 1979, Ch. 255.)
  134. 20810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section makes it a misdemeanor to commercially make, import, export, keep, offer, or expose an undetectable knife for commercial sale in California.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20810. (a) Any person in this state who commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, or who knowingly exports out of this state for commercial, dealer, wholesaler, or distributor sale, or who keeps for commercial sale, or offers or exposes for commercial, dealer, wholesaler, or distributor sale, any undetectable knife is guilty of a misdemeanor. (b) Notwithstanding any other provision of law, commencing January 1, 2000, all knives or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death that are commercially manufactured in this state that utilize materials that are not detectable by a metal detector or magnetometer, shall be manufactured to include materials that will ensure they are detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  135. 20815.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 20810 does not apply to certain manufacture, importation, or later sale of undetectable knives when the buyer is law enforcement or military and there is a valid purchase order.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20815. Section 20810 does not apply to the manufacture or importation of any undetectable knife for sale to a law enforcement or military entity with a valid agency, department, or unit purchase order, nor does Section 20810 apply to the subsequent sale of any undetectable knife to a law enforcement or military entity. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  136. 2082.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Director of Corrections must send the Department of Justice a fingerprint-and-description report for each covered prisoner within 30 days of receiving them, and must notify the Department of Justice of certain custody changes. The Director may also send additional law-enforcement-useful fingerprints and information.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2082. The Director of Corrections shall within 30 days after receiving persons convicted of crime and sentenced to serve terms in the respective prisons under the jurisdiction of the Director of Corrections, except those cases under juvenile court commitment, furnish to the Department of Justice two copies of a report containing the fingerprints and descriptions, including complete details of marks, scars, deformities, or other peculiarities, and a statement of the nature of the offense for which the person is committed. One copy shall be transmitted by the Department of Justice to the Federal Bureau of Investigation. The director shall notify the Department of Justice whenever any of the prisoners dies, escapes, is discharged, released on parole, transferred to or returned from a state hospital, taken out to court or returned therefrom, or whose custody is terminated in any other manner. The Director of Corrections may furnish to the Department of Justice such other fingerprints and information as may be useful for law enforcement purposes. Any expenditures incurred in carrying out the provisions of this section shall be paid for out of the appropriation made for the support of state’s prisons or the Department of Corrections. (Amended by Stats. 1983, Ch. 196, Sec. 1.)
  137. 20820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 20810 does not apply to making, importing, or later selling an undetectable knife when it is for certain public historical collections and properly secured.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Undetectable Knife [20810 - 20820] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20820. Section 20810 does not apply to the manufacture or importation of any undetectable knife for sale to a federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the undetectable knife is properly housed and secured from unauthorized handling, nor does Section 20810 apply to the subsequent sale of the knife to any of these entities. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  138. 2084.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The department must provide each prisoner with bedding, clothing, and plain wholesome food, including access to plant-based meals.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health and that shall include the availability of plant-based meals. (b) The department shall develop a plan to make available the plant-based meals described in subdivision (a) on an overall cost-neutral basis. (c) For the purposes of this section, “plant-based meals” shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs. (Amended by Stats. 2018, Ch. 512, Sec. 3. (SB 1138) Effective January 1, 2019.)
  139. 2084.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Incarcerated persons are entitled to shower at least every other day, unless shower access is prohibited under subdivision (b).

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2084.3. (a) Incarcerated persons shall be permitted to shower at least every other day, unless access to a shower is prohibited as provided in subdivision (b). (b) (1) Whenever a request for a shower pursuant to subdivision (a), or a request for a shower at any other time, is denied, the decision to prohibit showering shall be approved by the facility manager or their designee, and the reason or reasons for prohibiting an incarcerated person to shower shall be documented. (2) Notwithstanding paragraph (1), if showers are temporarily unavailable or otherwise limited in frequency, staff shall provide written or electronic notification that includes the reason showers are unavailable or limited. The notice shall be made available to any incarcerated person in the affected housing unit and shall be conspicuously posted in the affected housing unit. (Added by Stats. 2023, Ch. 429, Sec. 1. (AB 353) Effective January 1, 2024.)
  140. 2084.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain state prisons and detention facilities must provide free, accessible, functional voice communication services to people in custody, and state agencies may not earn revenue from those services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2084.5. (a) A state prison or youth residential placement or detention center operated by the Department of Corrections and Rehabilitation shall provide persons in their custody and confined in a correctional or detention facility with accessible, functional voice communication services free of charge to the person initiating and the person receiving the communication. The Department of Corrections and Rehabilitation shall have operational discretion in implementing this subdivision such that free voice communication services do not interfere with necessary programming. (b) A state agency shall not receive revenue from the provision of voice communication services or any other communication services to a person confined in a state correctional or detention facility. (Added by Stats. 2022, Ch. 827, Sec. 2. (SB 1008) Effective January 1, 2023.)
