Penal Code — Part 16 | PEN — United States — California law | Esheria

Penal Code

Part 16 of 29 · provisions 3,001–3,200

If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.

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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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  1. 2900.

    ## 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 OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106.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 IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106.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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    A prison sentence starts only when the defendant is actually delivered to the Director of Corrections’ designated reception place, and certain time in designated custody is credited toward the sentence unless an exception applies.

    ## 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 OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106.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 IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106.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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2900. (a) The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant into the custody of the Director of Corrections at the place designated by the Director of Corrections as a place for the reception of persons convicted of felonies. (b) Except as otherwise provided in this section, the place of reception shall be an institution under the jurisdiction of the Director of Corrections. (1) As an emergency measure, the Director of Corrections may direct that persons convicted of felonies may be received and detained in jails or other facilities and that the judgment will commence to run upon the actual delivery of the defendant into such place and that any persons previously received and confined for conviction of a felony may be, as an emergency, temporarily housed at such place and the time during which such person is there shall be computed as a part of the term of judgment. (2) In any case in which, pursuant to the agreement on detainers or other provision of law, a prisoner of another jurisdiction is, before completion of actual confinement in a penal or correctional institution of a jurisdiction other than the State of California, sentenced by a California court to a term of imprisonment for a violation of California law, and the judge of the California court orders that the California sentence shall run concurrently with the sentence which such person is already serving, the Director of Corrections shall designate the institution of the other jurisdiction as the place for reception of such person within the meaning of the preceding provisions of this section. He may also designate the place in California for reception of such person in the event that actual confinement under the prior sentence ends before the period of actual confinement required under the California sentence. (3) In any case in which a person committed to the Director of Corrections is subsequently committed to a penal or correctional institution of another jurisdiction, the subsequent commitment is ordered to be served concurrently with the California commitment, the prisoner is placed in a penal or correctional institution of the other jurisdiction, and the prisoner is not received by the Director of Corrections pursuant to subdivision (a), the Director of Corrections shall designate the institution of the other jurisdiction as the place for reception and service of the California term. (c) Except as provided in this section, all time served in an institution designated by the Director of Corrections shall be credited as service of the term of imprisonment. (1) If a person is ordered released by a court from the custody and jurisdiction of the Director of Corrections pursuant to Section 1272 or 1506 or any other provision of law permitting the legal release of prisoners, time during which the person was released shall not be credited as service of the prison term. (2) If a prisoner escapes from the custody and jurisdiction of the Director of Corrections, the prisoner shall be deemed an escapee and fugitive from justice, until the prisoner is available to return to the custody of the Director of Corrections or the State of California. Time during which the prisoner is an escapee shall not be credited as service of the prison term. (d) The Department of Corrections may contract for the use of any facility of the state or political subdivision thereof to care for persons received in accordance with this section. (Amended by Stats. 1987, Ch. 828, Sec. 127.)
  2. 2900.1.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    If a defendant’s judgment is later declared invalid or changed during imprisonment, the time already served must be credited to any later sentence for the same criminal act.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2900.1. Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts. (Added by Stats. 1949, Ch. 519.)
  3. 2900.5.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    This section requires custody days to be credited to a defendant’s prison term, and then to any base fine if time remains.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2900.5. (a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the base fine. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied. (b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. (c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency. (d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213. (e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency. (f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. (g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein. (Amended by Stats. 2016, Ch. 769, Sec. 2. (AB 2839) Effective January 1, 2017.)
  4. 2901.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    Wardens of state prisons must receive people sentenced to imprisonment in a state prison, and those people must remain imprisoned until they are released 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2901. It is hereby made the duty of the wardens of the State prisons to receive persons sentenced to imprisonment in a State prison, and such persons shall be imprisoned until duly released according to law. (Added by Stats. 1941, Ch. 106.)
  5. 29010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Manufacture of Firearms [29010- 29010.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may not manufacture more than three firearms in this state in a calendar year unless licensed. If a required licensee stops operating, required records must be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Manufacture of Firearms [29010- 29010.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29010. (a) A person shall not manufacture more than three firearms within this state in a calendar year unless that person is licensed pursuant to Chapter 2 (commencing with Section 29030). (b) If a person required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business. (c) A violation of this section is a misdemeanor. (Amended by Stats. 2023, Ch. 243, Sec. 3. (AB 1089) Effective January 1, 2024.)
  6. 2902.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    Certain prisoners may be received into California state prisons by the Director of Corrections, and they are subject to state prison discipline and treatment; the Director may also contract with government agencies about the per diem rate they pay.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2902. All criminals sentenced to prison by the authority of the United States or of any state or territory of the United States, may be received by the Director of Corrections and imprisoned in California state prisons in accordance with the sentence of the court by which they were tried. The prisoners so confined shall be subject in all respects to discipline and treatment as though committed under the laws of this State and the Director of Corrections is authorized to enter into contracts with the proper agencies of the United States and of other states and territories of the United States with regard to the per diem rate such agencies shall pay to the State of California for the keep of each prisoner. (Amended by Stats. 1949, Ch. 1590.)
  7. 2903.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    This section lets a court place certain woman offenders in the California Institution for Women instead of county jail if conditions are met, and it sets related county payment, reporting, transport, and return procedures.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2903. (a) In any case in which a woman offender can be sentenced to imprisonment in the county jail, or be required to serve a term of imprisonment therein as a condition of probation, or has already been so sentenced or imprisoned, the court which tried the offender may, with the consent of the offender and on application of the sheriff or on its own motion, with the consent of the offender, commit the offender to the sheriff with directions for placement in the California Institution for Women in lieu of placement in the county jail if the court finds that the local detention facilities are inadequate for the rehabilitation of the offenders and if the court concludes that the offender will benefit from that treatment and care as is available at that institution and the county has entered into a contract with the state under subdivision (b). The offenders may be received by the Director of Corrections and imprisoned in the California Institution for Women in accordance with the commitment of the court by which tried. The prisoners so confined shall be subject in all respects to discipline, diagnosis, and treatment as though committed under the laws of this state concerning felony prisoners. (b) The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with any county in this state, upon request of the board of supervisors thereof, wherein the Department of Corrections agrees to furnish diagnosis and treatment services and detention for selected women county prisoners. The county shall reimburse the state for the cost of the services, the cost to be determined by the Director of Finance. In any contract entered into pursuant to this subdivision, the county shall agree to pay that amount which is reasonably necessary for payment of an allowance to each released or paroled prisoner for transportation to the prisoner’s county of residence or county where employment is available, and may agree to provide suitable clothing and a cash gratuity to the prisoners in the event that they are discharged from that institution because of parole or completion of the term for which they were sentenced. Each county auditor shall include in his state settlement report rendered to the Controller in the months of January and June the amounts due under any contract authorized by this section, and the county treasurer, at the time of settlement with the state in those months, shall pay to the State Treasurer upon order of the Controller, the amounts found to be due. (c) The Department of Corrections shall accept the women county prisoners if it believes that they can be materially benefited by the confinement, care, treatment and employment and if adequate facilities to provide the care are available. None of those persons shall be transported to any facility under the jurisdiction of the Department of Corrections until the director has notified the referring court that the person may be transported to the California Institution for Women and the time at which she can be received. (d) The sheriff of the county in which an order is made placing a woman county prisoner pursuant to this section, or any other peace officer designated by the court, shall execute the order placing the person in the institution or returning her therefrom to the court. The expenses of the peace officer incurred in executing the order is a charge upon the county in which the court is situated. (e) The Director of Corrections may return to the committing authority any woman prisoner transferred pursuant to this section when that person is guilty of any violation of rules and regulations of the California Institution for Women or the Department of Corrections. (f) No woman prisoner placed in the California Institution for Women pursuant to this section shall thereafter be deemed to have been guilty of a felony solely by virtue of such placement, and she shall have the same rights to parole and to time off for good behavior as she would have had if she had been confined in the county jail. (Amended by Stats. 1981, Ch. 714, Sec. 335.)
  8. 29030.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Preliminary Provisions [29030- 29030.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “licensee” for this chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Preliminary Provisions [29030- 29030.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29030. In this chapter, “licensee” means a person, firm, or corporation that satisfies both of the following: (a) Has a license issued pursuant to subdivision (b) of Section 29050. (b) Is among those recorded in the centralized list specified in Section 29060. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  9. 2905.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. )

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    This section requires the department to classify certain youth offenders for lower-security placement or program-access placement, with committee review for some 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Commencement of Term [2900 - 2905] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2905. (a) For purposes of this section, a “youth offender” is an individual committed to the Department of Corrections and Rehabilitation who is under 22 years of age. (b) (1) The department shall, at reception, automatically grant a youth offender a lower security level than the level that corresponds with that individual’s classification score or placement in a facility that permits increased access to programs, except for a youth offender who has committed a serious in-custody offense, who shall be reviewed by a classification committee. The youth offender classification committee shall consist of the staff required by department regulations at any classification committee; however, at least one member shall be a department staff member specially trained in conducting the reviews. Training shall include, but not be limited to, adolescent and young adult development and evidence-based interviewing processes employing positive and motivational techniques. (2) The purpose of the youth offender review is to meet with the youth offender and assess the readiness of a youth offender for a lower security level or placement permitting increased access to programs and to encourage the youth offender to commit to positive change and self-improvement. (c) A youth offender shall be considered for placement at a lower security level than the level that corresponds with their classification score or placement in a facility that permits increased access to programs. When a classification committee is appropriate, it shall review factors including, but not limited to, the following: (1) Recent in-custody behavior while housed in juvenile or adult facilities. (2) Demonstrated efforts of progress toward self-improvement in juvenile or adult facilities. (3) Family or community ties supportive of rehabilitation. (4) Evidence of commitment to working toward self-improvement with a goal of being a law-abiding member of society upon release. (d) For a youth offender requiring review by classification committee, if the department determines, based on the review described in subdivisions (b) and (c), that the youth offender may be appropriately placed at a lower security level, the department shall transfer the youth offender to a lower security level facility. If the youth offender is denied a lower security level, then they shall be considered for placement in a facility that permits increased access to programs. If the department determines a youth offender may appropriately be placed in a facility permitting increased access to programs, the youth offender shall be transferred to such a facility. (e) For a youth offender requiring review by classification committee, if the youth offender demonstrates they are a safety risk to inmates, staff, or the public, and do not otherwise demonstrate a commitment to rehabilitation, the youth offender shall be reclassified and placed at a security level that is consistent with department regulations and procedures. (f) A youth offender who at their initial youth offender classification committee review is denied a lower security level than the level that corresponds with their placement score or did not qualify for a placement permitting increased access to programs due to previous incarceration history and was placed in the highest security level shall nevertheless be eligible to have their placement reconsidered pursuant to subdivisions (b) to (d), inclusive, at their annual review until reaching 25 years of age. If at an annual review it is determined that the youth offender has had no serious rule violations for one year, the department shall consider whether the youth would benefit from placement in a lower level facility or placement permitting increased access to programs. (g) The department shall review and, as necessary, revise existing regulations and adopt new regulations regarding classification determinations made pursuant to this section, and provide for training for staff. (h) This section shall become operative on July 1, 2015. (Amended by Stats. 2021, Ch. 434, Sec. 13. (SB 827) Effective January 1, 2022.)
  10. 29050.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must accept license applications and grant firearm-manufacturing licenses in California, if the applicant provides the required proof. Denied applicants must receive the reasons in writing.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29050. (a) The Department of Justice shall accept applications for, and shall grant licenses permitting, the manufacture of firearms within this state. (b) No license shall be granted by the department unless and until the applicant presents proof that the applicant has all of the following: (1) A valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (2) Any regulatory or business license required by local government. (3) A valid seller’s permit or resale certificate issued by the State Board of Equalization, if applicable. (4) A certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (c) A license granted by the department shall be valid for no more than one year from the date of issuance and shall be in the form prescribed by the Attorney General. (d) The department shall inform applicants who are denied licenses of the reasons for the denial in writing. (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. 29055.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The department must adopt regulations for this chapter and recover its full program costs by charging fees to license applicants.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29055. (a) The department shall adopt regulations to administer this chapter and Chapter 1 (commencing with Section 29010). (b) The department shall recover the full costs of administering the program by collecting fees from license applicants. Recoverable costs shall include, but not be limited to, the costs of inspections and maintaining a centralized list of licensed firearm manufacturers. (c) The fee for licensed manufacturers who produce fewer than 500 firearms in a calendar year within this state shall not exceed two hundred fifty dollars ($250) per year or the actual costs of inspections and maintaining a centralized list of firearm manufacturers and any other duties of the department required pursuant to this chapter and Chapter 1 (commencing with Section 29010), whichever is less. (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. 29060.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must keep a centralized list of licensed persons and provide it annually to each police department and county sheriff in the state, subject to an exception in Section 20965.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29060. (a) Except as otherwise provided in subdivisions (a) and (b) of Section 20965, the Department of Justice shall maintain a centralized list of all persons licensed pursuant to subdivision (b) of Section 29050. (b) The centralized list shall be provided annually to each police department and county sheriff within the state. (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. 29065.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee’s firearm-manufacturing license may be revoked for violating this chapter, and must be revoked for knowing or grossly negligent violations or three violations; revocation also triggers notice to specified law enforcement authorities.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29065. (a) Except as provided in subdivision (b), the license of any licensee who violates this chapter may be revoked. (b) The license of any licensee who knowingly or with gross negligence violates this chapter or violates this chapter three times shall be revoked, and that person, firm, or corporation shall become permanently ineligible to obtain a license pursuant to this chapter. (c) Upon the revocation of the license, notification shall be provided to local law enforcement authorities in the jurisdiction where the licensee’s business is located and to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. (Amended by Stats. 2011, Ch. 296, Sec. 234. (AB 1023) Effective January 1, 2012.)
  14. 29070.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The department must provide certain licensee information on request, and must provide a licensee’s name and business address to anyone on written request.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29070. (a) The department shall make information concerning the location and name of a licensee available, upon request, for the following purposes only: (1) Law enforcement. (2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments. (b) Notwithstanding subdivision (a), the department shall make the name and business address of a licensee available to any person upon written request. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  15. 29075.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must keep and provide, on request, information about inspections, fees collected, certain licensees removed from a centralized list, and licensees found to have violated the chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Licensing Process [29050 - 29075] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29075. The Department of Justice shall maintain and make available upon request information concerning all of the following: (a) The number of inspections conducted and the amount of fees collected pursuant to Section 29055. (b) The number of licensees removed from the centralized list described in Sections 29060 and 29065. (c) The number of licensees found to have violated this chapter. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  16. 291.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain law enforcement officers must immediately notify school authorities when they arrest a known school employee for specified offenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 291. Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290, subdivision (a) of Section 261, or Section 44010 of the Education Code, of any school employee, shall, provided that he or she knows that the arrestee is a school employee, do either of the following: (a) If the school employee is a teacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the teacher and shall immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed. Upon receipt of the notice, the county superintendent of schools and the Commission on Teacher Credentialing shall immediately notify the governing board of the school district employing the person. (b) If the school employee is a nonteacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the nonteacher and shall immediately give written notice of the arrest to the governing board of the school district employing the person. (Amended by Stats. 2003, Ch. 536, Sec. 2. Effective January 1, 2004.)
  17. 291.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain law-enforcement officers must immediately notify a private school when they arrest a teacher there for specified offenses, both in writing and by telephone, if they know the arrestee is a school employee.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 291.1. Every sheriff or chief of police, or Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290 or Section 44010 of the Education Code, of any person who is employed as a teacher in any private school of this state, shall, provided that he or she knows that the arrestee is a school employee, immediately give written notice of the arrest to the private school authorities employing the teacher. The sheriff, chief of police, or Commissioner of the California Highway Patrol, provided that he or she knows that the arrestee is a school employee, shall immediately notify by telephone the private school authorities employing the teacher of the arrest. (Amended by Stats. 2003, Ch. 536, Sec. 3. Effective January 1, 2004.)
  18. 291.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    If a specified teacher or instructor is arrested, the sheriff or chief of police must immediately notify the district superintendent by phone and the Chancellor’s Office in writing, and the district superintendent must then immediately notify the governing board.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 291.5. Every sheriff or chief of police, upon the arrest for any of the offenses enumerated in Section 290 or in subdivision (1) of Section 261 of any teacher or instructor employed in any community college district shall immediately notify by telephone the superintendent of the community college district employing the teacher or instructor and shall immediately give written notice of the arrest to the Office of the Chancellor of the California Community Colleges. Upon receipt of such notice, the district superintendent shall immediately notify the governing board of the community college district employing the person. (Added by Stats. 1983, Ch. 1032, Sec. 4.)
  19. 2910.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation may make agreements to transfer prisoners to local facilities, but only with required consent and cost 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. ) ## 2910. (a) The Secretary of the Department of Corrections and Rehabilitation may enter into an agreement with a city, county, or city and county to permit transfer of prisoners in the custody of the secretary to a jail or other adult correctional facility of the city, county, or city and county, if the sheriff or corresponding official having jurisdiction over the facility has consented thereto. The agreement shall provide for contributions to the city, county, or city and county toward payment of costs incurred with reference to such transferred prisoners. (b) When an agreement entered into pursuant to subdivision (a) is in effect with respect to a particular local facility, the secretary may transfer prisoners whose terms of imprisonment have been fixed and parole violators to the facility. (c) Prisoners so transferred to a local facility may, with approval of the secretary, participate in programs of the facility, including, but not limited to, work furlough rehabilitation programs. (d) Prisoners transferred to such facilities are subject to the rules and regulations of the facility in which they are confined, but remain under the legal custody of the Department of Corrections and Rehabilitation and shall be subject at any time, pursuant to the rules and regulations of the secretary, to be detained in the county jail upon the exercise of a state parole or correctional officer’s peace officer powers, as specified in Section 830.5, with the consent of the sheriff or corresponding official having jurisdiction over the facility. (e) The secretary, to the extent possible, shall select city, county, or city and county facilities in areas where medical, food, and other support services are available from nearby existing prison facilities. (f) The secretary, with the approval of the Department of General Services, may enter into an agreement to lease state property for a period not in excess of 20 years to be used as the site for a facility operated by a city, county, or city and county authorized by this section. (g) An agreement shall not be entered into under this section unless the cost per inmate in the facility is no greater than the average costs of keeping an inmate in a comparable facility of the department, as determined by the secretary. (h) This section shall become operative on January 1, 2020. (Amended (as added by Stats. 2013, Ch. 310, Sec. 14) by Stats. 2016, Ch. 33, Sec. 20. (SB 843) Effective June 27, 2016. Section operative January 1, 2020, by its own provisions.)
  20. 2910.5.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. )

    Verify source ↗

    The Director of Corrections may make a long-term prisoner-placement agreement, but the agreement must include security standards, case review steps, and limits on who may be placed in the 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. ) ## 2910.5. (a) Pursuant to Section 2910, the Director of Corrections may enter into a long-term agreement not to exceed 20 years with a city, county, or city and county to place parole violators and other state inmates in a facility which is specially designed and built for the incarceration of parole violators and specified state prison inmates. (b) The agreement shall provide that persons providing security at the facilities shall be peace officers as defined in Sections 830.1 and 830.55 who have satisfactorily met the minimum selection and training standards prescribed by the Board of Corrections for local correctional personnel established under Section 6035. (c) A parole violator or other inmate may be confined in a facility established under this section. (1) If convicted within the last 10 years of a violent felony, as defined in subdivision (c) of Section 667.5, or convicted of a crime, as defined in Sections 207, 210.5, 214, 217.1, or 220, or if that person has a history of escape or attempted escape, the Department of Corrections, prior to placing the parole violator or inmate in the facility, shall review each individual case to make certain that this placement is in keeping with the need to protect society. (2) No inmate or parole violator who has received a sentence of life imprisonment within the past 20 years shall be eligible. (3) The superintendent of the facility also shall review each individual case where the inmate or parolee has been convicted within the last 10 years of a crime specified in this subdivision and shall ascertain whether this is an appropriate placement. The superintendent shall reject those whom he or she determines are inappropriate due to their propensity for violence or escape and shall submit written findings for the rejection to the Department of Corrections. (4) No parole violator who receives a revocation sentence greater than 12 months shall be confined in a facility established under this section. (5) The Department of Corrections shall establish additional guidelines as to inmates eligible for the facilities. (d) In determining the reimbursement rate pursuant to an agreement entered into pursuant to subdivision (a), the director shall take into consideration the costs incurred by the city, county, or city and county for services and facilities provided and any other factors that are necessary and appropriate to fix the obligations, responsibilities, and rights of the respective parties. (e) Facilities operated by the county shall be under the supervision of the sheriff. Facilities operated by the city shall be under the supervision of a chief of police or a facility superintendent who shall have at least five years similar experience. (f) Cities or counties contracting with the Department of Corrections for a facility pursuant to this section shall be responsible for managing and maintaining the security of the facility pursuant to the regulations and direction of the Director of Corrections. No city or county may contract with any private provider to manage, operate, or maintain the security of the facility. (Amended by Stats. 1991, Ch. 1100, Sec. 4.)
  21. 2910.6.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. )