  141. 2085.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The department must keep a correct account of a prisoner's money and valuables when the prisoner is delivered at the prison, and must pay or return them when the prisoner is discharged.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2085. The department shall keep a correct account of all money and valuables upon the prisoner when delivered at the prison, and shall pay the amount, or the proceeds thereof, or return the same to the prisoner when discharged. (Amended by Stats. 1949, Ch. 890.)
  142. 2085.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The section requires restitution-related deductions from prisoner or parolee funds and directs the money to the California Victim Compensation Board or the Restitution Fund, with some county-jail procedures and an exemption for certain canteen food purchases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2085.5. (a) If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, as operative prior to January 1, 2025, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments. (b) (1) If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, as operative prior to January 1, 2025, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in a county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments. (2) If the board of supervisors designates the county sheriff as the collecting agency, the board of supervisors shall first obtain the concurrence of the county sheriff. (c) If a prisoner owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law. The secretary shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. The sentencing court shall be provided a record of the payments made to victims and of the payments deposited to the Restitution Fund pursuant to this subdivision. (d) If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and owes a restitution order imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the agency designated by the board of supervisors in the county where the prisoner is incarcerated is authorized to deduct a minimum of 20 percent or the balance owing on the order amount, whichever is less, up to a maximum of 50 percent from the county jail equivalent of wages and trust account deposits of a prisoner, unless prohibited by federal law. The agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or may pay the victim directly. The sentencing court shall be provided a record of the payments made to the victims and of the payments deposited to the Restitution Fund pursuant to this subdivision. (e) In any case in which a parolee owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, as operative prior to January 1, 2025, or subdivision (b) of Section 1202.4 of this code, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments. (f) In any case in which a parolee owes a direct order of restitution, imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or paragraph (3) of subdivision (a) of Section 1202.4, either the secretary or, if a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated or a local collection program may collect from the parolee any moneys owing, unless prohibited by federal law. The secretary or the agency shall transfer that amount to the California Victim Compensation Board for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program, or the agency may pay the victim directly. The sentencing court shall be provided a record of the payments made by the parolee pursuant to this subdivision. (g) If a prisoner has both a restitution fine and a restitution order from the sentencing court, the department shall collect the restitution order first pursuant to subdivision (c). (h) If a prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 and that prisoner has both a restitution fine and a restitution order from the sentencing court, if the agency designated by the board of supervisors in the county where the prisoner is incarcerated collects the fine and order, the agency shall collect the restitution order first pursuant to subdivision (d). (i) If a parolee has both a restitution fine and a restitution order from the sentencing court, either the department or, if the prisoner is punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency designated by the board of supervisors in the county where the prisoner is incarcerated may collect the restitution order first, pursuant to subdivision (f). (j) If an inmate is housed at an institution that requires food to be purchased from the institution canteen for unsupervised overnight visits, and if the money for the purchase of this food is received from funds other than the inmate’s wages, that money shall be exempt from restitution deductions. This exemption shall apply to the actual amount spent on food for the visit up to a maximum of fifty dollars ($50) for visits that include the inmate and one visitor, seventy dollars ($70) for visits that include the inmate and two or three visitors, and eighty dollars ($80) for visits that include the inmate and four or more visitors. (k) (1) Amounts transferred to the California Victim Compensation Board for payment of direct orders of restitution shall be paid to the victim within 60 days from the date the restitution revenues are received by the California Victim Compensation Board. If the restitution payment to a victim is less than twenty-five dollars ($25), then payment need not be forwarded to that victim until the payment reaches twenty-five dollars ($25) or when the victim requests payment of the lesser amount. (2) If a victim cannot be located, the restitution revenues received by the California Victim Compensation Board on behalf of the victim shall be held in trust in the Restitution Fund until the end of the state fiscal year subsequent to the state fiscal year in which the funds were deposited or until the time that the victim has provided current address information, whichever occurs sooner. Amounts remaining in trust at the end of the specified period of time shall revert to the Restitution Fund. (3) (A) A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the department, which shall verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the department, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (c) or (f). (B) A victim failing to provide a current address within the period of time specified in paragraph (2) may provide documentation to the agency designated by the board of supervisors in the county where the prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 is incarcerated, which may verify that moneys were collected on behalf of the victim. Upon receipt of that verified information from the agency, the California Victim Compensation Board shall transmit the restitution revenues to the victim in accordance with the provisions of subdivision (d) or (f). (Amended by Stats. 2024, Ch. 805, Sec. 2. (AB 1186) Effective January 1, 2025.)