    Verify source ↗

    The Director of Corrections may make agreements with local governments to build and run certain correctional programs, if the agreements comply with applicable 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. ) ## 2910.6. The Director of Corrections may enter into an agreement consistent with applicable law for a city, county, or city and county to construct and operate community corrections programs, restitution centers, halfway houses, work furlough programs, or other correctional programs authorized by state law. (Added by Stats. 1987, Ch. 1450, Sec. 2.5.)
  22. 29100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee must comply with the prohibitions and requirements in this article.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29100. A licensee shall comply with the prohibitions and requirements described in this article. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  23. 29105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee may conduct the business only in the buildings named in the license.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29105. The business of a licensee shall be conducted only in the buildings designated in the license. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  24. 29110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee must display the license, or a department-certified copy, where it can be easily seen on the premises.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29110. A licensee shall display the license or a copy thereof, certified by the department, on the premises where it can easily be seen. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  25. 29115.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearms licensee must report a stolen or missing firearm within 48 hours after discovering it and keep records of lost or stolen firearms for at least 10 years.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29115. (a) Whenever a licensee discovers that a firearm has been stolen or is missing from the licensee’s premises, the licensee shall report the loss or theft within 48 hours of the discovery to all of the following: (1) The Department of Justice, in a manner prescribed by the department. (2) The federal Bureau of Alcohol, Tobacco, Firearms and Explosives. (3) The police department in the city or city and county where the building designated in the license is located. (4) If there is no police department in the city or city and county where the building designated in the license is located, the sheriff of the county where the building designated in the license is located. (b) For at least 10 years, the licensee shall maintain records of all firearms that are lost or stolen, as prescribed by the Department of Justice. (Amended by Stats. 2011, Ch. 296, Sec. 235. (AB 1023) Effective January 1, 2012.)
  26. 2912.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. )

    Verify source ↗

    The Board of Prison Terms must run a foreign prisoner transfer program that notifies eligible foreign-born inmates, encourages them to apply to return to their country of citizenship, and sends quarterly reports on its efforts.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. ) ## 2912. (a) Under its Foreign Prisoner Transfer Program, the Board of Prison Terms shall devise a method of notifying each foreign born inmate in a prison or reception center operated by the Department of Corrections that he or she may be eligible to serve his or her term of imprisonment in his or her nation of citizenship as provided in federal treaties. (b) (1) The Board of Prison Terms shall actively encourage each eligible foreign born inmate to apply for return to his or her nation of citizenship as provided in federal treaties and shall provide quarterly reports outlining its efforts under this section to the Chairperson of the Joint Legislative Budget Committee and the chairperson of each fiscal committee of the Legislature. (2) The Board of Prison Terms shall adopt the model program developed by the State of Texas for encouraging participation in the federal repatriation program where appropriate. (Amended by Stats. 2004, Ch. 924, Sec. 1. Effective January 1, 2005.)
  27. 29120.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee must require each employee to get and renew a certificate of eligibility annually before handling any firearm, and must keep employees who are barred from firearm possession away from firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29120. (a) A licensee shall require that each employee obtain a certificate of eligibility pursuant to Section 26710, which shall be renewed annually, before being allowed to come into contact with any firearm. (b) A licensee shall prohibit any employee who the licensee knows or reasonably should know is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm from coming into contact with any firearm. (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. 29125.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Licensees manufacturing firearms in this state must mark each firearm with a unique serial number by compression stamping, stamp it within one business day after the frame or receiver is made, and not reuse the same serial number on more than one firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29125. (a) Each firearm a licensee manufactures in this state shall be identified with a unique serial number stamped onto the firearm utilizing the method of compression stamping. (b) Licensed manufacturers who produce fewer than 500 firearms in a calendar year within this state may serialize long guns only by utilizing a method of compression stamping or by engraving the serial number onto the firearm. (c) The licensee shall stamp the serial number onto the firearm within one business day of the time the frame or receiver is manufactured. (d) The licensee shall not use the same serial number for more than one firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  29. 2913.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. )

    Verify source ↗

    A city must give notice to and consult with the county before contracting with the state under the cited sections.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Transfer of Prisoners [2910 - 2913] ( Heading of Article 1.5 amended by Stats. 1973, Ch. 187. ) ## 2913. A city shall give notice to, and consult with, the county prior to contracting with the state pursuant to Section 2910 of this code or Section 1753.3 of the Welfare and Institutions Code. (Added by Stats. 1987, Ch. 1450, Sec. 2.6.)
  30. 29130.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearms manufacturing licensee must keep detailed records of each firearm manufactured or acquired, update them within one business day, store them permanently at the licensed building, and make separate monthly backup copies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29130. (a) A licensee shall record the type, model, caliber, or gauge, and serial number of each firearm manufactured or acquired, and the date of the manufacture or acquisition, within one business day of the manufacture or acquisition. (b) The licensee shall maintain permanently within the building designated in the license the records required pursuant to subdivision (a). (c) Backup copies of the records described in subdivision (a), whether electronic or hard copy, shall be made at least once a month. These backup records shall be maintained in a facility separate from the one in which the primary records are stored. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  31. 29135.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearms manufacturing licensee must let the department inspect the licensed building, and must also let certain law enforcement or Justice Department personnel inspect facilities and records during business hours with proper identification.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29135. (a) A licensee shall allow the department to inspect the building designated in the license to ensure compliance with the requirements of this chapter. (b) A licensee shall allow any peace officer, authorized law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, to inspect facilities and records during business hours to ensure compliance with the requirements of this chapter. (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. 29140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee must store all manufactured firearms and firearm barrels in a secure facility.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29140. A licensee shall store in a secure facility all firearms manufactured and all barrels for firearms manufactured. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  33. 29141.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A licensee’s firearm storage facility must meet listed security conditions to qualify as a “secure facility.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29141. Except as otherwise provided in Section 29142, as used in this chapter, “secure facility” means that the facility satisfies all of the following: (a) The facility is equipped with a burglar alarm with central monitoring. (b) All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry. (c) All perimeter doorways are designed in one of the following ways: (1) A windowless steel security door equipped with both a deadbolt and a doorknob lock. (2) A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half of an inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (3) A metal grate that is padlocked and affixed to the licensee’s premises independent of the door and doorframe. (4) Hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door. (5) Hinges and hasps installed on doors so that they cannot be removed when the doors are closed and locked. (6) (A) A windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door. (B) The door shall have a latch guard over the bolt closest to the primary locking bolt to protect it from prying or cutting. (C) If the door is windowed and the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half of an inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (d) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system. (e) No perimeter metal grates are capable of being entered by any person. (f) Steel bars used to satisfy the requirements of this section are not capable of being entered by any person. (g) Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended. (h) Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards. (i) Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe. (Amended by Stats. 2025, Ch. 40, Sec. 2. (AB 584) Effective January 1, 2026.)
  34. 29142.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some licensed firearm manufacturers with low annual output may keep a secure facility by meeting Section 29141 requirements or by using a security plan approved by DOJ or ATF.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29142. (a) For purposes of this chapter, any licensed manufacturer who produces fewer than 500 firearms in a calendar year within this state may maintain a “secure facility” by complying with all of the requirements described in Section 29141, or may design a security plan that is approved by the Department of Justice or the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. (b) If a security plan is approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the approved plan, along with proof of approval, shall be filed with the Department of Justice and the local police department. If there is no police department, the filing shall be with the county sheriff’s office. (c) If a security plan is approved by the Department of Justice, the approved plan, along with proof of approval, shall be filed with the local police department. If there is no police department, the filing shall be with the county sheriff’s office. (Amended by Stats. 2011, Ch. 296, Sec. 236. (AB 1023) Effective January 1, 2012.)
  35. 29150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearms manufacturer licensee must notify local law enforcement where the licensed building is located, and if there is no police department, notify the county sheriff instead.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Manufacture Firearms [29030 - 29150] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Prohibitions and Requirements Applicable to Licensee [29100 - 29150] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29150. (a) A licensee shall notify the chief of police or other head of the municipal police department in the city or city and county where the building designated in the license is located that the licensee is manufacturing firearms within that city or city and county and the location of the licensed premises. (b) If there is no police department in the city or city and county where the building designated in the license is located, the licensee shall notify the sheriff of the county where the building designated in the license is located that the licensee is manufacturing firearms within that county and the location of the licensed premises. (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. 29180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    People who manufacture, assemble, own, sell, or help make certain firearms must follow serial-number application, engraving, notification, and transfer restrictions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29180. (a) For purposes of this chapter, “manufacturing” or “assembling” a firearm means to fabricate or construct a firearm, including through additive, subtractive, or other processes, or to fit together the component parts of a firearm to construct a firearm. (b) Before manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall, for any firearm that does not have a valid state or federal serial number or mark of identification imprinted on the frame or receiver, do all of the following: (1) (A) Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182. (B) Each application shall contain a description of the firearm that the applicant intends to assemble, the applicant’s full name, address, date of birth, and any other information that the department may deem appropriate. (2) (A) Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. (B) If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. (3) After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department. (c) Any person who owns a firearm or firearm precursor part that does not bear a valid state or federal serial number or mark of identification shall be deemed to be in compliance with subdivision (b) of Section 23920 if they comply with all of the following: (1) (A) By no later than January 1, 2024, or if a new resident of the state, within 60 days after arriving in the state with a firearm that does not have a valid state or federal serial number or mark of identification, apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182. (B) An application to the department for a serial number or mark of identification for a firearm precursor part shall include, in a manner prescribed by the department, information identifying the applicant and a description of the firearm that the applicant intends to manufacture or assemble with the firearm precursor part, and any other information that the department may deem appropriate. (2) Within 10 days of receiving a unique serial number or other mark of identification from the department, engrave or permanently affix that serial number or mark of identification to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction. (3) After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department. (d) (1) Except by operation of law, a person, corporation, or firm that is not a federally licensed firearms manufacturer shall not sell or transfer ownership of a firearm, as defined in subdivision (g) of Section 16520, if any of the following are true: (A) That person, corporation, or firm manufactured or assembled the firearm. (B) That person, corporation, or firm knowingly caused the firearm to be manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer. (C) That person, corporation, or firm is aware that the firearm was manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer. (2) Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency. (3) Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005. (4) Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2). (e) A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code. (f) A person, corporation, or firm shall not knowingly manufacture or assemble, or knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification. (g) If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty. (Amended by Stats. 2022, Ch. 76, Sec. 22. (AB 1621) Effective June 30, 2022.)
  37. 29182.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    The Department of Justice may process certain serial-number applications, but it must only grant them if the applicant meets listed eligibility and documentation requirements.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29182. (a) The Department of Justice may accept applications from, and may grant applications in the form of serial numbers pursuant to Sections 23910 and 29180 to, persons who wish to own a firearm or firearm precursor part that does not have a valid state or federal serial number or mark of identification. (b) An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following: (1) For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) Presents proof of age and identity as specified in Section 16400 demonstrating that person is 21 years of age or older. (3) Provides a description of the firearm that the applicant owns or intends to manufacture or assemble, in a manner prescribed by the department. (4) Has a valid firearm safety certificate. (c) The department shall inform applicants who are denied an application of the reasons for the denial in writing. The reason for denial may include, without limitation, any of the following: (1) Based on a firearm eligibility check conducted pursuant to Section 28220, the department has determined that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) Based on a firearm eligibility check conducted pursuant to Section 28220, the department is unable to ascertain the disposition of an arrest or criminal charge, is unable to ascertain the outcome of a mental health evaluation or treatment, or otherwise is unable to conclusively determine that the applicant is not ineligible. (3) The applicant’s description of the firearm that the applicant owns or intends to manufacture or assemble indicates that the firearm would be considered any of the following: (A) An unsafe handgun. (B) An assault weapon, as defined in Section 30510 or 30515. (C) A machinegun. (D) A .50 BMG rifle. (E) A destructive device, as defined in Section 16460. (F) A short-barreled rifle or short-barreled shotgun. (G) An unconventional pistol. (H) Any other firearm prohibited by this part. (d) (1) All applications received on or after January 1, 2024, shall be granted or denied within 90 calendar days after the receipt of the application by the department. (2) Any application received before January 1, 2024, may be granted or denied within a period of time prescribed by the department. (e) (1) This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460. (2) This chapter does not authorize a person to manufacture or assemble an unsafe handgun, as defined in Section 31910. (f) The department shall adopt regulations to administer this chapter. (Amended by Stats. 2022, Ch. 76, Sec. 24. (AB 1621) Effective June 30, 2022.)
  38. 29183.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues, and the money must be deposited into the Dealers’ Record of Sale Special Account of the General Fund.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29183. The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues in an amount sufficient to reimburse it for the actual costs associated with assigning a distinguishing number or mark to a firearm pursuant to Sections 29180 and 29182 and for conducting a firearms eligibility check pursuant to paragraph (1) of subdivision (b) of Section 29182. All money received pursuant to this section shall be deposited in the Dealers’ Record of Sale Special Account of the General Fund, to be available upon appropriation by the Legislature. (Amended by Stats. 2018, Ch. 780, Sec. 6. (SB 746) Effective January 1, 2019.)
  39. 29184.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    The Department of Justice must keep certain firearm-related information and provide it when requested.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29184. The Department of Justice shall maintain and make available upon request information concerning both of the following: (a) The number of serial numbers issued pursuant to Section 29182. (b) The number of arrests for violations of Section 29180. (Added by Stats. 2016, Ch. 60, Sec. 4. (AB 857) Effective January 1, 2017.)
  40. 29185.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    This section generally forbids non-licensed people from using, selling, transferring, possessing, purchasing, or receiving CNC milling machines or 3D printers used to make firearms, with stated exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29185. (a) No person, other than a state-licensed firearms manufacturer, shall use a computer numerical control (CNC) milling machine or three-dimensional printer to manufacture a firearm. (b) It is unlawful to sell, offer to sell, or transfer a CNC milling machine or three-dimensional printer that has the sole or primary function of manufacturing firearms to any person in this state, other than a state-licensed firearms manufacturer. (c) It is unlawful for any person in this state other than a state-licensed firearms manufacturer to possess, purchase, or receive a CNC milling machine or three-dimensional printer that has the sole or primary function of manufacturing firearms. (d) Subdivisions (b) and (c) do not apply to any of the following: (1) A person who is engaged in the business of selling manufacturing equipment to a state-licensed firearms manufacturer, and who possesses a CNC milling machine or three-dimensional printer with the intent to sell or transfer the CNC milling machine or three-dimensional printer to a state licensed firearms manufacturer. (2) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property. (3) A person who, before June 30, 2022, possessed a CNC milling machine that has the sole or primary function of manufacturing firearms and who, within 90 days after that date, does one of the following: (A) Sells or transfers the machine to a federally licensed firearms manufacturer or importer. (B) Sells or transfers the machine to a person described in paragraph (1). (C) Removes the machine from this state. (D) Relinquished the machine to a law enforcement agency. (E) Otherwise lawfully terminates possession of the machine. (4) A person who, before July 1, 2024, possessed a three-dimensional printer that has the sole or primary function of manufacturing firearms and who, within 90 days after that date, does one of the following: (A) Sells or transfers the machine to a state-licensed firearms manufacturer. (B) Sells or transfers the machine to a person described in paragraph (1). (C) Removes the machine from this state. (D) Relinquishes the machine to a law enforcement agency. (E) Otherwise lawfully terminates possession of the machine. (e) This section does not apply to any member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory. (f) A violation of this section is punishable as a misdemeanor. (g) As used in this section, the following terms are defined as follows: (1) “State-licensed firearms manufacturer” has the same meaning as the term “licensee” is defined in Section 29030. (2) “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object. (Amended by Stats. 2023, Ch. 243, Sec. 4. (AB 1089) Effective January 1, 2024.)
  41. 29186.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. )

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    It is unlawful to knowingly help, encourage, or cause unlawful firearm manufacture; violating the section 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 7. MANUFACTURE OF FIREARMS [29010 - 29186] ( Division 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Assembly of Firearms [29180 - 29186] ( Chapter 3 added by Stats. 2016, Ch. 60, Sec. 4. ) ## 29186. (a) It is unlawful to knowingly or willfully cause another person to engage in the unlawful manufacture of firearms, or to knowingly or willfully aid, abet, promote, or facilitate the unlawful manufacture of firearms. (b) For the purposes of this section, the “unlawful manufacture of firearms” includes any of the following: (1) The manufacture of a firearm by a minor, or by a person who is prohibited from owning or possessing firearms under California law. (2) The manufacture of four or more firearms within the state in the same calendar year by an individual who is not licensed to manufacture firearms pursuant to California law, in violation of Section 29010. (3) The manufacture of any firearm using a three-dimensional printer or computer numerical control (CNC) milling machine by an individual who is not licensed to manufacture firearms pursuant to California law, in violation of Section 29185. (4) The manufacture of a firearm by a person who is not a federally licensed firearms manufacturer, for the purpose of selling or transferring ownership of that firearm to another person who is not a federally licensed firearms manufacturer, in violation of subdivision (d) of Section 29180. (5) The manufacture of a firearm for the purpose of selling, loaning, or transferring the firearm to another person, with the intent to complete the sale, loan, or transfer without a required background check on the transferee initiated by a licensed firearms dealer, in violation of Section 27520. (6) The manufacture of any of the following: (A) Assault weapons or .50 BMG rifles, in violation of Section 30600. (B) Firearms that are not immediately recognizable as firearms, in violation of Section 24510. (C) Firearms that are not imprinted with a valid state or federal serial number or mark of identification, in violation of subdivision (f) of Section 29180. (D) Large-capacity magazines or large-capacity magazine conversion kits, in violation of Section 32310 or 32311. (E) Machineguns, in violation of Section 32625. (F) Multiburst trigger activators, in violation of Section 32900. (G) Short-barreled rifles or short-barreled shotguns, in violation of Section 33215. (H) Undetectable firearms, in violation of Section 24610. (I) Unsafe handguns, in violation of Section 32000. (J) Zip guns, in violation of Section 33600. (K) Any other weapon defined as a “generally prohibited weapon” under Section 16590. (c) A violation of this section is a misdemeanor. (Added by Stats. 2025, Ch. 636, Sec. 6. (AB 1263) Effective January 1, 2026.)
  42. 292.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section states that certain listed sex offense violations are to be treated as felony offenses involving violence and great bodily harm for a specific constitutional purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 292. It is the intention of the Legislature in enacting this section to clarify that for the purposes of subdivisions (b) and (c) of Section 12 of Article I of the California Constitution, a violation of paragraph (2) or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (c) or (d) of Section 286, subdivision (c) or (d) of Section 287 or former Section 288a, subdivision (b) of Section 288, or subdivision (a) of Section 289, shall be deemed to be a felony offense involving an act of violence and a felony offense involving great bodily harm. (Amended by Stats. 2021, Ch. 626, Sec. 26. (AB 1171) Effective January 1, 2022.)
  43. 293.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Law enforcement employees must tell sex-offense reporters their name may become public unless they ask for confidentiality, and law enforcement agencies must keep certain victim information confidential.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 293. (a) An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that the person’s name will become a matter of public record unless the person requests that it not become a matter of public record, pursuant to Section 7923.615 of the Government Code. (b) A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize the victim’s response. (c) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense. (d) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense if that person has elected to exercise the person’s right pursuant to this section and Section 7923.615 of the Government Code. (e) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies if authorized or required by law, names, addresses, or images of a person who alleges to be the victim of human trafficking, as defined in Section 236.1, or of that alleged victim’s immediate family, other than a family member who is charged with a criminal offense arising from the same incident, and that information and those images shall be withheld and remain confidential. The law enforcement agency shall orally inform the person who alleges to be the victim of human trafficking of that person’s right to have the person’s name, addresses, and images, and the names, addresses, and images of the person’s immediate family members withheld and kept confidential pursuant to this section and Section 7923.615 of the Government Code. For purposes of this subdivision, “immediate family” shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. (f) For purposes of this section, sex offense means any crime listed in subdivision (b) of Section 7923.615 of the Government Code. (g) Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivisions (c), (d), and (e) only if the person to whom the information pertains alleges that the person is the victim of a sex offense or is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department. (Amended by Stats. 2021, Ch. 615, Sec. 334. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  44. 293.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    A court may let an alleged victim be identified as Jane Doe or John Doe on request, and must give the jury a privacy instruction if it does so and there is a jury trial.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 293.5. (a) Except as provided in Chapter 10 (commencing with Section 1054) of Part 2 of Title 7, or for cases in which the alleged victim of a sex offense, as specified in subdivision (f) of Section 293, has not elected to exercise the alleged victim’s right pursuant to Section 7923.615 of the Government Code, the court, at the request of the alleged victim, may order the identity of the alleged victim in all records and during all proceedings to be either Jane Doe or John Doe, if the court finds that type of order is reasonably necessary to protect the privacy of the person and will not unduly prejudice the prosecution or the defense. (b) If the court orders the alleged victim to be identified as Jane Doe or John Doe pursuant to subdivision (a) and if there is a jury trial, the court shall instruct the jury, at the beginning and at the end of the trial, that the alleged victim is being so identified only for the purpose of protecting the alleged victim’s privacy pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 335. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  45. 2930.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections must give specified prisoners information about prison rules, program availability, and possible sentence reductions, and the prisoner’s central file must show compliance.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2930. (a) The Department of Corrections shall inform every prisoner sentenced under Section 1170, for a crime committed prior to January 1, 1983, not later than 14 days after reception in prison, of all applicable prison rules and regulations including the possibility of receiving a one-third reduction of the sentence for good behavior and participation. Within 14 days of the prisoner’s arrival at the institution to which the prisoner is ultimately assigned by the Department of Corrections, the prisoner shall be informed of the range of programs offered by that institution and their availability at that institution. The prisoner’s central file shall reflect compliance with the provisions of this section not later than 90 days after reception in prison. (b) The department shall, within 90 days after July 1, 1977, inform every prisoner who committed a felony before July 1, 1977, and who would have been sentenced under Section 1170 if the felony had been committed after July 1, 1977, of all applicable prison rules and regulations, which have not previously been provided, of the range of programs offered and their availability, and the possibility of receiving a reduction for good behavior and participation of one-third of the prisoner’s remaining sentence after July 1, 1977. The prisoner’s central file shall reflect compliance with the provisions of this section. (Amended by Stats. 1982, Ch. 1234, Sec. 1.)
  46. 29300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [29300 - 29305] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearm used or possessed in certain unlawful ways can be treated as a nuisance and is subject to related sections, unless a stated exception applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [29300 - 29305] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29300. (a) Except as provided in subdivision (c), a firearm of any nature owned or possessed in violation of Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Chapter 3 (commencing with Section 8100) of Division 5 of the Welfare and Institutions Code, or used in the commission of any misdemeanor as provided in this code, any felony, or an attempt to commit any misdemeanor as provided in this code or any felony, is, upon a conviction of the defendant or upon a juvenile court finding that an offense which would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, a nuisance, and is subject to Sections 18000 and 18005. (b) A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section. (c) A firearm is not a nuisance pursuant to this section if the firearm owner disposes of the firearm pursuant to Section 29810. (d) This section does not apply to any of the following: (1) Any firearm in the possession of the Department of Fish and Game. (2) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto. (3) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  47. 29305.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [29300 - 29305] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must collect and report specified firearms-arrest data and issue an annual report starting July 1, 2025.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [29300 - 29305] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29305. (a) The Department of Justice shall collect and report data on arrests made by law enforcement agencies for offenses related to firearms without a valid state or federal serial number. The department shall collect and report the following data: (1) The number of arrests for violations of Section 23920. (2) The number of arrests for violations of Section 29180. (3) Until January 1, 2029, the disposition of violations of Sections 23920 and 29180, including, without limitation, the number of cases resulting in each of the following dispositions: (A) An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency. (B) An arrest was made, but no charges were filed by the district attorney or other prosecuting agency. (C) The case was dismissed after charging, either by the court or the district attorney. (D) The defendant was acquitted. (E) The defendant was convicted, whether by trial or by plea. (4) Commencing on January 1, 2029, the disposition of violations of Sections 23920 and 29180 based on the information reported to the department pursuant to subdivision (e) of Section 13370, including, without limitation, the number of cases resulting in each of the following dispositions: (A) An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency. (B) An arrest was made, but no charges were filed by the district attorney or other prosecuting agency. (C) The case was dismissed after charging, either by the court or the district attorney. (D) The defendant was acquitted by trial. (E) The defendant was convicted by plea. (F) The defendant was convicted by trial. (b) Commencing on July 1, 2025, and annually thereafter, the department shall issue a report that includes the data collected pursuant to subdivision (a). This report shall be made available in the same manner as described in subdivision (g) of Section 13010. (c) This section shall remain in effect until January 1, 2033, and as of that date is repealed. (Added by Stats. 2023, Ch. 233, Sec. 1. (AB 97) Effective January 1, 2024. Repealed as of January 1, 2033, by its own provisions.)
  48. 2931.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections may reduce certain prisoners’ terms for good behavior and participation, and prisoners may be entitled to a hearing if the department changes the stated conditions for earning credit.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2931. (a) In any case in which a prisoner was sentenced to the state prison pursuant to Section 1170, or if he committed a felony before July 1, 1977, and he would have been sentenced under Section 1170 if the felony had been committed after July 1, 1977, the Department of Corrections shall have the authority to reduce the term prescribed under such section by one-third for good behavior and participation consistent with subdivision (d) of Section 1170.2. A document shall be signed by a prison official and given to the prisoner, at the time of compliance with Section 2930, outlining the conditions which the prisoner shall meet to receive the credit. The conditions specified in such document may be modified upon any of the following: (1) Mutual consent of the prisoner and the Department of Corrections. (2) The transfer of the prisoner from one institution to another. (3) The department’s determination of the prisoner’s lack of adaptability or success in a specific program or assignment. In such case the prisoner shall be entitled to a hearing regarding the department’s decision. (4) A change in custodial status. (b) Total possible good behavior and participation credit shall result in a four-month reduction for each eight months served in prison or in a reduction based on this ratio for any lesser period of time. Three months of this four-month reduction, or a reduction based on this ratio for any lesser period, shall be based upon forbearance from any act for which the prisoner could be prosecuted in a court of law, either as a misdemeanor or a felony, or any act of misconduct described as a serious disciplinary infraction by the Department of Corrections. (c) One month of this four-month reduction, or a reduction based on this ratio for a lesser period, shall be based solely upon participation in work, educational, vocational, therapeutic or other prison activities. Failure to succeed after demonstrating a reasonable effort in the specified activity shall not result in loss of participation credit. Failure to participate in the specified activities can result in a maximum loss of credit of 30 days for each failure to participate. However, those confined for other than behavior problems shall be given specified activities commensurate with the custodial status. (d) This section shall not apply to any person whose crime was committed on or after January 1, 1983. (Amended by Stats. 1982, Ch. 1234, Sec. 2.)
  49. 2932.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    This section limits how much prison credit can be denied or lost for misconduct and sets notice, hearing, and appeal rights.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2932. (a) (1) For any time credit accumulated pursuant to Section 2931 or 2933, not more than 360 days of credit may be denied or lost for a single act of murder, attempted murder, solicitation of murder, manslaughter, rape, sodomy, or oral copulation accomplished against the victim’s will, attempted rape, attempted sodomy, or attempted oral copulation accomplished against the victim’s will, assault or battery causing serious bodily injury, assault with a deadly weapon or caustic substance, taking of a hostage, escape with force or violence, or possession or manufacture of a deadly weapon or explosive device, whether or not prosecution is undertaken for purposes of this paragraph. Solicitation of murder shall be proved by the testimony of two witnesses, or of one witness and corroborating circumstances. (2) Not more than 180 days of credit may be denied or lost for a single act of misconduct, except as specified in paragraph (1), which could be prosecuted as a felony whether or not prosecution is undertaken. (3) Not more than 90 days of credit may be denied or lost for a single act of misconduct which could be prosecuted as a misdemeanor, whether or not prosecution is undertaken. (4) Not more than 30 days of credit may be denied or lost for a single act of misconduct defined by regulation as a serious disciplinary offense by the Department of Corrections and Rehabilitation. Any person confined due to a change in custodial classification following the commission of any serious disciplinary infraction shall, in addition to any loss of time credits, be ineligible to receive participation or worktime credit for a period not to exceed the number of days of credit which have been lost for the act of misconduct or 180 days, whichever is less. Any person confined in a secure housing unit for having committed any misconduct specified in paragraph (1) in which great bodily injury is inflicted upon a nonprisoner shall, in addition to any loss of time credits, be ineligible to receive participation or worktime credit for a period not to exceed the number of days of credit which have been lost for that act of misconduct. In unusual cases, an inmate may be denied the opportunity to participate in a credit qualifying assignment for up to six months beyond the period specified in this subdivision if the Secretary of the Department of Corrections and Rehabilitation finds, after a hearing, that no credit qualifying program may be assigned to the inmate without creating a substantial risk of physical harm to staff or other inmates. At the end of the six-month period and of successive six-month periods, the denial of the opportunity to participate in a credit qualifying assignment may be renewed upon a hearing and finding by the director. (5) The prisoner may appeal the decision through the department’s review procedure, which shall include a review by an individual independent of the institution who has supervisorial authority over the institution. (b) For any credit accumulated pursuant to Section 2931, not more than 30 days of participation credit may be denied or lost for a single failure or refusal to participate. Any act of misconduct described by the Department of Corrections and Rehabilitation as a serious disciplinary infraction if committed while participating in work, educational, vocational, therapeutic, or other prison activity shall be deemed a failure to participate. (c) Any procedure not provided for by this section, but necessary to carry out the purposes of this section, shall be those procedures provided for by the Department of Corrections and Rehabilitation for serious disciplinary infractions if those procedures are not in conflict with this section. (1) (A) The Department of Corrections and Rehabilitation shall, using reasonable diligence to investigate, provide written notice to the prisoner. The written notice shall be given within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, except that if the prisoner has escaped, the notice shall be given within 15 days of the prisoner’s return to the custody of the secretary. The written notice shall include the specific charge, the date, the time, the place that the alleged misbehavior took place, the evidence relied upon, a written explanation of the procedures that will be employed at the proceedings and the prisoner’s rights at the hearing. The hearing shall be conducted by an individual who shall be independent of the case and shall take place within 30 days of the written notice. (B) The Department of Corrections and Rehabilitation may delay written notice beyond 15 days when all of the following factors are true: (i) An act of misconduct is involved which could be prosecuted as murder, attempted murder, or assault on a prison employee, whether or not prosecution is undertaken. (ii) Further investigation is being undertaken for the purpose of identifying other prisoners involved in the misconduct. (iii) Within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, the investigating officer makes a written request to delay notifying that prisoner and states the reasons for the delay. (iv) The warden of the institution approves of the delay in writing. The period of delay under this paragraph shall not exceed 30 days. The prisoner’s hearing shall take place within 30 days of the written notice. (2) The prisoner may elect to be assigned an employee to assist in the investigation, preparation, or presentation of a defense at the disciplinary hearing if it is determined by the department that either of the following circumstances exist: (A) The prisoner is illiterate. (B) The complexity of the issues or the prisoner’s confinement status makes it unlikely that the prisoner can collect and present the evidence necessary for an adequate comprehension of the case. (3) The prisoner may request witnesses to attend the hearing and they shall be called unless the person conducting the hearing has specific reasons to deny this request. The specific reasons shall be set forth in writing and a copy of the document shall be presented to the prisoner. (4) The prisoner has the right, under the direction of the person conducting the hearing, to question all witnesses. (5) At the conclusion of the hearing the charge shall be dismissed if the facts do not support the charge, or the prisoner may be found guilty on the basis of a preponderance of the evidence. (d) If found guilty the prisoner shall be advised in writing of the guilty finding and the specific evidence relied upon to reach this conclusion and the amount of time-credit loss. The prisoner may appeal the decision through the department’s review procedure, and may, upon final notification of appeal denial, within 15 days of the notification demand review of the department’s denial of credit to the Board of Parole Hearings, and the board may affirm, reverse, or modify the department’s decision or grant a hearing before the board at which hearing the prisoner shall have the rights specified in Section 3041.5. (e) Each prisoner subject to Section 2931 shall be notified of the total amount of good behavior and participation credit which may be credited pursuant to Section 2931, and his or her anticipated time-credit release date. The prisoner shall be notified of any change in the anticipated release date due to denial or loss of credits, award of worktime credit, under Section 2933, or the restoration of any credits previously forfeited. (f) (1) If the conduct the prisoner is charged with also constitutes a crime, the department may refer the case to criminal authorities for possible prosecution. The department shall notify the prisoner, who may request postponement of the disciplinary proceedings pending the referral. (2) The prisoner may revoke his or her request for postponement of the disciplinary proceedings up until the filing of the accusatory pleading. In the event of the revocation of the request for postponement of the proceeding, the department shall hold the hearing within 30 days of the revocation. (3) Notwithstanding the notification requirements in this paragraph and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in the event the case is referred to criminal authorities for prosecution and the authority requests that the prisoner not be notified so as to protect the confidentiality of its investigation, no notice to the prisoner shall be required until an accusatory pleading is filed with the court, or the authority notifies the warden, in writing, that it will not prosecute or it authorizes the notification of the prisoner. The notice exceptions provided for in this paragraph shall only apply if the criminal authority requests of the warden, in writing, and within the 15 days provided in subparagraph (A) of paragraph (1) of subdivision (c), that the prisoner not be notified. Any period of delay of notice to the prisoner shall not exceed 30 days beyond the 15 days referred to in subdivision (c). In the event that no prosecution is undertaken, the procedures in subdivision (c) shall apply, and the time periods set forth in that subdivision shall commence to run from the date the warden is notified in writing of the decision not to prosecute. In the event the authority either cancels its requests that the prisoner not be notified before it makes a decision on prosecution or files an accusatory pleading, the provisions of this paragraph shall apply as if no request had been received, beginning from the date of the cancellation or filing. (4) In the case where the prisoner is prosecuted by the district attorney, the Department of Corrections and Rehabilitation shall not deny time credit where the prisoner is found not guilty and may deny credit if the prisoner is found guilty, in which case the procedures in subdivision (c) shall not apply. (g) If time credit denial proceedings or criminal prosecution prohibit the release of a prisoner who would have otherwise been released, and the prisoner is found not guilty of the alleged misconduct, the amount of time spent incarcerated, in excess of what the period of incarceration would have been absent the alleged misbehavior, shall be deducted from the prisoner’s parole period. (h) Nothing in the amendments to this section made at the 1981–82 Regular Session of the Legislature shall affect the granting or revocation of credits attributable to that portion of the prisoner’s sentence served prior to January 1, 1983. (Amended by Stats. 2012, Ch. 162, Sec. 130. (SB 1171) Effective January 1, 2013.)
  50. 2932.5.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    A prisoner found by a trial court to be a vexatious litigant must lose or be denied 30 days of work time credit under Section 2933.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2932.5. A prisoner who is found by a trial court to be a vexatious litigant as defined by Section 391 of the Code of Civil Procedure, shall be denied or lose 30 days of work time credit awarded under Section 2933. (Added by Stats. 1996, Ch. 852, Sec. 1. Effective January 1, 1997.)
  51. 2933.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    This section sets how prison credit is earned, limited, forfeited, and sometimes restored.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933. (a) It is the intent of the Legislature that persons convicted of a crime and sentenced to the state prison under Section 1170 serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation pursuant to this section and Section 2933.05. (b) For every six months of continuous incarceration, a prisoner shall be awarded credit reductions from his or her term of confinement of six months. A lesser amount of credit based on this ratio shall be awarded for any lesser period of continuous incarceration. Credit should be awarded pursuant to regulations adopted by the secretary. Prisoners who are denied the opportunity to earn credits pursuant to subdivision (a) of Section 2932 shall be awarded no credit reduction pursuant to this section. Under no circumstances shall any prisoner receive more than six months’ credit reduction for any six-month period under this section. (c) Credit is a privilege, not a right. Credit must be earned and may be forfeited pursuant to the provisions of Section 2932. Except as provided in subdivision (a) of Section 2932, every eligible prisoner shall have a reasonable opportunity to participate. (d) Under regulations adopted by the Department of Corrections and Rehabilitation, which shall require a period of not more than one year free of disciplinary infractions, credit which has been previously forfeited may be restored by the secretary. The regulations shall provide for separate classifications of serious disciplinary infractions as they relate to restoration of credits, the time period required before forfeited credits or a portion thereof may be restored, and the percentage of forfeited credits that may be restored for these time periods. For credits forfeited as specified in paragraph (1) of subdivision (a) of Section 2932, the Department of Corrections and Rehabilitation may provide that up to 180 days of lost credit shall not be restored and up to 90 days of credit shall not be restored for a forfeiture resulting from conspiracy or attempts to commit one of those acts. No credits may be restored if they were forfeited for a serious disciplinary infraction in which the victim died or was permanently disabled. Upon application of the prisoner and following completion of the required time period free of disciplinary offenses, forfeited credits eligible for restoration under the regulations for disciplinary offenses other than serious disciplinary infractions punishable by a credit loss of more than 90 days shall be restored unless, at a hearing, it is found that the prisoner refused to accept or failed to perform in a credit qualifying assignment, or extraordinary circumstances are present that require that credits not be restored. “Extraordinary circumstances” shall be defined in the regulations adopted by the secretary. However, in any case in which credit was forfeited for a serious disciplinary infraction punishable by a credit loss of more than 90 days, restoration of credit shall be at the discretion of the secretary. The prisoner may appeal the finding through the Department of Corrections and Rehabilitation’s review procedure, which shall include a review by an individual independent of the institution who has supervisorial authority over the institution. (e) The provisions of subdivision (d) shall also apply in cases of credit forfeited under Section 2931 for offenses and serious disciplinary infractions occurring on or after January 1, 1983. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 16. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  52. 2933.05.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    The department may give prisoners program credit reductions for approved rehabilitation participation, but limits apply and some prisoners are excluded.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.05. (a) In addition to any credit awarded pursuant to Section 2933, the department may also award a prisoner program credit reductions from his or her term of confinement as provided in this section. Within 90 days of the enactment of this section, the secretary shall promulgate regulations that provide for credit reductions for inmates who successfully complete specific program performance objectives for approved rehabilitative programming ranging from credit reduction of not less than one week to credit reduction of no more than six weeks for each performance milestone. Regulations promulgated pursuant to this subdivision shall specify the credit reductions applicable to distinct objectives in a schedule of graduated program performance objectives concluding with the successful completion of an in-prison rehabilitation program. Commencing upon the promulgation of those regulations, the department shall thereafter calculate and award credit reductions authorized by this section. However, a prisoner may not have his or her term of imprisonment reduced more than six weeks for credits awarded pursuant to this section during any 12-month period of continuous confinement. (b) Program credit is a privilege, not a right. Prisoners shall have a reasonable opportunity to participate in program credit qualifying assignments in a manner consistent with institutional security and available resources. Assignments made to program credit qualifying programs shall be made in accordance with the prisoner’s case plan, when available. (c) As used in this section, “approved rehabilitation programming” shall include, but is not limited to, academic programs, vocational programs, vocational training, and core programs such as anger management and social life skills, and substance abuse programs. (d) Credits awarded pursuant to this section may be forfeited pursuant to the provisions of Section 2932. Inmates shall not be eligible for program credits that result in an inmate overdue for release. (e) The following prisoners shall not be eligible for program credits pursuant to this section: (1) Any person serving a term of imprisonment for an offense specified in subdivision (c) of Section 667.5. (2) Any person sentenced to state prison pursuant to Section 1170.12 or subdivisions (b) to (i), inclusive, of Section 667. (3) Any person required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (4) Any person serving a term of imprisonment as a result of a violation of parole without a new term. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 39. (SB 18 3x) Effective January 25, 2010.)
  53. 2933.1.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    Certain people convicted of specified felonies may earn no more than 15% worktime credit, and related jail custody credits are also capped at 15%.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.1. (a) Notwithstanding any other law, any person who is convicted of a felony offense listed in subdivision (c) of Section 667.5 shall accrue no more than 15 percent of worktime credit, as defined in Section 2933. (b) The 15-percent limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law. However, nothing in subdivision (a) shall affect the requirement of any statute that the defendant serve a specified period of time prior to minimum parole eligibility, nor shall any offender otherwise statutorily ineligible for credit be eligible for credit pursuant to this section. (c) Notwithstanding Section 4019 or any other provision of law, the maximum credit that may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest and prior to placement in the custody of the Director of Corrections, shall not exceed 15 percent of the actual period of confinement for any person specified in subdivision (a). (d) This section shall only apply to offenses listed in subdivision (a) that are committed on or after the date on which this section becomes operative. (Amended by Stats. 2002, Ch. 787, Sec. 25. Effective January 1, 2003.)
  54. 2933.2.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    People convicted of murder cannot earn certain custody credits, and the rule also bars Section 4019 credit against confinement after arrest for those 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.2. (a) Notwithstanding Section 2933.1 or any other law, any person who is convicted of murder, as defined in Section 187, shall not accrue any credit, as specified in Section 2933 or Section 2933.05. (b) The limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law. (c) Notwithstanding Section 4019 or any other provision of law, no credit pursuant to Section 4019 may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest for any person specified in subdivision (a). (d) This section shall only apply to murder that is committed on or after the date on which this section becomes operative. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 40. (SB 18 3x) Effective January 25, 2010.)
  55. 2933.3.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    Some inmates assigned to conservation camps or firefighter-related assignments earn enhanced credit toward their sentence.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.3. (a) Notwithstanding any other law, any inmate assigned to a conservation camp by the Department of Corrections and Rehabilitation, who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 2933 shall instead earn two days of credit for every one day of service. The enhanced credit authorized pursuant to this subdivision shall only apply to those prisoners eligible after January 1, 2003. (b) Notwithstanding any other law, any inmate who has completed training for assignment to a conservation camp or to a correctional institution as an inmate firefighter or who is assigned to a correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 2933 shall instead earn two days of credit for every one day served in that assignment or after completing that training. (c) In addition to credits granted pursuant to subdivision (a) or (b), inmates who have successfully completed training for firefighter assignments shall receive a credit reduction from his or her term of confinement pursuant to regulations adopted by the secretary. (d) The credits authorized in subdivisions (b) and (c) shall only apply to inmates who are eligible after July 1, 2009. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 41. (SB 18 3x) Effective January 25, 2010.)
  56. 2933.5.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    Some people convicted of listed felonies, with two prior convictions and two prior prison terms for those listed offenses, cannot earn credit on their prison term under this article.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.5. (a) (1) Notwithstanding any other law, a person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on the person’s term of imprisonment pursuant to this article. (2) As used in this subdivision, “felony offense” includes any of the following: (A) Murder, as defined in Sections 187 and 189. (B) Voluntary manslaughter, as defined in subdivision (a) of Section 192. (C) Mayhem, as defined in Section 203. (D) Aggravated mayhem, as defined in Section 205. (E) Kidnapping, as defined in Section 207, 209, or 209.5. (F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244. (G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (H) Sodomy by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286. (I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286. (J) Lewd or lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288. (K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 287 or of former Section 288a. (L) Continuous sexual abuse of a child, as described in Section 288.5. (M) Sexual penetration, as described in subdivision (a) of Section 289. (N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750. (O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7. (b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law. (c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility. (d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. (Amended by Stats. 2021, Ch. 626, Sec. 57. (AB 1171) Effective January 1, 2022.)
  57. 2933.6.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must adopt regulations to let specified inmates in segregation housing earn credits, and must include a way for inmates to earn credits by completing certain program objectives.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.6. The Department of Corrections and Rehabilitation shall, no later than July 1, 2017, establish regulations to allow specified inmates placed in segregation housing to earn credits pursuant to Section 2933 or 2933.05, or credits as otherwise specified in regulation, during the time he or she is in segregation housing. The regulations may establish separate classifications of serious disciplinary infractions to determine the rate of restoration of credits, the time period required before forfeited credits or a portion thereof may be restored, and the percentage of forfeited credits that may be restored for those time periods, not to exceed those percentages authorized for general population inmates. The regulations shall provide for credit earning for inmates who successfully complete specific program performance objectives. (Repealed and added by Stats. 2016, Ch. 191, Sec. 2. (SB 759) Effective January 1, 2017.)
  58. 2933.7.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must run programming to reduce disruptions, wait times, and conflicts for incarcerated people, while keeping programming accessible and varied.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2933.7. In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated people’s growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that accomplishes all of the following: (a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated person’s programming. To accomplish this, the department shall solicit and prioritize voluntary facility transfers first. (b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available. (c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming for reasons including, but not limited to, a security or medical concern. (d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming. (e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities. (f) Minimizes conflicts with an incarcerated person’s work schedule. (g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility. (h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. (Added by Stats. 2021, Ch. 579, Sec. 2. (AB 292) Effective January 1, 2022.)
  59. 2934.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    A prisoner who is subject to Section 2931 may waive the right to receive those time credits, but must apply in writing to 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2934. Under rules prescribed by the Secretary of the Department of Corrections and Rehabilitation, a prisoner subject to the provisions of Section 2931 may waive the right to receive time credits as provided in Section 2931 and be subject to the provisions of Section 2933. In order to exercise a waiver under this section, a prisoner must apply in writing to the Department of Corrections. A prisoner exercising a waiver under this section shall retain only that portion of good behavior and participation credits, which have not been forfeited pursuant to Section 2932, attributable to the portion of the sentence served by the prisoner prior to the effective date of the waiver. A waiver under this section shall, if accepted by the department, become effective at a time to be determined by the Secretary of the Department of Corrections and Rehabilitation. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 45. (SB 18 3x) Effective January 25, 2010.)
  60. 2935.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