  143. 2085.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    After release, a prisoner who owes restitution must keep paying it in full; counties may collect the amounts if they choose, and collected money goes to the Restitution Fund or sometimes directly to the victim.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2085.6. (a) When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, the prisoner shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury. (b) When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, the prisoner shall have a continuing obligation to pay the restitution order in full. The restitution order obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county where the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund. (c) Any portion of a restitution order or restitution fine that remains unsatisfied after an individual is released from postrelease community supervision or mandatory supervision shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied. (d) If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine. (e) If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code. (f) Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual is no longer on postrelease community supervision or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170. (g) For purposes of this section, the following definitions shall apply: (1) “Restitution fine” means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, as operative prior to January 1, 2025, or subdivision (b) of Section 1202.4. (2) “Restitution order” means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4. (Amended by Stats. 2024, Ch. 805, Sec. 3. (AB 1186) Effective January 1, 2025.)
  144. 2085.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    People released from county jail who still owe restitution must keep paying it in full; counties or designated agencies may collect the unpaid balance and, if they collect, must forward or pay the money as specified.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2085.7. (a) When a prisoner who owes a restitution fine, or any portion thereof, is released from the custody of a county jail facility after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170, the prisoner has a continuing obligation to pay the restitution fine in full. The balance of the restitution fine remaining unpaid after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county in which the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund. (b) When a prisoner who owes payment for a restitution order, or any portion thereof, is released from the custody of a county jail facility after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170, the prisoner has a continuing obligation to pay the restitution order in full. The balance of the restitution order remaining unpaid after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the agency designated by the county board of supervisors in the county in which the prisoner is released. If the county elects to collect the restitution order, the agency designated by the county board of supervisors for collection shall transfer the collected amount to the California Victim Compensation Board for deposit in the Restitution Fund or may pay the victim directly. The sentencing court shall be provided a record of payments made to the victim and of the payments deposited into the Restitution Fund. (c) The amount of a restitution order or restitution fine that remains unsatisfied after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied. (d) If a county elects to collect both a restitution fine and a restitution order, the amount owed on the restitution order shall be collected before the restitution fine. (e) If a county elects to collect restitution fines and restitution orders pursuant to this section, the county shall coordinate efforts with the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code. (f) Pursuant to Section 1214, the county agency selected by a county board of supervisors to collect restitution fines and restitution orders may collect restitution fines and restitution orders after an individual has completed a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170. (g) For purposes of this section, the following definitions shall apply: (1) “Restitution fine” means a fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, as operative prior to January 1, 2025, or subdivision (b) of Section 1202.4. (2) “Restitution order” means an order for restitution to the victim of a crime imposed pursuant to subdivision (c) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (f) of Section 1202.4. (Amended by Stats. 2024, Ch. 805, Sec. 4. (AB 1186) Effective January 1, 2025.)
  145. 2085.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Some damages paid to covered prisoners or supervised persons must be applied to outstanding restitution before the person receives the balance, and a 5% administrative fee may be taken in specified cases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2085.8. (a) Compensatory or punitive damages awarded by trial or settlement to any inmate, parolee, person placed on postrelease community supervision pursuant to Section 3451, or defendant on mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 in connection with a civil action brought against a federal, state, or local jail, prison, or correctional facility, or any official or agent thereof, shall be paid directly, after payment of reasonable attorney’s fees and litigation costs approved by the court, to satisfy any outstanding restitution orders or restitution fines against that person. The balance of the award shall be forwarded to the payee after full payment of all outstanding restitution orders and restitution fines, subject to subdivision (c). (b) The department shall make all reasonable efforts to notify the victims of the crime for which that person was convicted concerning the pending payment of any compensatory or punitive damages. For any prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency may make all reasonable efforts to notify the victims of the crime for which that person was convicted concerning the pending payment of any compensatory or punitive damages. (c) (1) The secretary shall deduct and retain from any prisoner or parolee settlement or trial award an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine, unless prohibited by federal law. (2) The agency may deduct and retain from any settlement or trial award of a person previously imprisoned in county jail an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine, unless prohibited by federal law. (3) The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department’s or agency’s restitution program, as applicable. The secretary, at his or her discretion, or the agency may either retain any excess funds in the special deposit account for future reimbursement of the department’s or agency’s administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund. (Added by Stats. 2016, Ch. 718, Sec. 3. (SB 1054) Effective January 1, 2017.)
  146. 2086.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Wardens may make temporary rules and regulations in an emergency, until the department provides otherwise.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2086. The wardens may make temporary rules and regulations, in case of emergency, to remain in force until the department otherwise provides. (Amended by Stats. 1944, 3rd Ex. Sess., Ch. 2.)