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    The Secretary of the Department of Corrections and Rehabilitation may grant up to 12 extra months of sentence reduction to a prisoner who meets the listed achievement or safety-assistance conditions, under the director’s guidelines.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2935. Under the guidelines prescribed by the rules and regulations of the director, the Secretary of the Department of Corrections and Rehabilitation may grant up to 12 additional months of reduction of the sentence to a prisoner who has performed a heroic act in a life-threatening situation, or who has provided exceptional assistance in maintaining the safety and security of a prison. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 46. (SB 18 3x) Effective January 25, 2010.)
  61. 2936.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must send a report when it proposes certain regulatory changes affecting inmate credit earning.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Credit on Term of Imprisonment [2930 - 2936] ( Article 2.5 added by Stats. 1976, Ch. 1139. ) ## 2936. (a) The Department of Corrections and Rehabilitation shall submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the department proposes regulatory changes pursuant to Section 32 of Article I of the California Constitution that would affect inmate credit earning. (b) A report required pursuant to subdivision (a) shall include both of the following: (1) An explanation of the rationale for each of the proposed changes to credit earning. (2) An estimate of the impact of the proposed changes to credit earning on the size of inmate and parolee populations. (c) Reports required pursuant to subdivision (a) shall be submitted on or before the day that the regulatory changes are first submitted to the Office of Administrative Law. (Added by Stats. 2019, Ch. 25, Sec. 41. (SB 94) Effective June 27, 2019.)
  62. 294.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    A court may order restitution fines for convictions under specified sex offense sections, with different maximums for felonies and misdemeanors, and must consider victim hardship if the perpetrator is an immediate family member.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 294. (a) Upon conviction of any person for a violation of Section 273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition to any other penalty or restitution fine imposed, order the defendant to pay a restitution fine based on the defendant’s ability to pay not to exceed five thousand dollars ($5,000), upon a felony conviction, or one thousand dollars ($1,000), upon a misdemeanor conviction, to be deposited in the Restitution Fund to be transferred to the county children’s trust fund for the purposes of child abuse prevention. (b) Upon conviction of any person for a violation of Section 261, 264.1, 285, 286, 287, or 289 or former Section 288a, where the violation is with a minor under the age of 14 years, the court may, in addition to any other penalty or restitution fine imposed, order the defendant to pay a restitution fine based on the defendant’s ability to pay not to exceed five thousand dollars ($5,000), upon a felony conviction, or one thousand dollars ($1,000), upon a misdemeanor conviction, to be deposited in the Restitution Fund to be transferred to the county children’s trust fund for the purpose of child abuse prevention. (c) If the perpetrator is a member of the immediate family of the victim, the court shall consider in its decision to impose a fine under this section any hardship that may impact the victim from the imposition of the fine. (d) If the court orders a fine to be imposed pursuant to this section, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county. (Amended by Stats. 2018, Ch. 423, Sec. 61. (SB 1494) Effective January 1, 2019.)
  63. 2947.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Blacklist or Extortion of Discharged Prisoner [2947- 2947.] ( Article 3 repealed and added by Stats. 1977, Ch. 165. )

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    It is a misdemeanor to knowingly and willfully share or threaten to share certain information about a person convicted of a felony after discharge when the purpose is to harm that person’s employment or extort value.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Blacklist or Extortion of Discharged Prisoner [2947- 2947.] ( Article 3 repealed and added by Stats. 1977, Ch. 165. ) ## 2947. Any person who knowingly and willfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then finally discharged, and which communication is made with the purpose and intent to deprive such person so convicted of employment, or to prevent him from procuring the same, or with the purpose and intent to extort from him any money or article of value; and any person who threatens to make any such communication with the purpose and intent to extort money or any article of value from such person so convicted of a felony is guilty of a misdemeanor. (Repealed and added by Stats. 1977, Ch. 165.)
  64. 295.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. )

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    This section sets out the purpose, administration, and reporting rules for California’s DNA and forensic identification database and data bank program.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 295. (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (b) The people of the State of California set forth all of the following: (1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a useful law enforcement tool for identifying and prosecuting criminal offenders and exonerating the innocent. (2) It is the intent of the people of the State of California, in order to further the purposes of this chapter, to require DNA and forensic identification data bank samples from all persons, including juveniles, for the felony and misdemeanor offenses described in subdivision (a) of Section 296. (3) It is necessary to enact this act defining and governing the state’s DNA and forensic identification database and data bank in order to clarify existing law and to enable the state’s DNA and Forensic Identification Database and Data Bank Program to become a more effective law enforcement tool. (c) The purpose of the DNA and Forensic Identification Database and Data Bank Program is to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children. (d) Like the collection of fingerprints, the collection of DNA samples pursuant to this chapter is an administrative requirement to assist in the accurate identification of criminal offenders. (e) Unless otherwise requested by the Department of Justice, collection of biological samples for DNA analysis from qualifying persons under this chapter is limited to collection of inner cheek cells of the mouth (buccal swab samples). (f) The Department of Justice DNA Laboratory may obtain through federal, state, or local law enforcement agencies blood specimens from qualifying persons as defined in subdivision (a) of Section 296, and according to procedures set forth in Section 298, when it is determined in the discretion of the Department of Justice that such specimens are necessary in a particular case or would aid the department in obtaining an accurate forensic DNA profile for identification purposes. (g) The Department of Justice, through its DNA Laboratory, shall be responsible for the management and administration of the state’s DNA and Forensic Identification Database and Data Bank Program and for liaison with the Federal Bureau of Investigation (FBI) regarding the state’s participation in a national or international DNA database and data bank program such as the FBI’s Combined DNA Index System (CODIS) that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories nationwide. (h) The Department of Justice shall be responsible for implementing this chapter. (1) The Department of Justice DNA Laboratory, and the Department of Corrections and Rehabilitation may adopt policies and enact regulations for the implementation of this chapter, as necessary, to give effect to the intent and purpose of this chapter, and to ensure that data bank blood specimens, buccal swab samples, and thumb and palm print impressions as required by this chapter are collected from qualifying persons in a timely manner, as soon as possible after arrest, conviction, or a plea or finding of guilty, no contest, or not guilty by reason of insanity, or upon any disposition rendered in the case of a juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for commission of any of this chapter’s enumerated qualifying offenses, including attempts, or when it is determined that a qualifying person has not given the required specimens, samples, or print impressions. Before adopting any policy or regulation implementing this chapter, the Department of Corrections and Rehabilitation shall seek advice from and consult with the Department of Justice DNA Laboratory Director. (2) Given the specificity of this chapter, and except as provided in subdivision (c) of Section 298.1, any administrative bulletins, notices, regulations, policies, procedures, or guidelines adopted by the Department of Justice and its DNA Laboratory or the Department of Corrections and Rehabilitation for the purpose of implementing this chapter are exempt from the provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (3) The Department of Corrections and Rehabilitation shall submit copies of any of its policies and regulations with respect to this chapter to the Department of Justice DNA Laboratory Director, and quarterly shall submit to the director written reports updating the director as to the status of its compliance with this chapter. (4) On or before April 1 in the year following adoption of the act that added this paragraph, and quarterly thereafter, the Department of Justice DNA Laboratory shall submit a quarterly report to be published electronically on a Department of Justice internet website and made available for public review. The quarterly report shall state the total number of samples received, the number of samples received from the Department of Corrections and Rehabilitation, the number of samples fully analyzed for inclusion in the CODIS database, and the number of profiles uploaded into the CODIS database for the reporting period. Each quarterly report shall state the total, annual, and quarterly number of qualifying profiles in the Department of Justice DNA Laboratory data bank both from persons and case evidence, and the number of hits and investigations aided, as reported to the National DNA Index System. The quarterly report shall also confirm the laboratory’s accreditation status and participation in CODIS and shall include an accounting of the funds collected, expended, and disbursed pursuant to subdivision (k). (5) On or before April 1 in the year following adoption of the act that added this paragraph, and quarterly thereafter, the Department of Corrections and Rehabilitation shall submit a quarterly report to be published electronically on a Department of Corrections and Rehabilitation internet website and made available for public review. The quarterly report shall state the total number of inmates housed in state correctional facilities, including a breakdown of those housed in state prisons, camps, community correctional facilities, and other facilities such as prisoner mother facilities. Each quarterly report shall also state the total, annual, and quarterly number of inmates who have yet to provide specimens, samples, and print impressions pursuant to this chapter and the number of specimens, samples, and print impressions that have yet to be forwarded to the Department of Justice DNA Laboratory within 30 days of collection. (i) (1) When the specimens, samples, and print impressions required by this chapter are collected at a county jail or other county facility, including a private community correctional facility, the county sheriff or chief administrative officer of the county jail or other county facility shall be responsible for ensuring all of the following: (A) The requisite specimens, samples, and print impressions are collected from qualifying persons immediately following arrest, conviction, or adjudication, or during the booking or intake or reception center process at that facility, or reasonably promptly thereafter. (B) The requisite specimens, samples, and print impressions are collected as soon as administratively practicable after a qualifying person reports to the facility for the purpose of providing specimens, samples, and print impressions. (C) The specimens, samples, and print impressions collected pursuant to this chapter are forwarded immediately to the Department of Justice, and in compliance with department policies. (2) The specimens, samples, and print impressions required by this chapter shall be collected by a person using a collection kit approved by the Department of Justice and in accordance with the requirements and procedures set forth in subdivision (b) of Section 298. (3) The counties shall be reimbursed for the costs of obtaining specimens, samples, and print impressions subject to the conditions and limitations set forth by the Department of Justice policies governing reimbursement for collecting specimens, samples, and print impressions pursuant to Section 76104.6 of the Government Code. (j) The trial court may order that a portion of the costs assessed pursuant to Section 1203.1c or 1203.1m include a reasonable portion of the cost of obtaining specimens, samples, and print impressions in furtherance of this chapter and the funds collected pursuant to this subdivision shall be deposited in the DNA Identification Fund as created by Section 76104.6 of the Government Code. (k) The Department of Justice DNA Laboratory shall be known as the Jan Bashinski DNA Laboratory. (l) This section shall become operative on July 1, 2021. (Repealed (in Sec. 29) and added by Stats. 2020, Ch. 92, Sec. 30. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  65. 295.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The Department of Justice and its DNA laboratory must use DNA and palm print analysis only for identification purposes, maintain the DNA repository and database, and include required information in submissions to the state DNA program.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 295.1. (a) The Department of Justice shall perform DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes. (b) The Department of Justice Bureau of Criminal Identification and Information shall perform examinations of palm prints pursuant to this chapter only for identification purposes. (c) The DNA Laboratory of the Department of Justice shall serve as a repository for blood specimens and buccal swab and other biological samples collected, and shall analyze specimens and samples, and store, compile, correlate, compare, maintain, and use DNA and forensic identification profiles and records related to the following: (1) Forensic casework and forensic unknowns. (2) Known and evidentiary specimens and samples from crime scenes or criminal investigations. (3) Missing or unidentified persons. (4) Persons required to provide specimens, samples, and print impressions under this chapter. (5) Legally obtained samples. (6) Anonymous DNA records used for training, research, statistical analysis of populations, quality assurance, or quality control. (d) The computerized data bank and database of the DNA Laboratory of the Department of Justice shall include files as necessary to implement this chapter. (e) Nothing in this section shall be construed as requiring the Department of Justice to provide specimens or samples for quality control or other purposes to those who request specimens or samples. (f) Submission of samples, specimens, or profiles for the state DNA Database and Data Bank Program shall include information as required by the Department of Justice for ensuring search capabilities and compliance with National DNA Index System (NDIS) standards. (Amended November 2, 2004, by initiative Proposition 69, Sec. 2.)
  66. 295.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The DNA database and the Department of Justice DNA Laboratory must not be used as a source of genetic material for testing, research, or experiments for purposes of linking genetics with behavior or health.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 1. Purpose and Administration [295 - 295.2] ( Article 1 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 295.2. The DNA and forensic identification database and databank and the Department of Justice DNA Laboratory shall not be used as a source of genetic material for testing, research, or experiments, by any person, agency, or entity seeking to find a causal link between genetics and behavior or health. (Amended by Stats. 2015, Ch. 303, Sec. 386. (AB 731) Effective January 1, 2016.)
  67. 29500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who is at least 21 years old may apply to the Department of Justice for an entertainment firearms permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29500. Any person who is at least 21 years of age may apply for an entertainment firearms permit from the Department of Justice. An entertainment firearms permit authorizes the permitholder to possess firearms loaned to the permitholder for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  68. 29505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    People requesting an entertainment firearms permit must use the Justice Department’s form and submit the required fee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29505. (a) Requests for entertainment firearms permits shall be made on application forms prescribed by the Department of Justice that require applicant information, including, but not limited to, the following: (1) Complete name. (2) Residential and mailing address. (3) Telephone number. (4) Date of birth. (5) Place of birth. (6) Country of citizenship and, if other than United States, United States Citizenship and Immigration Services-assigned number. (7) Valid driver’s license number or valid identification card number issued by the California Department of Motor Vehicles. (8) Social security number. (9) Signature. (b) All applications must be submitted with the appropriate fee as specified in Section 29510. (Amended by Stats. 2021, Ch. 296, Sec. 52. (AB 1096) Effective January 1, 2022.)
  69. 29510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must fund the entertainment firearms permit program by charging set application fees and may adjust them each year if needed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29510. (a) The Department of Justice shall recover the full costs of administering the entertainment firearms permit program by assessing the following application fees: (1) For the initial application: one hundred four dollars ($104). Of this sum, fifty-six dollars ($56) shall be deposited into the Fingerprint Fee Account, and forty-eight dollars ($48) shall be deposited into the Dealers’ Record of Sale Special Account. (2) For each annual renewal application: twenty-nine dollars ($29), which shall be deposited into the Dealers’ Record of Sale Special Account. (b) The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the actual costs of, the permit program provided for by this chapter, including enforcement of the program. (Amended by Stats. 2011, Ch. 285, Sec. 27. (AB 1402) Effective January 1, 2012.)
  70. 29515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department must review specified records when it gets an initial or renewal application, and may issue an entertainment firearms permit only if those records show the applicant is not prohibited from possessing or receiving firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29515. (a) Upon receipt of an initial or renewal application submitted as specified in Sections 29505, 29520, and 29525, the department shall examine its records, records the department is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records of the National Instant Criminal Background Check System as described in subsection (t) of Section 922 of Title 18 of the United States Code, in order to determine if the applicant is prohibited from possessing or receiving firearms. (b) The department shall issue an entertainment firearms permit only if the records indicate that the applicant is not prohibited from possessing or receiving firearms pursuant to any federal, state, or local law. (Amended by Stats. 2012, Ch. 24, Sec. 58. (AB 1470) Effective June 27, 2012.)
  71. 29520.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An entertainment firearms permit application must include fingerprint images and related information, and the Department of Justice must review specified criminal record information and later arrests.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29520. (a) An initial application for an entertainment firearms permit shall require the submission of fingerprint images and related information in a manner prescribed by the department, for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the department establishes that the individual was released on bail or on the individual’s own recognizance pending trial as needed to determine whether the applicant may be issued the permit. Requests for federal level criminal offender record information received by the Department of Justice pursuant to this chapter shall be forwarded by the department to the Federal Bureau of Investigation. (b) The Department of Justice shall review the criminal offender record information specified in subdivision (l) of Section 11105 for entertainment firearms permit applicants. (c) The Department of Justice shall review subsequent arrests, pursuant to Section 11105.2, to determine the continuing validity of the permit as specified in Section 29530 for all entertainment firearms permitholders. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  72. 29525.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person commits a misdemeanor if they give a false name or address, provide incorrect information, or leave out required information on an entertainment firearms permit application.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29525. Any person who furnishes a fictitious name or address or knowingly furnishes any incorrect information or knowingly omits any information required to be provided on an application for an entertainment firearms permit 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.)
  73. 29530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An entertainment firearms permit is valid for one year after issuance, and it stops being valid if the holder becomes legally prohibited from possessing or receiving firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29530. (a) An entertainment firearms permit issued by the Department of Justice shall be valid for one year from the date of issuance. (b) If at any time during that year the permitholder becomes prohibited from possessing or receiving firearms pursuant to any federal, state, or local law, the entertainment firearms permit shall be no longer valid. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  74. 29535.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department’s implementation of specified sections is exempt from the Administrative Procedure Act.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY [29300 - 29535] ( Division 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Entertainment Firearms Permit [29500 - 29535] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29535. The implementation of Sections 29500, 29505, 29515, 29520, and 29525, and of subdivision (a) of Section 29510, by the department is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (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. 296.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. )

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    Certain qualifying persons must provide DNA-related samples and prints, and the court and prosecutor have related collection and verification duties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 296. (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. (C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. (4) The term “felony” as used in this subdivision includes an attempt to commit the offense. (5) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. (c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: (1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). (e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. (f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. (Amended November 2, 2004, by initiative Proposition 69, Sec. 3.)
  76. 296.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. )

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    People in the listed offender categories must provide DNA samples and fingerprint impressions, usually immediately or within five days depending on custody status.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 296.1. (a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision (a) of Section 296 for present and past qualifying offenses of record as follows: (1) Collection from any adult person following arrest for a felony offense as specified in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (a) of Section 296: (A) Each adult person arrested for a felony offense as specified in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (a) of Section 296 shall provide the buccal swab samples and thumb and palm print impressions and any blood or other specimens required pursuant to this chapter immediately following arrest, or during the booking or intake or prison reception center process or as soon as administratively practicable after arrest, but, in any case, prior to release on bail or pending trial or any physical release from confinement or custody. (B) If the person subject to this chapter did not have specimens, samples, and print impressions taken immediately following arrest or during booking or intake procedures or is released on bail or pending trial or is not confined or incarcerated at the time of sentencing or otherwise bypasses a prison inmate reception center maintained by the Department of Corrections and Rehabilitation, the court shall order the person to report within five calendar days to a county jail facility or to a city, state, local, private, or other designated facility to provide the required specimens, samples, and print impressions in accordance with subdivision (i) of Section 295. (2) Collection from persons confined or in custody after conviction or adjudication: (A) Any person, including any juvenile who is imprisoned or confined or placed in a state correctional institution, a county jail, a facility within the jurisdiction of the Department of Corrections and Rehabilitation, the Corrections Standards Authority, a residential treatment program, or any state, local, city, private, or other facility after a conviction of any felony or misdemeanor offense, or any adjudication or disposition rendered in the case of a juvenile, whether or not that crime or offense is one set forth in subdivision (a) of Section 296, shall provide buccal swab samples and thumb and palm print impressions and any blood or other specimens required pursuant to this chapter, immediately at intake, or during the prison reception center process, or as soon as administratively practicable at the appropriate custodial or receiving institution or the program in which the person is placed, if: (i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense described in subdivision (a) of Section 296; and (ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program. (3) Collection from persons on probation, parole, or other release: (A) Any person, including any juvenile, who has a record of any past or present conviction or adjudication for an offense set forth in subdivision (a) of Section 296, and who is on probation, parole, postrelease community supervision, or mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170 for any felony or misdemeanor offense, whether or not that crime or offense is one set forth in subdivision (a) of Section 296, shall provide buccal swab samples and thumb and palm print impressions and any blood specimens required pursuant to this chapter, if: (i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense described in subdivision (a) of Section 296; and (ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program. (B) The person shall have any required specimens, samples, and print impressions collected within five calendar days of being notified by the court, or a law enforcement agency or other agency authorized by the Department of Justice. The specimens, samples, and print impressions shall be collected in accordance with subdivision (i) of Section 295 at a county jail facility or a city, state, local, private, or other facility designated for this collection. (4) Collection from parole violators and others returned to custody: (A) If a person, including any juvenile, who has been released on parole, furlough, or other release for any offense or crime, whether or not set forth in subdivision (a) of Section 296, is returned to a state correctional or other institution for a violation of a condition of his or her parole, furlough, or other release, or for any other reason, that person shall provide buccal swab samples and thumb and palm print impressions and any blood or other specimens required pursuant to this chapter, at a state correctional or other receiving institution, if: (i) The person has a record of any past or present conviction or adjudication as a ward of the court in California of a qualifying offense described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense described in subdivision (a) of Section 296; and (ii) The person’s blood specimens, buccal swab samples, and thumb and palm print impressions authorized by this chapter are not in the possession of the Department of Justice DNA Laboratory or have not been recorded as part of the department’s DNA databank program. (5) Collection from persons accepted into California from other jurisdictions: (A) When an offender from another state is accepted into this state under any of the interstate compacts described in Article 3 (commencing with Section 11175) or Article 4 (commencing with Section 11189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4 (commencing with Section 1400) of Part 1 of Division 2 of the Welfare and Institutions Code, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the offender is confined or released, the acceptance is conditional on the offender providing blood specimens, buccal swab samples, and palm and thumb print impressions pursuant to this chapter, if the offender has a record of any past or present conviction or adjudication in California of a qualifying offense described in subdivision (a) of Section 296 or has a record of any past or present conviction or adjudication or had a disposition rendered in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as an offense described in subdivision (a) of Section 296. (B) If the person is not confined, the specimens, samples, and print impressions required by this chapter must be provided within five calendar days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first. The person shall report to a county jail facility in the county where he or she resides or temporarily is located to have the specimens, samples, and print impressions collected pursuant to this chapter. The specimens, samples, and print impressions shall be collected in accordance with subdivision (i) of Section 295. (C) If the person is confined, he or she shall provide the blood specimens, buccal swab samples, and thumb and palm print impressions required by this chapter as soon as practicable after his or her receipt in a state, county, city, local, private, or other designated facility. (6) Collection from persons in federal institutions: (A) Subject to the approval of the Director of the FBI, persons confined or incarcerated in a federal prison or federal institution who have a record of any past or present conviction or juvenile adjudication for a qualifying offense described in subdivision (a) of Section 296, or of a similar crime under the laws of the United States or any other state that would constitute an offense described in subdivision (a) of Section 296, are subject to this chapter and shall provide blood specimens, buccal swab samples, and thumb and palm print impressions pursuant to this chapter if any of the following apply: (i) The person committed a qualifying offense in California. (ii) The person was a resident of California at the time of the qualifying offense. (iii) The person has any record of a California conviction for an offense described in subdivision (a) of Section 296, regardless of when the crime was committed. (iv) The person will be released in California. (B) The Department of Justice DNA Laboratory shall, upon the request of the United States Department of Justice, forward portions of the specimens or samples, taken pursuant to this chapter, to the United States Department of Justice DNA databank laboratory. The specimens and samples required by this chapter shall be taken in accordance with the procedures set forth in subdivision (i) of Section 295. The Department of Justice DNA Laboratory is authorized to analyze and upload specimens and samples collected pursuant to this section upon approval of the Director of the FBI. (b) Paragraphs (2), (3), (4), (5), and (6) of subdivision (a) shall have retroactive application. Collection shall occur pursuant to paragraphs (2), (3), (4), (5), and (6) of subdivision (a) regardless of when the crime charged or committed became a qualifying offense pursuant to this chapter, and regardless of when the person was convicted of the qualifying offense described in subdivision (a) of Section 296 or a similar crime under the laws of the United States or any other state, or pursuant to the United States Code of Military Justice, 10 U.S.C., Sections 801 and following, or when a juvenile petition is sustained for commission of a qualifying offense described in subdivision (a) of Section 296 or a similar crime under the laws of the United States or any other state. (Amended by Stats. 2012, Ch. 43, Sec. 17. (SB 1023) Effective June 27, 2012. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 69.)
  77. 296.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. )

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    If a DNA sample is unusable, the person must provide additional specimens or prints. Certain offenders and registrants must also give DNA-related specimens and appear for collection when notified or scheduled.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 2. Offenders Subject to Sample Collection [296 - 296.2] ( Article 2 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 296.2. (a) Whenever the DNA Laboratory of the Department of Justice notifies the Department of Corrections and Rehabilitation or any law enforcement agency that a biological specimen or sample, or print impression is not usable for any reason, the person who provided the original specimen, sample, or print impression shall submit to collection of additional specimens, samples, or print impressions. The Department of Corrections and Rehabilitation or other responsible law enforcement agency shall collect additional specimens, samples, and print impressions from these persons as necessary to fulfill the requirements of this chapter, and transmit these specimens, samples, and print impressions to the appropriate agencies of the Department of Justice. (b) If a person, including any juvenile, is convicted of, pleads guilty or no contest to, is found not guilty by reason of insanity of, or is adjudged a ward of the court under Section 602 of the Welfare and Institutions Code for committing, any of the offenses described in subdivision (a) of Section 296, and has given a blood specimen or other biological sample or samples to law enforcement for any purpose, the DNA Laboratory of the Department of Justice is authorized to analyze the blood specimen and other biological sample or samples for forensic identification markers, including DNA markers, and to include the DNA and forensic identification profiles from these specimens and samples in the state’s DNA and forensic identification databank and databases. This subdivision applies whether or not the blood specimen or other biological sample originally was collected from the sexual or violent offender pursuant to the databank and database program, and whether or not the crime committed predated the enactment of the state’s DNA and forensic identification databank program, or any amendments thereto. This subdivision does not relieve a person convicted of a crime described in subdivision (a) of Section 296, or otherwise subject to this chapter, from the requirement to give blood specimens, saliva samples, and thumb and palm print impressions for the DNA and forensic identification databank and database program as described in this chapter. (c) Any person who is required to register under the Sex Offender Registration Act who has not provided the specimens, samples, and print impressions described in this chapter for any reason including the release of the person prior to the enactment of the state’s DNA and forensic identification database and databank program, an oversight or error, or because of the transfer of the person from another state, the person, as an additional requirement of registration or of updating his or her annual registration pursuant to the Sex Offender Registration Act shall give specimens, samples, and print impressions as described in this chapter for inclusion in the state’s DNA and forensic identification database and databank. At the time the person registers or updates his or her registration, he or she shall receive an appointment designating a time and place for the collection of the specimens, samples, and print impressions described in this chapter, if he or she has not already complied with the provisions of this chapter. As specified in the appointment, the person shall report to a county jail facility in the county where he or she resides or is temporarily located to have specimens, samples, and print impressions collected pursuant to this chapter or other facility approved by the Department of Justice for this collection. The specimens, samples, and print impressions shall be collected in accordance with subdivision (f) of Section 295. If, prior to the time of the annual registration update, a person is notified by the Department of Justice, a probation or parole officer, other law enforcement officer, or officer of the court, that he or she is subject to this chapter, then the person shall provide the specimens, samples, and print impressions required by this chapter within 10 calendar days of the notification at a county jail facility or other facility approved by the department for this collection. (Amended by Stats. 2007, Ch. 579, Sec. 37. Effective October 13, 2007.)
  78. 2960.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    The Department of Corrections and Rehabilitation should evaluate each prisoner for severe mental health disorders during the first year of the sentence and provide appropriate treatment while the prisoner is in prison and after return to the community.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2960. (a) The Legislature finds that there are prisoners who have a treatable, severe mental health disorder that was one of the causes of, or was an aggravating factor in, the commission of the crime for which they were incarcerated. Secondly, the Legislature finds that if the severe mental health disorders of those prisoners are not in remission or cannot be kept in remission at the time of their parole or upon termination of parole, there is a danger to society, and the state has a compelling interest in protecting the public. Thirdly, the Legislature finds that in order to protect the public from those persons, it is necessary to provide mental health treatment until the severe mental health disorder that was one of the causes of or was an aggravating factor in the person’s prior criminal behavior is in remission and can be kept in remission. (b) The Legislature further finds and declares the Department of Corrections and Rehabilitation should evaluate each prisoner for severe mental health disorders during the first year of the prisoner’s sentence, and that prisoners with severe mental health disorders should be provided with an appropriate level of mental health treatment while in prison and when returned to the community. (Amended by Stats. 2019, Ch. 9, Sec. 6. (AB 46) Effective January 1, 2020.)
  79. 29610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Possession of Firearm [29610 - 29615] ( Heading of Article 1 amended by Stats. 2021, Ch. 250, Sec. 20. )

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    A minor may not possess a handgun, a semiautomatic centerfire rifle, or, starting July 1, 2023, any firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Possession of Firearm [29610 - 29615] ( Heading of Article 1 amended by Stats. 2021, Ch. 250, Sec. 20. ) ## 29610. (a) A minor shall not possess a handgun. (b) A minor shall not possess a semiautomatic centerfire rifle. (c) Commencing July 1, 2023, a minor shall not possess any firearm. (d) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. (Amended by Stats. 2021, Ch. 250, Sec. 21. (SB 715) Effective January 1, 2022.)
  80. 29615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Possession of Firearm [29610 - 29615] ( Heading of Article 1 amended by Stats. 2021, Ch. 250, Sec. 20. )

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    Section 29610 does not apply to a minor when one of several listed conditions is met, such as parental accompaniment, written consent, age 16+, or possession of a limited firearm for qualifying activities.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Possession of Firearm [29610 - 29615] ( Heading of Article 1 amended by Stats. 2021, Ch. 250, Sec. 20. ) ## 29615. Section 29610 shall not apply if one of the following circumstances exists: (a) The minor is accompanied by a parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves this use of a firearm. (b) The minor is accompanied by a responsible adult, the minor has the prior written consent of a parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (c) The minor is at least 16 years of age, the minor has the prior written consent of a parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (d) The minor has the prior written consent of a parent or legal guardian, the minor is on lands owned or lawfully possessed by the parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (e) The minor possesses, with the express permission of their parent or legal guardian, a firearm, other than a handgun or semiautomatic centerfire rifle, and both of the following are true: (1) The minor is actively engaged in, or in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or an agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm. (2) The minor is 16 years of age or older or is accompanied by a responsible adult at all times while the minor is possessing the firearm. (Amended by Stats. 2025, Ch. 362, Sec. 2. (AB 383) Effective January 1, 2026.)
  81. 2962.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    If a prisoner meets the section’s criteria, the State Department of State Hospitals must provide necessary treatment as a condition of parole.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2962. As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: (a) (1) The prisoner has a severe mental health disorder that is not in remission or that cannot be kept in remission without treatment. (2) The term “severe mental health disorder” means an illness, disease, or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or that grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental health disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, intellectual disability or other developmental disabilities, or addiction to or abuse of intoxicating substances. (3) The term “remission” means a finding that the overt signs and symptoms of the severe mental health disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, the person has been in remission and has been physically violent, except in self-defense, or has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for their safety or the safety of their immediate family, or the person has intentionally caused property damage, or has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard is whether the person has acted as a reasonable person would in following the treatment plan. (b) The severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. (c) The prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner’s parole or release. (d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental health disorder, that the disorder is not in remission or cannot be kept in remission without treatment, that the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner’s parole release day, and that by reason of the prisoner’s severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. (A) For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be conducted at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. (B) For the evaluation of Department of Corrections and Rehabilitation prisoners who are temporarily housed at a county correctional facility, a county medical facility, or a state-assigned mental health provider, a practicing psychiatrist or psychologist from the State Department of State Hospitals, the Department of Corrections and Rehabilitation, or the Board of Parole Hearings shall be afforded prompt and unimpeded access to the prisoner and their records for the period of confinement at that facility upon submission of current and valid proof of state employment and a departmental letter or memorandum arranging the appointment. (2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental health disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental health disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. (3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment, but to determine if the prisoner meets certain criteria to be involuntarily treated as an offender with a mental health disorder. It is not required that the prisoner appreciate or understand that information. (e) The crime referred to in subdivision (b) meets both of the following criteria: (1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. (2) The crime is one of the following: (A) Voluntary manslaughter. (B) Mayhem. (C) Kidnapping in violation of Section 207. (D) A robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (I) Lewd acts on a child under 14 years of age in violation of Section 288. (J) Continuous sexual abuse in violation of Section 288.5. (K) The offense described in subdivision (a) of Section 289 if the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 if the act posed a substantial danger of physical harm to others. (M) A felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. (N) A violation of Section 18745. (O) Attempted murder. (P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. (Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm does not require proof that the threatened act was likely to cause great or serious bodily injury. (f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. (g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act. (Amended by Stats. 2021, Ch. 626, Sec. 58. (AB 1171) Effective January 1, 2022.)
  82. 2963.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    The Board of Parole Hearings may keep a person in custody for up to 45 days after the scheduled release date if there is good cause.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2963. (a) Upon a showing of good cause, the Board of Parole Hearings may order that a person remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to paragraph (1) of subdivision (d) of Section 2962 and any additional evaluations pursuant to paragraph (2) of subdivision (d) of Section 2962. (b) For purposes of this section, good cause means circumstances where there is a recalculation of credits or a restoration of denied or lost credits, a resentencing by a court, the receipt of the prisoner into custody, or equivalent exigent circumstances which result in there being less than 45 days prior to the person’s scheduled release date for the evaluations described in subdivision (d) of Section 2962. (Added by Stats. 2010, Ch. 710, Sec. 2. (SB 1201) Effective January 1, 2011.)
  83. 2964.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    This section sets rules for treating certain parolees in inpatient or outpatient mental health programs, including hearings, consultation, transport, and placement powers.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2964. (a) The treatment required by Section 2962 shall be inpatient unless the State Department of State Hospitals certifies to the Board of Parole Hearings that there is reasonable cause to believe the parolee can be safely and effectively treated on an outpatient basis, in which case the Board of Parole Hearings shall permit the State Department of State Hospitals to place the parolee in an outpatient treatment program specified by the State Department of State Hospitals. Any prisoner who is to be required to accept treatment pursuant to Section 2962 shall be informed in writing of his or her right to request a hearing pursuant to Section 2966. Prior to placing a parolee in a local outpatient program, the State Department of State Hospitals shall consult with the local outpatient program as to the appropriate treatment plan. Notwithstanding any other law, a parolee ordered to have outpatient treatment pursuant to this section may be placed in an outpatient treatment program used to provide outpatient treatment under Title 15 (commencing with Section 1600) of Part 2, but the procedural provisions of Title 15 shall not apply. The community program director or a designee of an outpatient program used to provide treatment under Title 15 in which a parolee is placed, may place the parolee, or cause the parolee to be placed, in a secure mental health facility if the parolee can no longer be safely or effectively treated in the outpatient program, and until the parolee can be safely and effectively treated in the program. Upon the request of the community program director or a designee, a peace officer shall take the parolee into custody and transport the parolee, or cause the parolee to be taken into custody and transported, to a facility designated by the community program director, or a designee, for confinement under this section. Within 15 days after placement in a secure facility the State Department of State Hospitals shall conduct a hearing on whether the parolee can be safely and effectively treated in the program unless the patient or the patient’s attorney agrees to a continuance, or unless good cause exists that prevents the State Department of State Hospitals from conducting the hearing within that period of time. If good cause exists, the hearing shall be held within 21 days after placement in a secure facility. For purposes of this section, “good cause” means the inability to secure counsel, an interpreter, or witnesses for the hearing within the 15-day time period. Before deciding to seek revocation of the parole of a parolee receiving mental health treatment pursuant to Section 2962, and return him or her to prison, the parole officer shall consult with the director of the parolee’s outpatient program. Nothing in this section shall prevent hospitalization pursuant to Section 5150, 5250, or 5353 of the Welfare and Institutions Code. (b) If the State Department of State Hospitals has not placed a parolee on outpatient treatment within 60 days after receiving custody of the parolee or after parole is continued pursuant to Section 3001, the parolee may request a hearing before the Board of Parole Hearings, and the board shall conduct a hearing to determine whether the prisoner shall be treated as an inpatient or an outpatient. At the hearing, the burden shall be on the State Department of State Hospitals to establish that the prisoner requires inpatient treatment as described in this subdivision. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as provided for in Section 2978. (Amended by Stats. 2012, Ch. 24, Sec. 37. (AB 1470) Effective June 27, 2012.)
  84. 29650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Possession of Live Ammunition [29650 - 29655] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A minor must not possess live ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Possession of Live Ammunition [29650 - 29655] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29650. A minor shall not possess live ammunition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  85. 29655.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Possession of Live Ammunition [29650 - 29655] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 29650 does not apply to a minor if one of three listed conditions is met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Possession of Live Ammunition [29650 - 29655] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29655. Section 29650 shall not apply if one of the following circumstances exists: (a) The minor has the written consent of a parent or legal guardian to possess live ammunition. (b) The minor is accompanied by a parent or legal guardian. (c) The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, the nature of which involves the use of a firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  86. 2966.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    This section lets a prisoner ask for a hearing and later seek court review of the Board of Parole Hearings’ determination, and it sets the hearing and release procedures the board, court, and corrections department must follow.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2966. (a) A prisoner may request a hearing before the Board of Parole Hearings, and the board shall conduct a hearing if so requested, for the purpose of proving that the prisoner meets the criteria in Section 2962. At the hearing, the burden of proof shall be on the person or agency who certified the prisoner under subdivision (d) of Section 2962. If the prisoner or any person appearing on the prisoner’s behalf at the hearing requests it, the board shall appoint two independent professionals as provided for in Section 2978. The prisoner shall be informed at the hearing of the right to request a trial pursuant to subdivision (b). The Board of Parole Hearings shall provide a prisoner who requests trial a petition form and instructions for filing the petition. (b) A prisoner who disagrees with the determination of the Board of Parole Hearings that the prisoner meets the criteria of Section 2962 may file in the superior court of the county in which the prisoner is incarcerated or is being treated a petition for a hearing on whether the prisoner, as of the date of the Board of Parole Hearings hearing, met the criteria of Section 2962. The court shall conduct a hearing on the petition within 60 calendar days after the petition is filed, unless either time is waived by the petitioner or the petitioner’s counsel or good cause is shown. Evidence offered for the purpose of proving the prisoner’s behavior or mental status subsequent to the Board of Parole Hearings hearing shall not be considered. The order of the Board of Parole Hearings shall be in effect until the completion of the court proceedings. The court shall advise the petitioner of the right to be represented by an attorney and of the right to a jury trial. The attorney for the petitioner shall be given a copy of the petition and any supporting documents. The hearing shall be a civil hearing. In order to reduce costs, the rules of criminal discovery, as well as civil discovery, shall be applicable. The standard of proof shall be beyond a reasonable doubt, and if the trial is by jury, the jury shall be unanimous in its verdict. The trial shall be by jury unless waived by both the person and the district attorney. The court may, upon stipulation of both parties, receive in evidence the affidavit or declaration of any psychiatrist, psychologist, or other professional person who was involved in the certification and hearing process, or any professional person involved in the evaluation or treatment of the petitioner during the certification process. The court may allow the affidavit or declaration to be read and the contents thereof considered in the rendering of a decision or verdict in any proceeding held pursuant to this subdivision, or subdivision (c), or subdivision (a) of Section 2972. If the court or jury reverses the determination of the Board of Parole Hearings, the court shall stay the execution of the decision for up to 30 days to allow for an orderly release of the prisoner. The court may require the parties to return to the court during those 30 days to ensure that the entities involved in the release of the prisoner have coordinated an exit plan for the prisoner. If the court or jury reverses the determination of the Board of Parole Hearings, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to Section 3451, shall notify the probation department of the county of supervision of the pending release within five working days of the court order and work with the county of supervision to coordinate the orderly and safe release of the prisoner. (c) If the Board of Parole Hearings continues a parolee’s mental health treatment under Section 2962 when it continues the parolee’s parole under Section 3001, the procedures of this section shall only be applicable for the purpose of determining if the parolee has a severe mental health disorder, whether the parolee’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, and whether by reason of the parolee’s severe mental health disorder, the parolee represents a substantial danger of physical harm to others. (Amended by Stats. 2024, Ch. 963, Sec. 1. (AB 2475) Effective January 1, 2025.)
  87. 2968.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    If a prisoner's severe mental health disorder goes into remission during parole and can stay in remission, the Director of State Hospitals must notify the Board of Parole Hearings and the State Department of State Hospitals must stop treating the parolee.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2968. If the prisoner’s severe mental health disorder is put into remission during the parole period, and can be kept in remission, the Director of State Hospitals shall notify the Board of Parole Hearings and the State Department of State Hospitals shall discontinue treating the parolee. (Amended by Stats. 2019, Ch. 9, Sec. 9. (AB 46) Effective January 1, 2020.)
  88. 297.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 3. Data Base Applications [297- 297.] ( Article 3 added by Stats. 1998, Ch. 696, Sec. 2. )