  147. 2087.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Wardens must perform additional duties that the department may prescribe.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2087. The wardens shall perform such other duties as may be prescribed by the department. (Amended by Stats. 1957, Ch. 2256.)
  148. 209.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Kidnapping, related abduction, and aiding or abetting are felonies, with life-imprisonment penalties in specified cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. ) ## 209. (a) A person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward, or to commit extortion or to exact from another person any money or valuable thing, or a person who aids or abets any such act, is guilty of a felony. When a person subjected to that act suffers death or bodily harm, or is intentionally confined in a manner that exposes that person to a substantial likelihood of death, the person, upon conviction, shall be punished by imprisonment in the state prison for life without possibility of parole. When no person subjected to that act suffers death or bodily harm, the person, upon conviction, shall be punished by imprisonment in the state prison for life with the possibility of parole. (b) (1) A person who kidnaps or carries away an individual to commit robbery, rape, oral copulation, sodomy, or any violation of Section 264.1, 288, 289, or former Section 262, shall be punished by imprisonment in the state prison for life with the possibility of parole. (2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense. (c) When probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty. (d) Subdivision (b) does not supersede or affect Section 667.61. A person may be charged with a violation of subdivision (b) and Section 667.61. However, a person may not be punished under subdivision (b) and Section 667.61 for the same act that constitutes a violation of both subdivision (b) and Section 667.61. (Amended by Stats. 2021, Ch. 626, Sec. 16. (AB 1171) Effective January 1, 2022.)
  149. 209.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. )

    Verify source ↗
    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. ) ## 209.5. (a) Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking shall be punished by imprisonment in the state prison for life with the possibility of parole. (b) This section shall only apply if the movement of the victim is beyond that merely incidental to the commission of the carjacking, the victim is moved a substantial distance from the vicinity of the carjacking, and the movement of the victim increases the risk of harm to the victim over and above that necessarily present in the crime of carjacking itself. (c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty. (Added by Stats. 1993, Ch. 611, Sec. 5. Effective October 1, 1993.)
  150. 2090.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The department may receive federal prisoners and charge the United States certain support-related amounts, including $1 per month for the prisoner’s use. No officer may make any other or additional charges for those prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Wardens [2078 - 2090] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2090. The department is hereby authorized to receive from the Federal Government any federal prisoner and to charge and receive from the United States, for the use of the State, an amount sufficient for the support of each such federal prisoner, the cost of all clothing that may be furnished, and one dollar ($1) per month for the use of the prisoner. No other or further charges shall be made by any officer for or on account of such prisoners. (Amended by Stats. 1957, Ch. 2256.)
  151. 20910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Writing Pen Knife [20910 - 20990] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated chapter exception, a person in this state may not manufacture, import, sell, give, lend, or possess a writing pen knife, and doing so can lead to jail time.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Writing Pen Knife [20910 - 20990] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20910. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any writing pen knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 92. (SB 1023) Effective June 27, 2012.)
  152. 20990.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Writing Pen Knife [20910 - 20990] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A writing pen knife is treated as a nuisance and is subject to Section 18010, except as provided in the referenced Chapter 1 exception.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Disguised or Misleading Appearance [20310 - 20990] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Writing Pen Knife [20910 - 20990] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 20990. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any writing pen knife is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  153. 210.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A person who pretends to be involved in kidnapping, detention, or release of a captive for ransom or to get money or value commits a felony and can be imprisoned for 2, 3, or 4 years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3. Kidnapping [207 - 210] ( Chapter 3 enacted 1872. ) ## 210. Every person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of value, poses as, or in any manner represents himself to be a person who has seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away any person, or who poses as, or in any manner represents himself to be a person who holds or detains such person, or who poses as, or in any manner represents himself to be a person who has aided or abetted any such act, or who poses as or in any manner represents himself to be a person who has the influence, power, or ability, to obtain the release of such person so seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away, is guilty of a felony and upon conviction thereof shall be punished by imprisonment for two, three or four years. Nothing in this section prohibits any person who, in good faith believes that he can rescue any person who has been seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away, and who has had no part in, or connection with, such confinement, inveigling, decoying, abducting, concealing, kidnapping, or carrying away, from offering to rescue or obtain the release of such person for a monetary consideration or other thing of value. (Amended by Stats. 1976, Ch. 1139.)
  154. 210.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3.5. Hostages [210.5- 210.5.] ( Chapter 3.5 added by Stats. 1987, Ch. 580, Sec. 1. )

    Verify source ↗

    A person who falsely imprisons someone to avoid arrest, increase risk of harm, or use the person as a shield is punishable by prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 3.5. Hostages [210.5- 210.5.] ( Chapter 3.5 added by Stats. 1987, Ch. 580, Sec. 1. ) ## 210.5. Every person who commits the offense of false imprisonment, as defined in Section 236, against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using the person as a shield is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or eight years. (Amended by Stats. 2011, Ch. 15, Sec. 284. (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.)