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    Only specified laboratories may analyze and upload certain DNA and forensic profiles, and law enforcement agencies must report suspect status within two years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 3. Data Base Applications [297- 297.] ( Article 3 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 297. (a) Subject to the limitations in paragraph (3) of this subdivision, only the following laboratories are authorized to analyze crime scene samples and other forensic identification samples of known and unknown origin and to upload and compare those profiles against available state and national DNA and forensic identification databanks and databases in order to establish identity and origin of samples for forensic identification purposes pursuant to this chapter: (1) The DNA laboratories of the Department of Justice that meet state and federal requirements, including the Federal Bureau of Investigation (FBI) Quality Assurance Standards, and that are accredited by an organization approved by the National DNA Index System (NDIS) Procedures Board. (2) Public law enforcement crime laboratories designated by the Department of Justice that meet state and federal requirements, including the FBI Quality Assurance Standards, and that are accredited by an organization approved by the NDIS Procedures Board. (3) Only the laboratories of the Department of Justice that meet the requirements of paragraph (1) of subdivision (a) are authorized to upload DNA profiles from arrestees and other qualifying offender samples collected pursuant to this section, Section 296, and Section 296.2. (b) The laboratories of the Department of Justice and public law enforcement crime laboratories that meet the requirements of subdivision (a) may, subject to the laboratory’s discretion, and the limitations of paragraph (3) of subdivision (a), upload to available state and national DNA and forensic identification databanks and databases qualifying DNA profiles from forensic identification samples of known and unknown origin that are generated by private forensic laboratories that meet state and federal requirements, including the FBI Quality Assurance Standards, and that are accredited by an organization approved by the NDIS Procedures Board. Prior to uploading DNA profiles generated by a private laboratory, the public laboratory shall conduct the quality assessment and review required by the FBI Quality Assurance Standards. (c) (1) A biological sample obtained from a suspect in a criminal investigation for the commission of any crime may be analyzed for forensic identification profiles, including DNA profiles, by the DNA Laboratory of the Department of Justice or any law enforcement crime laboratory or private forensic laboratory that meets all of the FBI Quality Assurance Standards and accreditation requirements in paragraphs (1) and (2) of subdivision (a) and then compared by the Department of Justice in and between as many cases and investigations as necessary, and searched against the forensic identification profiles, including DNA profiles, stored in the files of the Department of Justice DNA databank or database or any available databanks or databases as part of the Department of Justice DNA Database and databank Program. (2) The law enforcement investigating agency submitting a specimen, sample, or print impression to the DNA Laboratory of the Department of Justice or law enforcement crime laboratory pursuant to this section shall inform the Department of Justice DNA Laboratory within two years whether the person remains a suspect in a criminal investigation. Upon written notification from a law enforcement agency that a person is no longer a suspect in a criminal investigation, the Department of Justice DNA Laboratory shall remove the suspect sample from its databank files and databases. However, any identification, warrant, arrest, or prosecution based upon a databank or database match shall not be invalidated or dismissed due to a failure to purge or delay in purging records. (d) All laboratories, including the Department of Justice DNA laboratories, contributing DNA profiles for inclusion in California’s DNA databank shall meet state and federal requirements, including the FBI Quality Assurance Standards and accreditation requirements, and shall be accredited by an organization approved by the National DNA Index System (NDIS) Procedures Board. Additionally, each laboratory shall submit to the Department of Justice for review the annual report required by the submitting laboratory’s accrediting organization that documents the laboratory’s adherence to FBI Quality Assurance Standards and the standards of the accrediting organization. The requirements of this subdivision do not preclude DNA profiles developed in California from being searched in the NDIS. (e) Nothing in this section precludes local law enforcement DNA laboratories from maintaining local forensic databases and databanks or performing forensic identification analyses, including DNA profiling, independently from the Department of Justice DNA laboratories and Forensic Identification Data Base and databank Program. (f) The limitation on the types of offenses set forth in subdivision (a) of Section 296 as subject to the collection and testing procedures of this chapter is for the purpose of facilitating the administration of this chapter by the Department of Justice, and shall not be considered cause for dismissing an investigation or prosecution or reversing a verdict or disposition. (g) The detention, arrest, wardship, adjudication, or conviction of a person based upon a databank match or database information is not invalidated if it is determined that the specimens, samples, or print impressions were obtained or placed or retained in a databank or database by mistake. (Amended by Stats. 2006, Ch. 170, Sec. 2. Effective January 1, 2007. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 69.)
  89. 2970.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    Certain officials must send a written remission evaluation to the district attorney before parole ends, and the district attorney may file for continued involuntary treatment for one year.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2970. (a) Not later than 180 days prior to the termination of parole, or release from prison if the prisoner refused to agree to treatment as a condition of parole as required by Section 2962, unless good cause is shown for the reduction of that 180-day period, if the parolee’s or prisoner’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, the medical director of the state hospital that is treating the parolee, or the community program director in charge of the parolee’s outpatient program, or the Secretary of the Department of Corrections and Rehabilitation, shall submit to the district attorney of the county in which the parolee is receiving outpatient treatment, or for those in prison or in a state mental hospital, the district attorney of the county of commitment to prison, a written evaluation on remission. If requested by the district attorney, the written evaluation shall be accompanied by supporting affidavits. (b) The district attorney may then file a petition with the superior court for continued involuntary treatment for one year. The petition shall be accompanied by affidavits specifying that treatment, while the prisoner was released from prison on parole, has been continuously provided by the State Department of State Hospitals either in a state hospital or in an outpatient program. The petition shall also specify that the prisoner has a severe mental health disorder, that the severe mental health disorder is not in remission or cannot be kept in remission if the person’s treatment is not continued, and that, by reason of the person’s severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. (Amended by Stats. 2019, Ch. 9, Sec. 10. (AB 46) Effective January 1, 2020.)
  90. 29700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Punishment [29700 - 29705] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A minor who violates this chapter must be punished, usually as a misdemeanor, with imprisonment or county jail time applying in specified repeat-offense situations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Punishment [29700 - 29705] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29700. Every minor who violates this chapter shall be punished as follows: (a) By imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail if one of the following applies: (1) The minor has been found guilty previously of violating this chapter. (2) The minor has been found guilty previously of an offense specified in Section 29905, 32625, or 33410, or an offense specified in any provision listed in Section 16590. (3) The minor has been found guilty of possessing a handgun in violation of Section 29610. (b) Violations of this chapter other than those violations specified in subdivision (a) shall be punishable as a misdemeanor. (Amended by Stats. 2021, Ch. 250, Sec. 23. (SB 715) Effective January 1, 2022.)
  91. 29705.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Punishment [29700 - 29705] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    In certain juvenile enforcement proceedings, the court may require a custodial parent or legal guardian to attend parenting education classes.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Punishment [29700 - 29705] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29705. In a proceeding to enforce this chapter brought pursuant to Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the court may require the custodial parent or legal guardian of a minor who violates this chapter to participate in classes on parenting education that meet the requirements established in Section 16507.7 of the Welfare and Institutions Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  92. 2972.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    This section sets procedures for a continued-treatment hearing, including counsel and jury-trial rights, timing rules, proof standards, recommitment options, outpatient release, and treatment obligations.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2972. (a) (1) The court shall conduct a hearing on the petition under Section 2970 for continued treatment. The court shall advise the person of the right to be represented by an attorney and of the right to a jury trial. The attorney for the person shall be given a copy of the petition, and any supporting documents. The hearing shall be a civil hearing, however, in order to reduce costs the rules of criminal discovery, as well as civil discovery, shall be applicable. (2) The standard of proof under this section shall be proof beyond a reasonable doubt, and if the trial is by jury, the jury shall be unanimous in its verdict. The trial shall be by jury unless waived by both the person and the district attorney. The trial shall commence no later than 30 calendar days prior to the time the person would otherwise have been released, unless the time is waived by the person or unless good cause is shown. (b) The people shall be represented by the district attorney. If the person is indigent, the county public defender shall be appointed. (c) If the court or jury finds that the patient has a severe mental health disorder, that the patient’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, and that by reason of the patient’s severe mental health disorder, the patient represents a substantial danger of physical harm to others, the court shall order the patient recommitted to the facility in which the patient was confined at the time the petition was filed, or recommitted to the outpatient program in which the patient was being treated at the time the petition was filed, or committed to the State Department of State Hospitals if the person was in prison. The commitment shall be for a period of one year from the date of termination of parole or a previous commitment or the scheduled date of release from prison as specified in Section 2970. Time spent on outpatient status, except when placed in a locked facility at the direction of the outpatient supervisor, shall not count as actual custody and shall not be credited toward the person’s maximum term of commitment or toward the person’s term of extended commitment. (d) A person shall be released on outpatient status if the committing court finds that there is reasonable cause to believe that the committed person can be safely and effectively treated on an outpatient basis. Except as provided in this subdivision, the provisions of Title 15 (commencing with Section 1600) of Part 2 apply to persons placed on outpatient status pursuant to this paragraph. The standard for revocation under Section 1609 is that the person cannot be safely and effectively treated on an outpatient basis. (e) Prior to the termination of a commitment under this section, a petition for recommitment may be filed to determine whether the patient’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, and whether by reason of the patient’s severe mental health disorder, the patient represents a substantial danger of physical harm to others. The recommitment proceeding shall be conducted in accordance with the provisions of this section. (f) A commitment under this article places an affirmative obligation on the treatment facility to provide treatment for the underlying causes of the person’s mental health disorder. (g) Except as provided in this subdivision, the person committed shall be considered to be an involuntary mental health patient and shall be entitled to those rights set forth in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code. Commencing January 1, 1986, the State Department of Mental Health, or its successor, the State Department of State Hospitals, may adopt regulations to modify those rights as is necessary in order to provide for the reasonable security of the inpatient facility in which the patient is being held. This subdivision and the regulations adopted pursuant thereto shall become operative on January 1, 1987, except that regulations may be adopted prior to that date. (Amended by Stats. 2019, Ch. 9, Sec. 11. (AB 46) Effective January 1, 2020.)
  93. 2972.1.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    This section limits outpatient status to one year and sets court procedures for notice, reports, hearings, jury trials, and final disposition.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2972.1. (a) Outpatient status for persons committed pursuant to Section 2972 shall be for a period not to exceed one year. Pursuant to Section 1606, at the end of a period of outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the defense attorney, the community program director or a designee, the medical director of the facility that is treating the person, and the person on outpatient status, and after a hearing in court, either discharge the person from commitment under appropriate provisions of law, order the person confined to a treatment facility, or renew its approval of outpatient status. (b) Prior to the hearing described in subdivision (a), the community program director or a designee shall furnish a report and recommendation to the court, the prosecution, the defense attorney, the medical director of the facility that is treating the person, and the person on outpatient status. If the recommendation is that the person continue on outpatient status or be confined to a treatment facility, the report shall also contain a statement that conforms with requirements of subdivision (c). (c) (1) Upon receipt of a report prepared pursuant to Section 1606 that recommends confinement or continued outpatient treatment, the court shall direct prior defense counsel, or, if necessary, appoint new defense counsel, to meet and confer with the person who is on outpatient status and explain the recommendation contained therein. Following this meeting, both defense counsel and the person on outpatient status shall sign and return to the court a form which shall read as follows: “Check One: “____ I do not believe that I need further treatment and I demand a jury trial to decide this question. “___ I accept the recommendation that I continue treatment.” (2) The signed form shall be returned to the court at least 10 days prior to the hearing described in subdivision (a). If the person on outpatient status refuses or is unable to sign the form, his or her counsel shall indicate, in writing, that the form and the report prepared pursuant to Section 1606 were explained to the person and the person refused or was unable to sign the form. (d) If the person on outpatient status either requests a jury trial or fails to waive his or her right to a jury trial, a jury trial meeting all of the requirements of Section 2972 shall be set within 60 days of the initial hearing. (e) The trier of fact, or the court if trial is waived, shall determine whether or not the requirements of subdivisions (c) and (d) of Section 2972 have been met. The court shall then make an appropriate disposition under subdivision (a) of this section. (f) The court shall notify the community program director or a designee, the person on outpatient status, and the medical director or person in charge of the facility providing treatment of the person whether or not the person was found suitable for release. (Added by Stats. 2000, Ch. 324, Sec. 4. Effective January 1, 2001.)
  94. 2974.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    The Director of Corrections may place a qualifying inmate or parolee in a state hospital before release or ending supervision, if there is probable cause.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2974. Before releasing any inmate or terminating supervision of any parolee who is a danger to self or others, or gravely disabled as a result of a mental health disorder, and who does not come within the provisions of Section 2962, the Director of Corrections may, upon probable cause, place, or cause to be placed, the person in a state hospital pursuant to the Lanterman-Petris-Short Act, Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 9, Sec. 12. (AB 46) Effective January 1, 2020.)
  95. 29750.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Legislative Intent [29750- 29750.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This provision says the Legislature did not intend to change existing law about minors being loaned or possessing live ammunition or a firearm for self-defense or defense of others.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Juvenile [29610 - 29750] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Legislative Intent [29750- 29750.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29750. (a) In enacting the amendments to former Sections 12078 and 12101 by Section 10 of Chapter 33 of the Statutes of 1994, First Extraordinary Session, it was not the intent of the Legislature to expand or narrow the application of the then-existing statutory and judicial authority as to the rights of minors to be loaned or to possess live ammunition or a firearm for the purpose of self-defense or the defense of others. (b) In enacting the act that adds this subdivision, it is not the intent of the Legislature to expand or narrow the application of existing statutory and judicial authority as to the rights of minors to be loaned or to possess live ammunition or a firearm for the purpose of self-defense or the defense of others. (Amended by Stats. 2021, Ch. 250, Sec. 24. (SB 715) Effective January 1, 2022.)
  96. 2976.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    Treatment costs are a state expense while the person is under the jurisdiction of CDCR or the State Department of State Hospitals, and placement outside a CDCR facility for inpatient treatment does not count as release from imprisonment or custody before the maximum term ends.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2976. (a) The cost of inpatient or outpatient treatment under Section 2962 or 2972 shall be a state expense while the person is under the jurisdiction of the Department of Corrections and Rehabilitation or the State Department of State Hospitals. (b) Any person placed outside of a facility of the Department of Corrections and Rehabilitation for the purposes of inpatient treatment under this article shall not be deemed to be released from imprisonment or from the custody of the Department of Corrections and Rehabilitation prior to the expiration of the maximum term of imprisonment of the person. (Amended by Stats. 2012, Ch. 24, Sec. 41. (AB 1470) Effective June 27, 2012.)
  97. 2977.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    Certain mentally disordered offenders in State Department of State Hospitals care are eligible for compassionate release, and the department must use Section 4146 procedures and standards to decide whether to recommend suspension of the commitment.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2977. A person committed to the care of the State Department of State Hospitals because he or she is a mentally disordered offender, including a person who is found not guilty by reason of insanity, is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment be suspended for compassionate release. This section applies to persons committed for treatment during parole and persons committed pursuant to Section 2970. If the person for whom compassionate release is recommended is on parole, notice shall be given to the Board of Parole Hearings. (Added by Stats. 2016, Ch. 715, Sec. 3. (SB 955) Effective January 1, 2017.)
  98. 2978.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    The listed departments must send the Board of Parole Hearings an annual July 1 list of 20 or more agreed-upon independent professionals, and the Board may appoint only from that list.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2978. (a) Any independent professionals appointed by the Board of Parole Hearings for purposes of this article shall not be state government employees. The independent professionals appointed shall have at least five years of experience in the diagnosis and treatment of mental health disorders and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. (b) On July 1 of each year the Department of Corrections and Rehabilitation and the State Department of State Hospitals shall submit to the Board of Parole Hearings a list of 20 or more independent professionals on which both departments concur. The professionals shall not be state government employees and shall have at least five years of experience in the diagnosis and treatment of mental health disorders and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. For purposes of this article, once the Board of Parole Hearings receives the list, it shall only appoint independent professionals from the list. The list is not binding on the Board of Parole Hearings until it has received the list, and is not binding after June 30 following receipt of the list. (Amended by Stats. 2019, Ch. 9, Sec. 13. (AB 46) Effective January 1, 2020.)
  99. 298.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. )

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    A person who is required to provide DNA-related specimens or prints and refuses after written notice commits a misdemeanor; authorized correctional or law enforcement personnel may use reasonable force to collect them under stated limits.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 298.1. (a) On and after January 1, 1999, any person who refuses to give any or all of the following, blood specimens, saliva samples, or thumb or palm print impressions as required by this chapter, once he or she has received written notice from the Department of Justice, the Department of Corrections and Rehabilitation, any law enforcement personnel, or officer of the court that he or she is required to provide specimens, samples, and print impressions pursuant to this chapter is guilty of a misdemeanor. The refusal or failure to give any or all of the following, a blood specimen, saliva sample, or thumb or palm print impression is punishable as a separate offense by both a fine of five hundred dollars ($500) and imprisonment of up to one year in a county jail, or if the person is already imprisoned in the state prison, by sanctions for misdemeanors according to a schedule determined by the Department of Corrections and Rehabilitation. (b) (1) Notwithstanding subdivision (a), authorized law enforcement, custodial, or corrections personnel, including peace officers as defined in Sections 830, 830.1, subdivision (d) of Section 830.2, Sections 830.38, 830.5, or 830.55, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions pursuant to this chapter from individuals who, after written or oral request, refuse to provide those specimens, samples, or thumb or palm print impressions. (2) The withdrawal of blood shall be performed in a medically approved manner in accordance with the requirements of paragraph (2) of subdivision (b) of Section 298. (3) The use of reasonable force as provided in this subdivision shall be carried out in a manner consistent with regulations and guidelines adopted pursuant to subdivision (c). (c) (1) The Department of Corrections and Rehabilitation and the Division of Juvenile Justice shall adopt regulations governing the use of reasonable force as provided in subdivision (b), which shall include the following: (A) “Use of reasonable force” shall be defined as the force that an objective, trained, and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this chapter. (B) The use of reasonable force shall not be authorized without the prior written authorization of the supervising officer on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (C) The use of reasonable force shall be preceded by efforts to secure voluntary compliance with this section. (D) If the use of reasonable force includes a cell extraction, the regulations shall provide that the extraction be video recorded. (2) The Corrections Standards Authority shall adopt guidelines governing the use of reasonable force as provided in subdivision (b) for local detention facilities, which shall include the following: (A) “Use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this chapter. (B) The use of reasonable force shall not be authorized without the prior written authorization of the supervising officer on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (C) The use of reasonable force shall be preceded by efforts to secure voluntary compliance with this section. (D) If the use of reasonable force includes a cell extraction, the extraction shall be video recorded. (3) The Department of Corrections and Rehabilitation, the Division of Juvenile Justice, and the Corrections Standards Authority shall report to the Legislature not later than January 1, 2005, on the use of reasonable force pursuant to this section. The report shall include, but is not limited to, the number of refusals, the number of incidents of the use of reasonable force under this section, the type of force used, the efforts undertaken to obtain voluntary compliance, if any, and whether any medical attention was needed by the prisoner or personnel as a result of force being used. (Amended by Stats. 2009, Ch. 88, Sec. 71. (AB 176) Effective January 1, 2010.)
  100. 298.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. )

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    People required to submit a specimen or print under this chapter must not tamper with it or try to mislead officials about its source or identity; doing so is a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 298.2. (a) Any person who is required to submit a specimen sample or print impression pursuant to this chapter who engages or attempts to engage in any of the following acts is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years: (1) Knowingly facilitates the collection of a wrongfully attributed blood specimen, buccal swab sample, or thumb or palm print impression, with the intent that a government agent or employee be deceived as to the origin of a DNA profile or as to any identification information associated with a specimen, sample, or print impression required for submission pursuant to this chapter. (2) Knowingly tampers with any specimen, sample, print, or the collection container for any specimen or sample, with the intent that any government agent or employee be deceived as to the identity of the person to whom the specimen, sample, or print relates. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 14. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 69.)
  101. 298.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The Department of Justice DNA Laboratory may contract with other laboratories to anonymously analyze specimens and samples for forensic identification testing, and must immediately do so for certain unanalyzed samples when funds are available.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 4. Collection and Forwarding of Samples [298 - 298.3] ( Article 4 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 298.3. (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI’s CODIS System and the state’s DNA Database and Data Bank Program, the Department of Justice DNA Laboratory is authorized to contract with other laboratories, whether public or private, including law enforcement laboratories, that have the capability of fully analyzing offender specimens or samples within 60 days of receipt, for the anonymous analysis of specimens and samples for forensic identification testing as provided in this chapter and in accordance with the quality assurance requirement established by CODIS and ASCLD/LAB. (b) Contingent upon the availability of sufficient funds in the state’s DNA Identification Fund established pursuant to Section 76104.6, the Department of Justice DNA Laboratory shall immediately contract with other laboratories, whether public or private, including law enforcement laboratories, for the anonymous analysis of offender reference specimens or samples and any arrestee reference specimens or samples collected pursuant to subdivision (a) of Section 296 for forensic identification testing as provided in subdivision (a) of this section and in accordance with the quality assurance requirements established by CODIS and ASCLD/LAB for any specimens or samples that are not fully analyzed and uploaded into the CODIS database within six months of the receipt of the reference specimens or samples by the Department of Justice DNA Laboratory. (Added November 2, 2004, by initiative Proposition 69, Sec. 8. Note: Prop. 69 is titled the DNA Fingerprint, Unsolved Crime and Innocence Protection Act.)
  102. 2980.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    This article applies to people whose crimes were committed on or after January 1, 1986.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2980. This article applies to persons who committed their crimes on and after January 1, 1986. (Amended by Stats. 1989, Ch. 228, Sec. 5. Effective July 27, 1989.)
  103. 29800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain people with specified felony convictions, narcotics addiction, or an outstanding warrant may not own or possess firearms, and violating the section is a felony.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29800. (a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (3) Any person who has an outstanding warrant for any offense listed in this subdivision and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony. (c) Subdivision (a) shall not apply to a conviction or warrant for a felony under the laws of the United States unless either of the following criteria, as applicable, is satisfied: (1) Conviction of an offense under California law that includes comparable elements of the federal offense can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. (d) Subdivision (a) does not apply to a conviction for a nonviolent felony under the laws of any other state if both of the following criteria are satisfied: (1) The conviction has been vacated, set aside, expunged, or otherwise dismissed under the laws of the state where the defendant was convicted. (2) If the conviction resulted in a firearms prohibition under the laws of the state where the defendant was convicted, the vacatur, set aside, expungement, or dismissal of the conviction restored firearms rights under the laws of that state. (e) Subdivision (a) does not apply to a conviction for a nonviolent felony under the laws of any other state if both of the following criteria are satisfied: (1) The person received a full and unconditional pardon by the Governor of the other state for the felony conviction and the pardon restores civil rights that include firearms rights. (2) The person was never convicted of a felony involving the use of a dangerous weapon, as that phrase is used in Sections 4852.17 and 4854. (f) (1) As used in this section, “nonviolent felony” means an offense under the laws of any other state that does not include comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905. (2) An attempt, conspiracy, or solicitation to commit an offense under the laws of any other state that includes comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905 is not a “nonviolent felony,” as used in this section. (3) Aiding or abetting an offense under the laws of any other state that includes comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905 is not a “nonviolent felony,” as used in this section. (Amended by Stats. 2025, Ch. 570, Sec. 19. (AB 1078) Effective January 1, 2026.)
  104. 29805.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section generally bars covered persons from owning, buying, receiving, or having firearms if they meet the listed conviction or warrant conditions, and it requires the court to notify the Department of Justice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29805. (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (e) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (f) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (g) Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (a) of Section 597, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (h) Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (i) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. (Amended by Stats. 2025, Ch. 636, Sec. 7. (AB 1263) Effective January 1, 2026. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 63.)
  105. 2981.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. )

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    Certified custody records may be admitted as evidence to prove a prisoner received 90 days or more of treatment within the year before parole or release.

    ## 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 7. Execution of Sentences of Imprisonment [2900 - 2981] ( Heading of Chapter 7 renumbered from Chapter 6 by Stats. 1941, Ch. 893. ) ## ARTICLE 4. Disposition of Mentally Disordered Prisoners Upon Discharge [2960 - 2981] ( Article 4 added by Stats. 1969, Ch. 872. ) ## 2981. For the purpose of proving the fact that a prisoner has received 90 days or more of treatment within the year prior to the prisoner’s parole or release, the records or copies of records of any state penitentiary, county jail, federal penitentiary, or state hospital in which that person has been confined, when the records or copies thereof have been certified by the official custodian of those records, may be admitted as evidence. (Added by Stats. 1987, Ch. 687, Sec. 11.)
  106. 29810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    After certain convictions or adjudications, the person must give up all firearms and the court must order and supervise the relinquishment process.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29810. (a) (1) Upon conviction of, or adjudication for, any offense that renders a person subject to Section 29800, 29805, 29815, 29820, or 29825, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section within 48 hours of the conviction or adjudication if the person remains out of custody or within 14 days of the conviction or adjudication if the person is in custody. (2) The court shall, upon conviction or adjudication of a person for an offense described in subdivision (a), instruct the person that they are prohibited from owning, purchasing, receiving, possessing, or having under their custody or control, any firearms, ammunition, and ammunition feeding devices, including, but not limited to, magazines, and shall order the person to relinquish all firearms in the manner provided in this section. The court shall also provide the person with a Prohibited Persons Relinquishment Form developed by the Department of Justice. (3) Using the Prohibited Persons Relinquishment Form, the person shall name a designee and grant the designee power of attorney for the purpose of transferring or disposing of any firearms. The designee shall be either a local law enforcement agency or a consenting third party who is not prohibited from possessing firearms under state or federal law. The designee shall, within the time periods specified in subdivisions (d) and (e), surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer pursuant to Section 29830. (b) The Prohibited Persons Relinquishment Form shall do all of the following: (1) Inform the person that they are prohibited from owning, purchasing, receiving, possessing, or having under their custody or control, any firearms, ammunition, and, if applicable, ammunition feeding devices, including, but not limited to, magazines, and that they shall relinquish all firearms through a designee within the time periods set forth in subdivision (d) or (e) by surrendering the firearms to the control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant to Section 29830. (2) Inform the person that any cohabitant of the person who owns firearms must store those firearms in accordance with Section 25135. (3) Require the person to declare any firearms that they owned, possessed, or had under their custody or control at the time of their conviction or adjudication, and require the person to describe the firearms and provide all reasonably available information about the location of the firearms to enable a designee or law enforcement officials to locate the firearms. (4) Require the person to name a designee, if the person declares that they owned, possessed, or had under their custody or control any firearms at the time of their conviction or adjudication, and grant the designee power of attorney for the purpose of transferring or disposing of all firearms. (5) Require the designee to indicate their consent to the designation and, except a designee that is a law enforcement agency, to declare under penalty of perjury that they are not prohibited from possessing any firearms under state or federal law. (6) Require the designee to state the date each firearm was relinquished and the name of the party to whom it was relinquished, and to attach receipts from the law enforcement officer or licensed firearms dealer who took possession of the relinquished firearms. (7) Inform the person and the designee of the obligation to submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within the time periods specified in subdivisions (d) and (e). (c) (1) When a person is convicted of, or adjudicated for, an offense described in subdivision (a), the court shall immediately assign the matter to a probation officer to investigate whether the Automated Firearms System or other credible information, such as a police report, reveals that the person owns, possesses, or has under their custody or control any firearms. The assigned probation officer shall receive the Prohibited Persons Relinquishment Form from the person or the person’s designee, as applicable, and ensure that the Automated Firearms System has been properly updated to indicate that the person has relinquished those firearms. (2) Prior to final disposition or sentencing in the case, the assigned probation officer shall report to the court and the prosecuting attorney whether the person has properly complied with the requirements of this section by relinquishing all firearms identified by the probation officer’s investigation or declared by the person on the Prohibited Persons Relinquishment Form, and by timely submitting a completed Prohibited Persons Relinquishment Form. The probation officer shall also report to the Department of Justice on a form to be developed by the department whether the Automated Firearms System has been updated to indicate which firearms have been relinquished by the person. (3) If the report of the probation officer does not confirm relinquishment of firearms the court shall take one of the following actions: (A) If the court finds probable cause, after a warrant request has been submitted pursuant to Section 1524, that the person has failed to relinquish any firearms as required, the court shall order a search warrant for, and removal of, any firearms at any location where the judge has probable cause to believe the person’s firearms are located. The court shall set a court date to confirm relinquishment of all firearms. The search warrant shall be executed within 10 days pursuant to subdivision (a) of Section 1534. (B) If the court finds good cause to extend the time for providing proof of relinquishment, the court shall set a court date within 14 days for the person to provide proof of relinquishment. (C) If the court finds additional investigation is needed, the court shall refer the matter to the prosecuting attorney and set a court date within 14 days for status review. (4) Prior to final disposition or sentencing in the case, the court shall confirm that the person has relinquished all firearms as required, and that the court has received a completed Prohibited Persons Relinquishment Form, along with the receipts described in paragraph (1) of subdivision (d) or paragraph (1) of subdivision (e). The court shall ensure that these findings are included in the abstract of judgment. If necessary to avoid a delay in sentencing, the court may make and enter these findings within 14 days of sentencing. (5) Failure by a person to timely file the completed Prohibited Persons Relinquishment Form with the assigned probation officer shall constitute an infraction punishable by a fine not exceeding one hundred dollars ($100). (d) The following procedures shall apply to any person who is a prohibited person within the meaning of paragraph (1) of subdivision (a) who does not remain in custody at any time within the 48-hour period following conviction or adjudication: (1) The designee shall dispose of any firearms the person owns, possesses, or has under their custody or control within 48 hours of the conviction or adjudication by surrendering the firearms to the control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant to Section 29830, in accordance with the wishes of the person. Any proceeds from the sale of the firearms shall become the property of the person. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender. (2) If the person owns, possesses, or has under their custody or control any firearms to relinquish, the person’s designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within 48 hours following the conviction or adjudication, along with the receipts described in paragraph (1) of subdivision (d) showing the person’s firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. (3) If the person does not own, possess, or have under their custody or control any firearms to relinquish, they shall, within 48 hours following conviction or adjudication, submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a statement affirming that they have no firearms to be relinquished. (e) The following procedures shall apply to any person who is a prohibited person within the meaning of paragraph (1) of subdivision (a) who is in custody at any point within the 48-hour period following conviction or adjudication: (1) The designee shall dispose of any firearms the person owns, possesses, or has under their custody or control within 14 days of the conviction or adjudication by surrendering the firearms to the control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant to Section 29830, in accordance with the wishes of the person. Any proceeds from the sale of the firearms shall become the property of the person. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender. (2) If the person owns, possesses, or has under their custody or control any firearms to relinquish, the person’s designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, within 14 days following conviction or adjudication, along with the receipts described in paragraph (1) of subdivision (e) showing the person’s firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. (3) If the person does not own, possess, or have under their custody or control any firearms to relinquish, they shall, within 14 days following conviction or adjudication, submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a statement affirming that they have no firearms to be relinquished. (4) If the person is released from custody during the 14 days following conviction or adjudication and a designee has not yet taken temporary possession of each firearm to be relinquished as described above, the person shall, within 5 days following their release, relinquish each firearm required to be relinquished pursuant to paragraph (1) of subdivision (d). (f) For good cause, the court may shorten or enlarge the time periods specified in subdivisions (d) and (e), enlarge the time period specified in paragraph (3) of subdivision (c), or allow an alternative method of relinquishment. (g) The person shall not be subject to prosecution for unlawful possession of any firearms declared on the Prohibited Persons Relinquishment Form if the firearms are relinquished as required. (h) Any firearms that would otherwise be subject to relinquishment by a person under this section, but which are lawfully owned by a cohabitant of the person, shall be exempt from relinquishment, provided the person is notified that the cohabitant must store the firearm in accordance with Section 25135. (i) A law enforcement agency shall update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to this section. A law enforcement agency shall retain a firearm that was relinquished to the agency pursuant to this section for 30 days after the date the firearm was relinquished. After the 30-day period has expired, the firearm is subject to destruction, retention, or other transfer by the agency, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention of the firearm is necessary or proper to the ends of justice, or if the person provides written notice of an intent to appeal a conviction or adjudication for an offense described in subdivision (a), or if the Automated Firearms System indicates that the firearm was reported lost or stolen by the lawful owner. If the firearm was reported lost or stolen, the firearm shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. The agency shall notify the Department of Justice of the disposition of relinquished firearms pursuant to Section 34010. (j) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm pursuant to Section 33880. (k) If a person declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section. (l) This section shall become operative on January 1, 2026. (Amended (as added by Stats. 2024, Ch. 544, Sec. 28) by Stats. 2025, Ch. 362, Sec. 3. (AB 383) Effective January 1, 2026.)
  107. 29813.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must give local law enforcement agencies and the district attorney portal access to certain firearm-relinquishment information, and local agencies must designate a person and report quarterly to DOJ.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29813. The Department of Justice shall provide local law enforcement agencies and the district attorney access through an electronic portal to information regarding individuals residing in their jurisdiction listed in the Armed Prohibited Persons System who have not provided proof of relinquishment of firearms registered in their name. Each local law enforcement agency shall designate a person to access or receive the information and shall report to the Department of Justice quarterly regarding steps taken to verify that the individuals are no longer in possession of firearms. Law enforcement agencies operating in the same jurisdiction may agree to designate one lead agency for their jurisdiction to report on the steps taken to verify individuals are no longer in possession of firearms. (Added by Stats. 2023, Ch. 240, Sec. 4. (AB 732) Effective January 1, 2024.)
  108. 29815.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person on probation with a firearm restriction cannot own or possess a firearm, and the court must notify the Department of Justice about persons covered by the section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29815. (a) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, purchases, receives, or has in possession or under custody or control, any firearm, but who is not subject to Section 29805 or subdivision (a) of Section 29800, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) The court, on forms provided by the Department of Justice, shall notify the department of persons subject to this section. The notice shall include a copy of the order of probation and a copy of any minute order or abstract reflecting the order and conditions of probation. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  109. 29820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain persons under subdivision (a) may not possess or control a firearm until age 30, and the juvenile court must notify the Department of Justice about persons subject to the section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29820. (a) This section applies to a person who satisfies both of the following requirements: (1) The person meets one of the following: (A) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (B) The person was convicted of violating Section 11351 or 11351.5 of the Health and Safety Code by possessing for sale, or Section 11352 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code, or 57 grams or more of a substance containing at least 5 grams of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code. (C) The person was convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine. (D) The person was convicted of violating subdivision (a) of Section 11379.6 of the Health and Safety Code, except those who manufacture phencyclidine, or who is convicted of an act that is punishable under subdivision (b) of Section 11379.6 of the Health and Safety Code, except those who offer to perform an act that aids in the manufacture of phencyclidine. (E) Except as otherwise provided in Section 1203.07, the person was convicted of violating Section 11353 or 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of the Health and Safety Code, or methamphetamine. (F) The person was convicted of violating Section 11379.6, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine, if the person has one or more prior convictions for a violation of Section 11378, 11379, 11379.6, 11380, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine. (G) The person was alleged to have committed an offense enumerated in Section 29805 or an offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a) of Section 26100. (2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in paragraph (1). (b) A person described in subdivision (a) shall not own, or have in possession or under custody or control, a firearm until the person is 30 years of age or older. (c) A violation of this section shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (d) The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this section may be used to determine eligibility to acquire a firearm. (Amended by Stats. 2021, Ch. 537, Sec. 5. (SB 73) Effective January 1, 2022.)
  110. 29825.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person prohibited by certain restraining or protective orders must not buy, receive, own, or possess a firearm, and violating this can be charged as a public offense with jail, prison, and/or a fine.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29825. (a) A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision (k) of Section 646.9, Section 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) A person who owns or possesses a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision (k) of Section 646.9, Section 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (c) If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with Section 1203.097. (d) The Judicial Council shall provide notice on all protective orders issued within the state that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that a firearm owned or possessed by the person shall be relinquished to the local law enforcement agency for that jurisdiction, sold to a licensed firearms dealer, or transferred to a licensed firearms dealer pursuant to Section 29830 for the duration of the period that the protective order is in effect, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment. (Amended by Stats. 2024, Ch. 538, Sec. 8. (AB 2907) Effective January 1, 2025.)
  111. 29825.5.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    People subject to certain protective orders must give up firearms, and courts must order the surrender process.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29825.5. (a) A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section. (b) Upon the issuance of a protective order, the court shall order the restrained person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of a local law enforcement agency, or by selling the firearm to a licensed firearms dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. The court shall provide the person with information on how any firearms or ammunition still in the possession of the restrained party are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. (c) If a person refuses to relinquish a firearm or ammunition based on an assertion of the right against self-incrimination as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition as required pursuant to this section. (d) A local law enforcement agency may charge a person subject to a protective order a fee for the storage of any firearm relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 26700 or to the person relinquishing the firearm. (e) The protective order shall state on its face that the restrained person is prohibited from owning, possessing, purchasing, or receiving a firearm while the protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. This section does not limit a respondent’s right under existing law to petition the court at a later date for modification of the order. (f) The protective order shall prohibit the person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm to the restrained person, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the person is prohibited from possessing a firearm because they are in any prohibited class for the possession of firearms, as defined in this chapter and Chapter 3 (commencing with Section 29900), and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive order has been issued against the person under this section. If the local law enforcement agency determines that the restrained person is the legal owner of any firearm deposited with the local law enforcement agency and is prohibited from possessing any firearm, the person shall be entitled to sell or transfer the firearm to a licensed dealer as defined in Section 26700. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon their identification of the firearm and proof of ownership. (g) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm or ammunition if the restrained person is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies: (1) (A) The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where the use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of the following: (i) The peace officer’s personal safety depends on the ability to carry that specified firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (ii) The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph. (B) Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence. (2) (A) If the respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In such a case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an additional threat of harm to a protected party or the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition or firearm and ammunition for a purpose other than as permitted under this paragraph. (B) To assist the court in making this determination, the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise. (C) If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to possess any other firearm or ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (h) During the period of the relinquishment order, the restrained person is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A licensed firearms dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the restrained person that are in the possession of the local law enforcement agency have been sold by the restrained person to the licensed firearms dealer, shall be given possession of those firearms, at the location where the firearms are stored, within five days of presenting the local law enforcement agency with the bill of sale. (i) (1) The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545. (2) Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11. (Added by Stats. 2024, Ch. 538, Sec. 9. (AB 2907) Effective January 1, 2025.)
  112. 29830.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some prohibited persons may transfer firearms, ammunition feeding devices, or ammunition to licensed dealers or vendors for storage, and dealers or vendors must notify the Department of Justice when they take possession.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibitions on Firearm Access [29800 - 29830] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29830. (a) A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in their possession, or of which they are the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810. (b) A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition. (c) A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition. (d) Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. (e) Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10. (f) If the dealer cannot legally return the firearm to the owner, then the following procedure shall apply: (1) The owner of the firearm may request, and the dealer shall grant, that the dealer retain possession of the firearm for a period of up to 45 days so that the owner may designate a person to take possession of that firearm in accordance with Section 27540. This 45-day period shall be in addition to the waiting period described in Sections 26815 and 27540, and any time necessary to process a transaction. (2) If, before the end of the 45-day period, the owner designates a person to receive the firearm and that person completes an application to purchase, the dealer shall process the transaction in accordance with the provisions of Section 27540. (3) If the owner of the firearm does not request that the firearm be held by the dealer pursuant to this subdivision, the firearm cannot be delivered to the designated person, or if the 45-day period expires without action by the person loaning the firearm, the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county where the dealership is located, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000. (g) If the dealer or ammunition vendor cannot legally return the ammunition or ammunition feeding device, then the following procedure shall apply: (1) The owner of the ammunition may request, and the dealer or ammunition vendor shall grant, that the dealer or ammunition vendor retain possession of the ammunition for a period of up to 45 days so that the owner of the ammunition or ammunition feeding device may designate a person to take possession of that ammunition. (2) If, before the end of the 45-day period, the owner of the ammunition or ammunition feeding device designates a person to receive the ammunition and ammunition feeding device the ammunition and ammunition feeding device shall be transferred by that firearms dealer or ammunition vendor to the new owner of the same in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10. (3) If, before the end of the 45-day period, the only property is an ammunition feeding device, the owner designates a person to receive the ammunition feeding device, it shall be transferred by that firearms dealer or ammunition vendor to the new owner of the same in accordance with any procedures, if any, set forth by the Department of Justice. (4) If the owner of the ammunition or ammunition feeding device, or both, does not request that the ammunition or ammunition feeding device, or both, be held by the dealer or ammunition vendor pursuant to this subdivision or the ammunition or ammunition feeding device, or both, cannot be delivered to the designated person, or the 45-day period expires without action by the owner, the dealer or ammunition vendor shall forthwith deliver the ammunition or ammunition feeding device, or both, to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county where the dealership is located, who shall then dispose of the ammunition or ammunition feeding device in the manner provided by Sections 18000, 18005, and 34000. (h) This section shall become operative on January 1, 2026. (Repealed (in Sec. 29) and added by Stats. 2024, Ch. 544, Sec. 30. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  113. 29850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section makes certain firearm-possession violations justifiable if the listed conditions are met, and it places the burden on the defendant to prove the exemption.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29850. (a) A violation of Section 29800, 29805, 29815, or 29820 is justifiable where all of the following conditions are met: (1) The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm. (2) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law or to a licensed firearms dealer for transfer or for storage pursuant to Section 29830. (3) If the firearm was transported to a law enforcement agency or to a licensed firearms dealer, it was transported in accordance with subdivision (b) of Section 25570. (4) If the firearm is being transported to a law enforcement agency or to a licensed firearms dealer, the person transporting the firearm has given prior notice to the law enforcement agency or to the licensed firearms dealer that the person is transporting the firearm to the law enforcement agency or the licensed firearms dealer for disposition according to law. (b) Upon the trial for violating Section 29800, 29805, 29815, or 29820, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this section. (c) The defendant has the burden of proving by a preponderance of the evidence that the defendant comes within the provisions of the exemption created by this section. (Amended by Stats. 2013, Ch. 739, Sec. 5. (AB 539) Effective January 1, 2014.)
  114. 29855.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain peace officers may ask the court once for relief from a firearm prohibition, and the court can grant relief if required findings are made.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29855. (a) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by Section 29805 because of a conviction under Section 273.5, 273.6, or 646.9, may petition the court only once for relief from this prohibition. (b) The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge who sentenced the petitioner. (c) Upon filing the petition, the clerk of the court shall set the hearing date and shall notify the petitioner and the prosecuting attorney of the date of the hearing. (d) Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (1) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (2) Finds that the petitioner is not within a prohibited class as specified in Section 29815, 29820, 29825, or 29900, or subdivision (a) or (b) of Section 29800, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (3) Finds that the petitioner does not have a previous conviction under Section 29805, no matter when the prior conviction occurred. (e) In making its decision, the court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under Section 29805, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this section in cases in which relief is warranted. However, nothing in this section shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by Section 29805. (Amended by Stats. 2011, Ch. 296, Sec. 239. (AB 1023) Effective January 1, 2012.)
  115. 29860.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some eligible persons may petition the court once for relief from the Section 29805 prohibition, and the court can grant, limit, or deny relief after specified findings.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29860. (a) Any person who is subject to the prohibition imposed by Section 29805 because of a conviction of an offense prior to that offense being added to Section 29805 may petition the court only once for relief from this prohibition. (b) The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. (c) Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. (d) Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (1) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (2) Finds that the petitioner is not within a prohibited class as specified in Section 29815, 29820, 29825, or 29900, or subdivision (a) or (b) of Section 29800, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (3) Finds that the petitioner does not have a previous conviction under Section 29805, no matter when the prior conviction occurred. (e) In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this section in cases in which relief is warranted. However, nothing in this section shall be construed to require courts to grant relief to any particular petitioner. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  116. 29865.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Law enforcement officials enforcing Section 29805 are immune from false-arrest liability when acting against a person granted relief under Sections 29855 or 29860, unless that person has a certified copy of the court order.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exemption or Petition for Relief [29850 - 29865] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29865. Law enforcement officials who enforce the prohibition specified in Section 29805 against a person who has been granted relief pursuant to Section 29855 or 29860 shall be immune from any liability for false arrest arising from the enforcement of Section 29805 unless the person has in possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability shall not relieve any person or entity from any other liability that might otherwise be imposed. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  117. 29875.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Miscellaneous Provisions [29875 - 29880] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must develop a protocol for implementing certain firearm-restriction provisions, if funding is available, and complete it by January 1, 2005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Miscellaneous Provisions [29875 - 29880] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29875. Subject to available funding, the Attorney General, working with the Judicial Council, the California Alliance Against Domestic Violence, prosecutors, and law enforcement, probation, and parole officers, shall develop a protocol for the implementation of the provisions of Section 12021, as it reads in Section 2 of Chapter 830 of the Statutes of 2002, and as later amended at any time before completion of the protocol. The protocol shall be designed to facilitate the enforcement of restrictions on firearm ownership, including provisions for giving notice to defendants who are restricted, provisions for informing those defendants of the procedures by which defendants shall dispose of firearms when required to do so, provisions explaining how defendants shall provide proof of the lawful disposition of firearms, and provisions explaining how defendants may obtain possession of seized firearms when legally permitted to do so pursuant to any provision of law. The protocol shall be completed on or before January 1, 2005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  118. 29880.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Miscellaneous Provisions [29875 - 29880] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    If the Department of Justice learns that a prohibited person tried to acquire or report ownership of a firearm, it must notify the local law enforcement agency; in some cases it must also notify the county mental health department.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order [29800 - 29880] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Miscellaneous Provisions [29875 - 29880] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29880. (a) If the Department of Justice determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by this chapter, Chapter 3 (commencing with Section 29900), or Section 8100 or 8103 of the Welfare and Institutions Code has attempted to acquire a firearm, or has attempted to report their acquisition or ownership of a firearm in order to have it listed in the registry set forth in Section 11106 as owned by that person, whether the report is mandated by this part or made pursuant to Section 28000, the department shall notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the attempt in a manner and format prescribed by the Department of Justice. (b) If a person described in subdivision (a) is prohibited from owning or possessing a firearm pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, the department shall also notify the county department of mental health in the county in which the person was last known to reside. (Added by Stats. 2022, Ch. 100, Sec. 1. (AB 2551) Effective January 1, 2023.)
  119. 299.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. )