  155. 211.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Robbery means taking another person's personal property from their person or immediate presence, against their will, by force or fear.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. (Enacted 1872.)
  156. 21110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Ballistic Knife [21110 - 21190] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated chapter exception, a person in this state must not make, import, sell, give, lend, or possess a ballistic knife.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Ballistic Knife [21110 - 21190] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21110. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ballistic knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 93. (SB 1023) Effective June 27, 2012.)
  157. 21190.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Ballistic Knife [21110 - 21190] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A ballistic knife is treated as a nuisance and is subject to Section 18010, except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Ballistic Knife [21110 - 21190] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21190. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any ballistic knife is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  158. 212.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Section 212 says the fear referenced in Section 211 can mean either fear of unlawful injury to the robbed person or their family, or fear of immediate unlawful injury to someone with them during the robbery.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 212. The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. (Amended by Stats. 1963, Ch. 372.)
  159. 212.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section classifies certain robberies as first degree and all other robberies as second degree.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree. (b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree. (c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree. (Amended by Stats. 1994, Ch. 919, Sec. 1. Effective January 1, 1995.)
  160. 213.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Robbery is punishable by prison terms that vary by degree and circumstances, and attempted robbery under one subdivision is also punishable by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 213. (a) Robbery is punishable as follows: (1) Robbery of the first degree is punishable as follows: (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years. (B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years. (2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years. (b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison. (Amended by Stats. 1994, Ch. 789, Sec. 1. Effective January 1, 1995.)
  161. 21310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Dirk or Dagger [21310 - 21390] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person in this state generally may not carry a concealed dirk or dagger on the person, unless an exception in another chapter applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Dirk or Dagger [21310 - 21390] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 94. (SB 1023) Effective June 27, 2012.)
  162. 21390.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Dirk or Dagger [21310 - 21390] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Unlawful concealed carrying of a dirk or dagger is treated as a nuisance and is subject to Sections 18000 and 18005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Dirk or Dagger [21310 - 21390] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21390. The unlawful concealed carrying upon the person of any dirk or dagger, as provided in Section 21310, is a nuisance and is subject to Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  163. 214.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person commits a felony if, with intent to rob someone on a railroad train, car, or engine, they board, interfere with railroad equipment, place explosives, set fire to a railroad bridge or trestle, tamper with signals, or stop/slacken the train.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 214. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony. (Added by Stats. 1905, Ch. 494.)
  164. 215.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section defines carjacking and sets prison terms of 3, 5, or 9 years for it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 4. Robbery [211 - 215] ( Chapter 4 enacted 1872. ) ## 215. (a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. (b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years. (c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211. (Added by Stats. 1993, Ch. 611, Sec. 6. Effective October 1, 1993.)
  165. 21510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Switchblade Knife [21510 - 21590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not possess, carry, sell, offer, expose, loan, transfer, or give away a switchblade knife with a blade two or more inches long in the specified ways; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Switchblade Knife [21510 - 21590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21510. Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a) Possesses the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public. (b) Carries the knife upon the person. (c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  166. 21590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Switchblade Knife [21510 - 21590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Unlawful possession or carrying of a switchblade knife is treated as a nuisance and is subject to Sections 18000 and 18005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. KNIVES AND SIMILAR WEAPONS [20200 - 21590] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Switchblade Knife [21510 - 21590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21590. The unlawful possession or carrying of any switchblade knife, as provided in Section 21510, is a nuisance and is subject to Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  167. 217.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section punishes assault on certain public officials and related persons when done to retaliate for or prevent performance of official duties, and imposes a harsher penalty for attempted murder of those persons.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 217.1. (a) Except as provided in subdivision (b), every person who commits any assault upon the President or Vice President of the United States, the Governor of any state or territory, any justice, judge, or former judge of any local, state, or federal court of record, any commissioner, referee, or other subordinate judicial officer of any court of record, the secretary or director of any executive agency or department of the United States or any state or territory, or any other official of the United States or any state or territory holding elective office, any mayor, city council member, county supervisor, sheriff, district attorney, prosecutor or assistant prosecutor of any local, state, or federal prosecutor’s office, a former prosecutor or assistant prosecutor of any local, state, or federal prosecutor’s office, public defender or assistant public defender of any local, state, or federal public defender’s office, a former public defender or assistant public defender of any local, state, or federal public defender’s office, the chief of police of any municipal police department, any peace officer, any juror in any local, state, or federal court of record, or the immediate family of any of these officials, in retaliation for or to prevent the performance of the victim’s official duties, shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), every person who attempts to commit murder against any person listed in subdivision (a) in retaliation for or to prevent the performance of the victim’s official duties, shall be confined in the state prison for a term of 15 years to life. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term of 15 years in a state prison imposed pursuant to this section, but that person shall not otherwise be released on parole prior to that time. (c) For the purposes of this section, the following words have the following meanings: (1) “Immediate family” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather. (2) “Peace officer” means any person specified in subdivision (a) of Section 830.1 or Section 830.5. (Amended by Stats. 2011, Ch. 15, Sec. 285. (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.)
  168. 21710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Composite Knuckles or Hard Wooden Knuckles [21710- 21710.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person in this state may not possess, make, import for commercial sale, keep for commercial sale, or offer for commercial sale composite knuckles or hard wooden knuckles; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Composite Knuckles or Hard Wooden Knuckles [21710- 21710.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21710. Any person in this state who possesses, commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial sale, any composite knuckles or hard wooden knuckles is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  169. 218.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    It is a felony to unlawfully sabotage a railroad or railroad bridge/trestle with the intent to derail, blow up, or wreck a train, car, or engine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 218. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty of a felony, and shall be punished by imprisonment in the state prison for life without possibility of parole. (Amended by Stats. 1976, Ch. 1139.)
  170. 218.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who unlawfully and with gross negligence places an obstruction on or near a railroad track, causing damage, derailment, or injury, can be punished by prison, jail, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 218.1. Any person who unlawfully and with gross negligence places or causes to be placed any obstruction upon or near the track of any railroad that proximately results in either the damaging or derailing of any passenger, freight, or other train, or injures a rail passenger or employee, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by imprisonment in a county jail for not more than one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 286. (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.)
  171. 21810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Metal Knuckles [21810 - 21890] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person in this state generally may not manufacture, import, sell, give, lend, or possess metal knuckles, subject to a stated chapter exception.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Metal Knuckles [21810 - 21890] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21810. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 95. (SB 1023) Effective June 27, 2012.)
  172. 21890.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Metal Knuckles [21810 - 21890] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Metal knuckles are declared a nuisance and are subject to Section 18010, except as provided in Chapter 1 (starting with Section 17700) of Division 2 of Title 2.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. KNUCKLES [21710 - 21890] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Metal Knuckles [21810 - 21890] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 21890. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, metal knuckles are a nuisance and are subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  173. 219.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗
    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 219. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life without possibility of parole in cases where any person suffers death as a proximate result thereof, or imprisonment in the state prison for life with the possibility of parole, in cases where no person suffers death as a proximate result thereof. The penalty shall be determined pursuant to Sections 190.3 and 190.4. (Amended by Stats. 1977, Ch. 316.)
  174. 219.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    It is a felony to unlawfully throw or project objects at a common-carrier vehicle, or to commit another unlawful act with intent to wreck it and cause bodily harm, when the act results in wrecking the vehicle and bodily harm.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 219.1. Every person who unlawfully throws, hurls or projects at a vehicle operated by a common carrier, while such vehicle is either in motion or stationary, any rock, stone, brick, bottle, piece of wood or metal or any other missile of any kind or character, or does any unlawful act, with the intention of wrecking such vehicle and doing bodily harm, and thus wrecks the same and causes bodily harm, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years. (Amended by Stats. 2011, Ch. 15, Sec. 287. (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.)
  175. 219.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who willfully throws or shoots a stone, hard object, or missile at certain trains, cars, buses, or passenger/freight vessels can be fined or imprisoned.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 219.2. Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering on this state, is punishable by imprisonment in the county jail not exceeding one year, or in a state prison, or by fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 248. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  176. 219.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person must not wilfully drop or throw any object or missile from a toll bridge.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 5. Attempts to Kill [217.1 - 219.3] ( Chapter 5 enacted 1872. ) ## 219.3. Any person who wilfully drops or throws any object or missile from any toll bridge is guilty of a misdemeanor. (Added by Stats. 1957, Ch. 1053.)
  177. 220.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder [220 - 222] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A person who assaults someone with intent to commit specified sex offenses or mayhem faces prison terms set by the section, with a higher penalty for assaults on minors and a life term for qualifying assaults during first-degree burglary.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder [220 - 222] ( Chapter 6 enacted 1872. ) ## 220. (a) (1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years. (2) Except as provided in subdivision (b), any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years. (b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole. (Amended by Stats. 2010, Ch. 219, Sec. 2. (AB 1844) Effective September 9, 2010. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  178. 222.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder [220 - 222] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A person commits a felony if they give another person certain listed substances to help anyone commit a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder [220 - 222] ( Chapter 6 enacted 1872. ) ## 222. Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 287.5. (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.)
  179. 22210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for listed exceptions, a person in this state may not make, import, sell, give, lend, or possess leaded canes or similar weapons, and doing so can lead to jail time.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22210. Except as provided in Section 22215 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any leaded cane, or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 97. (SB 1023) Effective June 27, 2012.)
  180. 22215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 22210 does not apply to certain wooden-club or baton transactions involving authorized special police officers or uniformed security guards.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22215. Section 22210 does not apply to the manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 22295 by entities that are in the business of selling wooden clubs or batons to special police officers and uniformed security guards when engaging in transactions with those persons. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  181. 22290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain leaded canes and similar weapons are treated as a nuisance and are subject to Section 18010, except for the stated exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22290. Except as provided in Section 22215 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any leaded cane or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  182. 22295.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts several categories of officers and security workers from baton or wooden club restrictions, and lets a certified training institution charge a fee for the training.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22295. (a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, or law enforcement officer from carrying any wooden club or baton. (b) Nothing in any provision listed in Section 16580 prohibits a licensed private patrol operator, a qualified manager of a licensed private patrol operator, or a registered security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying a baton if they comply with the requirements of Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code relating to the carrying and use of the baton. (c) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a baton permit pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code. (d) Any person employed as a county sheriff's or police security officer, as defined in Section 831.4, shall not be required to obtain a baton permit pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, if the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the baton, within 90 days of employment. (e) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, a humane officer, as described in paragraph (5) of subdivision (h) of Section 14502 of the Corporations Code, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer, humane officer, or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. (f) This section shall become operative on January 1, 2024. (Repealed (in Sec. 58) and added by Stats. 2022, Ch. 287, Sec. 59. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  183. 22296.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    In this part, the terms “billy,” “blackjack,” and “slungshot” do not include a nunchaku.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. SAPS AND SIMILAR WEAPONS [22210 - 22296] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22296. As used in this part, a “billy,” “blackjack,” or “slungshot” does not include a nunchaku. (Added by Stats. 2021, Ch. 434, Sec. 27. (SB 827) Effective January 1, 2022.)
  184. 22410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SHURIKEN [22410 - 22490] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section generally prohibits any person in California from making, importing, selling, giving, lending, or possessing a shuriken, and it provides criminal punishment for violations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SHURIKEN [22410 - 22490] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shuriken is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 98. (SB 1023) Effective June 27, 2012.)
  185. 22490.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SHURIKEN [22410 - 22490] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated chapter exception, any shuriken is treated as a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SHURIKEN [22410 - 22490] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22490. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any shuriken is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  186. 22610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Most people may buy, possess, or use a stun gun, but convicted felons, people convicted of assault-related crimes or stun gun misuse, people addicted to narcotic drugs, and minors without age and written-consent conditions are restricted.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22610. Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements: (a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun. (b) No person addicted to any narcotic drug shall purchase, possess, or use a stun gun. (c) (1) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian. (2) Violation of this subdivision shall be a public offense punishable by a fifty-dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor. (d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  187. 22615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Each stun gun sold must bear the manufacturer’s name and the manufacturer-applied serial number.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22615. Each stun gun sold shall contain both of the following: (a) The name of the manufacturer stamped on the stun gun. (b) The serial number applied by the manufacturer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  188. 22620.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Unless otherwise specified, violating this division is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22620. Unless otherwise specified, any violation of this division is a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  189. 22625.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Each stun gun sold in this state must come with an instruction booklet, and violations are public offenses that carry a $50 fine for each weapon sold without the booklet.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. STUN GUN [22610 - 22625] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22625. (a) Each stun gun sold in this state shall be accompanied by an instruction booklet. (b) Violation of this section shall be a public offense punishable by a fifty-dollar ($50) fine for each weapon sold without the booklet. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  190. 22810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People may buy, possess, or use tear gas or tear gas weapons only for self-defense, but several groups and product types are restricted.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22810. Notwithstanding any other provision of law, any person may purchase, possess, or use tear gas or any tear gas weapon for the projection or release of tear gas if the tear gas or tear gas weapon is used solely for self-defense purposes, subject to the following requirements: (a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of tear gas under subdivision (g), shall purchase, possess, or use tear gas or any tear gas weapon. (b) No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon. (c) No person shall sell or furnish any tear gas or tear gas weapon to a minor. (d) No minor shall purchase, possess, or use tear gas or any tear gas weapon. (e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray. (2) Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous — use with care.” (3) After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires. (4) Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use. (f) Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product. (g) (1) Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (2) If the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 538. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  191. 22815.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A 16-year-old minor may buy and possess tear gas or a tear gas weapon only if accompanied by a parent or guardian or with written parental consent; a person may also sell or furnish it to such a minor under similar conditions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22815. (a) Notwithstanding subdivision (d) of Section 22810, a minor who has attained the age of 16 years may purchase and possess tear gas or a tear gas weapon pursuant to this division if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. (b) Notwithstanding subdivision (c) of Section 22810, a person may sell or furnish tear gas or a tear gas weapon to a minor who has attained the age of 16 years and who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor’s parent or guardian. (c) Any civil liability of a minor arising out of the minor’s use of tear gas or a tear gas weapon other than for self-defense is imposed upon the parent, guardian, or other person who authorized the provision of tear gas to a minor by signing a statement of consent or accompanying the minor, as specified in subdivision (b). That parent, guardian, or other person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or a tear gas weapon. (Amended by Stats. 2018, Ch. 185, Sec. 5. (AB 2176) Effective January 1, 2019.)
  192. 22820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A peace officer may buy, possess, transport, or use tear gas or a tear gas weapon if the officer has completed an approved training course.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22820. Nothing in this division prohibits any person who is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, from purchasing, possessing, transporting, or using any tear gas or tear gas weapon if the person has satisfactorily completed a course of instruction approved by the Commission on Peace Officer Standards and Training in the use of tear gas. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  193. 22825.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A county custodial officer may carry a tear gas weapon only while on duty, and off duty only if allowed by other laws.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22825. A custodial officer of a county may carry a tear gas weapon pursuant to Section 22820 only while on duty. A custodial officer of a county may carry a tear gas weapon while off duty only in accordance with all other laws. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  194. 22830.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Specified military, naval, and federal law enforcement personnel may buy, possess, or transport tear gas or tear gas weapons when using them officially in the discharge of duties.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22830. Nothing in this division prohibits any member of the military or naval forces of this state or of the United States or any federal law enforcement officer from purchasing, possessing, or transporting any tear gas or tear gas weapon for official use in the discharge of duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  195. 22835.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain licensed private investigators, private patrol operators, and some private patrol employees may buy, possess, or transport tear gas weapons if the use is only for defensive purposes in the licensed activity and they have completed an approved tear gas instruction course.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22835. Notwithstanding any other provision of law, a person holding a license as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code, or as a private patrol operator pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, or a uniformed patrolperson employee of a private patrol operator, may purchase, possess, or transport any tear gas weapon, if it is used solely for defensive purposes in the course of the activity for which the license was issued and if the person has satisfactorily completed a course of instruction approved by the Department of Consumer Affairs in the use of tear gas. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  196. 22840.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Tear gas and tear gas weapons are not authorized in certain institutions or nearby grounds unless the person in charge authorizes it.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. General Provisions [22810 - 22840] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22840. Nothing in this division authorizes the possession of tear gas or a tear gas weapon in any institution described in Section 4574, or within the grounds belonging or adjacent to any institution described in Section 4574, except where authorized by the person in charge of the institution. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  197. 22900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person, firm, or corporation may not knowingly sell, offer for sale, possess, or transport tear gas or a tear gas weapon in this state, unless permitted by this division.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22900. Any person, firm, or corporation who within this state knowingly sells or offers for sale, possesses, or transports any tear gas or tear gas weapon, except as permitted under the provisions of this division, is guilty of a public offense and upon conviction thereof shall be punishable by imprisonment in the county jail for not exceeding one year or by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  198. 22905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Tear gas weapons sold, transported, or possessed under this division must have the manufacturer’s name and a manufacturer-applied serial number.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22905. Each tear gas weapon sold, transported, or possessed under the authority of this division shall bear the name of the manufacturer and a serial number applied by the manufacturer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  199. 22910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    It is an offense to change, alter, remove, or obliterate identifying marks on a tear gas weapon. A conviction can bring imprisonment, a fine up to $2,000, or both.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Unlawful Possession, Sale, or Transportation [22900 - 22910] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 22910. (a) Any person who changes, alters, removes, or obliterates the name of the manufacturer, the serial number, or any other mark of identification on any tear gas weapon is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine of not more than two thousand dollars ($2,000), or by both that fine and imprisonment. (b) Possession of any such weapon upon which the same shall have been changed, altered, removed, or obliterated, shall be presumptive evidence that such possessor has changed, altered, removed, or obliterated the same. (Amended by Stats. 2011, Ch. 15, Sec. 539. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  200. 23000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice may issue a permit to possess and transport certain tear gas or tear gas weapons if good cause is shown.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23000. The Department of Justice may issue a permit for the possession and transportation of tear gas or a tear gas weapon that is not intended or certified for personal self-defense purposes, upon proof that good cause exists for issuance of the permit to the applicant. The permit may also allow the applicant to install, maintain, and operate a protective system involving the use of tear gas or a tear gas weapon in any place that is accurately and completely described in the permit application. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

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