    Verify source ↗

    This section keeps DNA and forensic identification records confidential, limits who may receive them, and punishes unauthorized use or disclosure.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 299.5. (a) All DNA and forensic identification profiles and other identification information retained by the Department of Justice pursuant to this chapter are exempt from any law requiring disclosure of information to the public and shall be confidential except as otherwise provided in this chapter. (b) All evidence and forensic samples containing biological material retained by the Department of Justice DNA Laboratory or other state law enforcement agency are exempt from any law requiring disclosure of information to the public or the return of biological specimens, samples, or print impressions. (c) Non-DNA forensic identification information may be filed with the offender’s file maintained by the Sex Registration Unit of the Department of Justice or in other computerized data bank or database systems maintained by the Department of Justice. (d) The DNA and other forensic identification information retained by the Department of Justice pursuant to this chapter shall not be included in the state summary criminal history information. However, nothing in this chapter precludes law enforcement personnel from entering into a person’s criminal history information or offender file maintained by the Department of Justice, the fact that the specimens, samples, and print impressions required by this chapter have or have not been collected from that person. (e) The fact that the blood specimens, saliva or buccal swab samples, and print impressions required by this chapter have been received by the DNA Laboratory of the Department of Justice shall be included in the state summary criminal history information as soon as administratively practicable. The full palm prints of each hand shall be filed and maintained by the Automated Latent Print Section of the Bureau of Criminal Identification and Information of the Department of Justice, and may be included in the state summary criminal history information. (f) DNA samples and DNA profiles and other forensic identification information shall be released only to law enforcement agencies, including, but not limited to, parole officers of the Department of Corrections, hearing officers of the parole authority, probation officers, the Attorney General’s office, district attorneys’ offices, and prosecuting city attorneys’ offices, unless otherwise specifically authorized by this chapter. Dissemination of DNA specimens, samples, and DNA profiles and other forensic identification information to law enforcement agencies and district attorneys’ offices outside this state shall be performed in conformity with the provisions of this chapter. (g) A defendant’s DNA and other forensic identification information developed pursuant to this chapter shall be available to his or her defense counsel upon court order made pursuant to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2. (h) Except as provided in subdivision (g) and in order to protect the confidentiality and privacy of database and data bank information, the Department of Justice and local public DNA laboratories shall not otherwise be compelled in a criminal or civil proceeding to provide any DNA profile or forensic identification database or data bank information or its computer database program software or structures to any person or party seeking such records or information whether by subpoena or discovery, or other procedural device or inquiry. (i) (1) (A) Any person who knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or for other than the identification of missing persons, or who knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency, for other than criminal identification or exclusion purposes, or for the identification of missing persons, in violation of this chapter, shall be punished by imprisonment in a county jail not exceeding one year or by imprisonment in the state prison for 16 months, or two or three years. (B) Any person who, for the purpose of financial gain, knowingly uses a specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes or for the identification of missing persons or who, for the purpose of financial gain, knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency, for other than criminal identification or exclusion purposes or for other than the identification of missing persons, in violation of this chapter, shall, in addition to the penalty provided in subparagraph (A), be punished by a criminal fine in an amount three times that of any financial gain received or ten thousand dollars ($10,000), whichever is greater. (2) (A) If any employee of the Department of Justice knowingly uses a specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency, for other than criminal identification or exclusion purposes or for other than the identification of missing persons, in violation of this chapter, the department shall be liable in civil damages to the donor of the DNA identification information in the amount of five thousand dollars ($5,000) for each violation, plus attorney’s fees and costs. In the event of multiple disclosures, the total damages available to the donor of the DNA is limited to fifty thousand dollars ($50,000) plus attorney’s fees and costs. (B) (i) Notwithstanding any other law, this shall be the sole and exclusive remedy against the Department of Justice and its employees available to the donor of the DNA. (ii) The Department of Justice employee disclosing DNA identification information in violation of this chapter shall be absolutely immune from civil liability under this or any other law. (3) It is not a violation of this section for a law enforcement agency in its discretion to publicly disclose the fact of a DNA profile match, or the name of the person identified by the DNA match when this match is the basis of law enforcement’s investigation, arrest, or prosecution of a particular person, or the identification of a missing or abducted person. (j) It is not a violation of this chapter to furnish DNA or other forensic identification information of the defendant to his or her defense counsel for criminal defense purposes in compliance with discovery. (k) It is not a violation of this section for law enforcement to release DNA and other forensic identification information developed pursuant to this chapter to a jury or grand jury, or in a document filed with a court or administrative agency, or as part of a judicial or administrative proceeding, or for this information to become part of the public transcript or record of proceedings when, in the discretion of law enforcement, disclosure is necessary because the DNA information pertains to the basis for law enforcement’s identification, arrest, investigation, prosecution, or exclusion of a particular person related to the case. (l) It is not a violation of this section to include information obtained from a file in a transcript or record of a judicial proceeding, or in any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (m) It is not a violation of this section for the DNA Laboratory of the Department of Justice, or an organization retained as an agent of the Department of Justice, or a local public laboratory to use anonymous records or criminal history information obtained pursuant to this chapter for training, research, statistical analysis of populations, or quality assurance or quality control. (n) The Department of Justice shall make public the methodology and procedures to be used in its DNA program prior to the commencement of DNA testing in its laboratories. The Department of Justice shall review and consider on an ongoing basis the findings and results of any peer review and validation studies submitted to the department by members of the relevant scientific community experienced in the use of DNA technology. This material shall be available to criminal defense counsel upon court order made pursuant to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2. (o) In order to maintain the computer system security of the Department of Justice DNA and Forensic Identification Database and Data Bank Program, the computer software and database structures used by the DNA Laboratory of the Department of Justice to implement this chapter are confidential. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 15. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 69.)
  120. 299.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The Department of Justice may, at its sole discretion, share specified DNA database and forensic identification information with listed agencies and other entities, and may provide sample portions to local public law enforcement DNA laboratories if stated privacy and handling conditions are met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 299.6. (a) Nothing in this chapter shall prohibit the Department of Justice, in its sole discretion, from the sharing or disseminating of population database or data bank information, DNA profile or forensic identification database or data bank information, analytical data and results generated for forensic identification database and data bank purposes, or protocol and forensic DNA analysis methods and quality assurance or quality control procedures with any of the following: (1) Federal, state, or local law enforcement agencies. (2) Crime laboratories, whether public or private, that serve federal, state, and local law enforcement agencies that have been approved by the Department of Justice. (3) The attorney general’s office of any state. (4) Any state or federally authorized auditing agent or board that inspects or reviews the work of the Department of Justice DNA Laboratory for the purpose of ensuring that the laboratory meets ASCLD/LAB and FBI standards for accreditation and quality assurance standards necessary under this chapter and for the state’s participation in CODIS and other national or international crime-solving networks. (5) Any third party that the Department of Justice deems necessary to assist the department’s crime laboratory with statistical analyses of population databases, or the analyses of forensic protocol, research methods, or quality control procedures, or to assist in the recovery or identification of human remains for humanitarian purposes, including identification of missing persons. (b) The population databases and data banks of the DNA Laboratory of the Department of Justice may be made available to and searched by the FBI and any other agency participating in the FBI’s CODIS System or any other national or international law enforcement database or data bank system. (c) The Department of Justice may provide portions of biological samples including blood specimens, saliva samples, and buccal swab samples collected pursuant to this chapter to local public law enforcement DNA laboratories for identification purposes provided that the privacy provisions of this section are followed by the local public law enforcement laboratory and if each of the following conditions is met: (1) The procedures used by the local public DNA laboratory for the handling of specimens and samples and the disclosure of results are the same as those established by the Department of Justice pursuant to Sections 297, 298, and 299.5. (2) The methodologies and procedures used by the local public DNA laboratory for DNA or forensic identification analysis are compatible with those used by the Department of Justice, or otherwise are determined by the Department of Justice to be valid and appropriate for identification purposes. (3) Only tests of value to law enforcement for identification purposes are performed and a copy of the results of the analysis are sent to the Department of Justice. (4) All provisions of this section concerning privacy and security are followed. (5) The local public law enforcement DNA laboratory assumes all costs of securing the specimens and samples and provides appropriate tubes, labels, and materials necessary to secure the specimens and samples. (d) Any local DNA laboratory that produces DNA profiles of known reference samples for inclusion within the permanent files of the state’s DNA Data Bank program shall follow the policies of the DNA Laboratory of the Department of Justice. (Amended November 2, 2004, by initiative Proposition 69, Sec. 11.)
  121. 299.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The Department of Justice may dispose of unused, unused portions of, and expired specimens and samples, but must do so in a way that protects identity and origin from disclosure.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 6. Limitations on Disclosure [299.5 - 299.7] ( Article 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 299.7. The Department of Justice is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples in the normal course of business and in a reasonable manner as long as the disposal method is designed to protect the identity and origin of specimens and samples from disclosure to third persons who are not a part of law enforcement. (Added by Stats. 1998, Ch. 696, Sec. 2. Effective January 1, 1999.)
  122. 29900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Person Convicted of Violent Offense [29900 - 29905] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    People previously convicted of certain listed offenses who possess or control a firearm are guilty of a felony; the court generally must apply the minimum sentence, with a possible probation/suspension exception in unusual cases.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Person Convicted of Violent Offense [29900 - 29905] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29900. (a) (1) Notwithstanding subdivision (a) of Section 29800, any person who has been previously convicted of any of the offenses listed in Section 29905 and who owns or has in possession or under custody or control any firearm is guilty of a felony. (2) A dismissal of an accusatory pleading pursuant to Section 1203.4a involving an offense set forth in Section 29905 does not affect the finding of a previous conviction. (3) If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (b) (1) Any person previously convicted of any of the offenses listed in Section 29905 which conviction results from certification by the juvenile court for prosecution as an adult in adult court under the provisions of Section 707 of the Welfare and Institutions Code, who owns or has in possession or under custody or control any firearm, is guilty of a felony. (2) If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (c) The court shall apply the minimum sentence as specified in subdivisions (a) and (b) except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the imprisonment required by subdivisions (a) and (b), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivisions (a) and (b), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by the disposition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  123. 29905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Person Convicted of Violent Offense [29900 - 29905] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines which offenses count as a “violent offense” for this chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Person Convicted of Violent Offense [29900 - 29905] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 29905. (a) As used in this chapter, a violent offense includes any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape. (4) Sodomy by force, violence, duress, menace, or threat of great bodily harm. (5) Oral copulation by force, violence, duress, menace, or threat of great bodily harm. (6) Lewd acts on a child under the age of 14 years. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven. (9) Attempted murder. (10) Assault with intent to commit rape or robbery. (11) Assault with a deadly weapon or instrument on a peace officer. (12) Assault by a life prisoner on a noninmate. (13) Assault with a deadly weapon by an inmate. (14) Arson. (15) Exploding a destructive device or any explosive with intent to injure. (16) Exploding a destructive device or any explosive causing great bodily injury. (17) Exploding a destructive device or any explosive with intent to murder. (18) Robbery. (19) Kidnapping. (20) Taking of a hostage by an inmate of a state prison. (21) Attempt to commit a felony punishable by death or imprisonment in the state prison for life. (22) Any felony in which the defendant personally used a dangerous or deadly weapon. (23) Escape from a state prison by use of force or violence. (24) Assault with a deadly weapon or force likely to produce great bodily injury. (25) Any felony violation of Section 186.22. (26) Any offense enumerated in subdivision (a), (b), or (d) of Section 23515. (27) Carjacking. (28) Any offense enumerated in subdivision (c) of Section 23515 if the person has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417. (b) As used in this chapter, a violent offense also includes any attempt to commit a crime listed in subdivision (a) other than an assault. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  124. 30.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. )

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    This section classifies parties to crimes as principals or accessories.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. ) ## 30. The parties to crimes are classified as: 1. Principals; and, 2. Accessories. (Enacted 1872.)
  125. 300.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The chapter does not limit law enforcement officers’ existing authority to collect, keep, store, and use certain DNA and forensic identification materials for identification purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 300. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA or forensic identification markers, blood specimens, buccal swab samples, saliva samples, or thumb or palm print impressions for identification purposes. (Amended November 2, 2004, by initiative Proposition 69, Sec. 12.)
  126. 300.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. )

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    This section says the chapter does not limit local law enforcement, the Department of Justice, or county coroners in the stated ways.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 300.1. (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain their own DNA-related databases or data banks, or to restrict the Department of Justice with respect to data banks and databases created by other statutory authority, including, but not limited to, databases related to fingerprints, firearms and other weapons, child abuse, domestic violence deaths, child deaths, driving offenses, missing persons, violent crime information as described in Title 12 (commencing with Section 14200) of Part 4, and criminal justice statistics permitted by Section 13305. (b) Nothing in this chapter shall be construed to limit the authority of local or county coroners or their agents, in the course of their scientific investigation, to utilize genetic and DNA technology to inquire into and determine the circumstances, manner, and cause of death, or to employ or use outside laboratories, hospitals, or research institutions that utilize genetic and DNA technology. (Amended November 2, 2004, by initiative Proposition 69, Sec. 13.)
  127. 300.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. )

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    Saliva-sample requirements under this chapter are to be read as buccal-swab requirements; the Department of Justice may keep and use previously collected saliva and other biological samples for its database, databank, and quality control purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 300.2. Any requirement to provide saliva samples pursuant to this chapter shall be construed as a requirement to provide buccal swab samples as of the effective date of the act that added this section. However, the Department of Justice may retain and use previously collected saliva and other biological samples as part of its database and databank program and for quality control purposes in conformity with the provisions of this chapter. (Added November 2, 2004, by initiative Proposition 69, Sec. 14.)
  128. 300.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. )

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    The Department of Corrections and the Department of the Youth Authority must begin their duties and requirements under this chapter on July 1, 1999.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 300.3. The duties and requirements of the Department of Corrections and the Department of the Youth Authority pursuant to this chapter shall commence on July 1, 1999. (Added by Stats. 1998, Ch. 696, Sec. 2. Effective January 1, 1999.)
  129. 300.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. )

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    This chapter is severable: if one provision or its application is invalid, the rest can still operate if they can be given effect without it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295 - 300.4] ( Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2. ) ## ARTICLE 7. Construction and Severability [300 - 300.4] ( Article 7 added by Stats. 1998, Ch. 696, Sec. 2. ) ## 300.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by renumbering Section 300.2 (as added by Stats. 1998, Ch. 696, Sec. 2) by Stats. 2015, Ch. 303, Sec. 387. (AB 731) Effective January 1, 2016.)
  130. 3000.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section sets parole supervision rules, time limits, and related duties for inmates and parole authorities.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000. (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision of and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family, and personal counseling necessary to assist parolees in the transition between imprisonment and discharge. A sentence resulting in imprisonment in the state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless waived, or as otherwise provided in this article. (2) The Legislature finds and declares that it is not the intent of this section to diminish resources allocated to the Department of Corrections and Rehabilitation for parole functions for which the department is responsible. It is also not the intent of this section to diminish the resources allocated to the Board of Parole Hearings to execute its duties with respect to parole functions for which the board is responsible. (3) The Legislature finds and declares that diligent effort must be made to ensure that parolees are held accountable for their criminal behavior, including, but not limited to, the satisfaction of restitution fines and orders. (4) For any person subject to a sexually violent predator proceeding pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, an order issued by a judge pursuant to Section 6601.5 of the Welfare and Institutions Code, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon release, shall toll the period of parole of that person, from the date that person is released by the Department of Corrections and Rehabilitation as follows: (A) If the person is committed to the State Department of State Hospitals as a sexually violent predator and subsequently a court orders that the person be unconditionally discharged, the parole period shall be tolled until the date the judge enters the order unconditionally discharging that person. (B) If the person is not committed to the State Department of State Hospitals as a sexually violent predator, the tolling of the parole period shall be abrogated and the parole period shall be deemed to have commenced on the date of release from the Department of Corrections and Rehabilitation. (5) Paragraph (4) applies to persons released by the Department of Corrections and Rehabilitation on or after January 1, 2012. Persons released by the Department of Corrections and Rehabilitation prior to January 1, 2012, shall continue to be subject to the law governing the tolling of parole in effect on December 31, 2011. (b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to any inmate subject to Section 3000.08: (1) In the case of an inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges the inmate from custody of the department. (2) (A) For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of 1 year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period not exceeding 3 years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years, unless a longer period of parole is specified in Section 3000.1. (B) For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of 1 year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period of 3 years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of parole is specified in Section 3000.1. (3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51, 667.61, or 667.71, the period of parole shall be 10 years, unless a longer period of parole is specified in Section 3000.1. (4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for the commission of an offense specified in Section 261, 264.1, 286, 287, paragraph (1) of subdivision (b) of Section 288, Section 288.5 or 289, or former Section 262 or 288a, in which one or more of the victims of the offense was a child under 14 years of age, the period of parole shall be 20 years and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of this determination and transmit a copy of it to the parolee. (B) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter. (C) There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction. (D) The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision. (5) (A) The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013, regarding the length of parole and the conditions thereof. (B) For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the department shall consider the request of the inmate regarding the length of parole and the conditions thereof. For those inmates described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of parole and the conditions thereof. (6) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, the period of parole is subject to the following: (A) Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the date of the initial parole. (B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the date of the initial parole. (C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in custody for a period longer than 15 years from the date of the initial parole. (7) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to the inmate’s good time release date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner’s outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4. (8) For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority. (9) (A) On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to the prisoner’s scheduled release date who should be returned to custody, and Section 5054.1 shall apply. (B) Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner. (10) It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to engage them in treatment. (Amended by Stats. 2021, Ch. 626, Sec. 59. (AB 1171) Effective January 1, 2022.)
  131. 3000.01.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section sets parole terms and review rules for certain state prison releases, with different periods for determinate-term and life-term inmates, plus exceptions for some inmates.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.01. (a) This section applies to persons released from state prison on or after July 1, 2020, and who are subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation pursuant to Section 3000.08 of the Penal Code. (b) Except as provided in subdivision (d) and notwithstanding any other law, persons described in subdivision (a) shall serve a parole term as follows: (1) Any inmate sentenced to a determinate term shall be released on parole for a period of two years. The inmate will be reviewed by the Division of Adult Parole Operations for possible discharge from parole no later than 12 months after release from confinement. If at the time of the review the inmate has been on parole continuously for 12 months since release from confinement without a violation and the inmate is not a person required to be treated as described in Section 2962, the inmate shall be discharged from parole. (2) Any inmate sentenced to a life term shall be released on parole for a period of three years. The inmate will be reviewed by the Division of Adult Parole Operations and referred to the Board of Parole Hearings for possible discharge from parole no later than 12 months after release from confinement. If the Board of Parole Hearings determines the inmate should be retained on parole, the inmate will be reviewed again and referred to the Board of Parole Hearings for possible discharge from parole no later than 24 months after release from confinement. (c) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified in this section, whichever is earlier, the inmate shall be discharged from parole. The date of the maximum statutory period of parole under this section shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the inmate has been returned to custody as a parole violator shall not be credited toward any period of parole unless the inmate is found not guilty of the parole violation. (1) Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, in no case may an inmate who is released on parole for a period of two years be retained under parole supervision or in custody for a period longer than three years from the date of their initial parole. (2) Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, in no case may an inmate who is released on parole for a period of three years be retained under parole supervision or in custody for a period longer than four years from the date of their initial parole. (d) This section shall not apply to any of the following inmates: (1) An inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (2) Inmates whose parole term at the time of the commission of the offense was less than the parole term prescribed in subdivision (b). (e) The parole review periods specified in subdivision (b) shall not apply to inmates whose review period at the time of the commission of the offense provides for an earlier review period. (Added by Stats. 2020, Ch. 29, Sec. 18. (SB 118) Effective August 6, 2020.)
  132. 3000.02.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section lets an eligible person get parole-time reductions for participating in approved substance abuse treatment, and requires the department to collect and report program data.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.02. (a) This section shall be known, and may be cited, as the California MAT Re-Entry Incentive Program. (b) A person shall be eligible for a 30-day reduction to the period of parole for every six months of treatment that is not ordered by the court, up to a maximum 90-day reduction, if the person meets all of the following requirements: (1) The person has been released from state prison and is subject to the jurisdiction of, and parole supervision by, the department pursuant to Section 3000.08. (2) The person has been enrolled in, or successfully participated in, a post-release substance abuse program. (3) The person successfully participates in a substance abuse treatment program that employs a multifaceted approach to treatment, including the use of United States Food and Drug Administration approved medically assisted therapy (MAT), and, whenever possible, is provided through a program licensed or certified by the State Department of Health Care Services, including federally qualified health centers (FQHS), community clinics, and Native American Health Centers. (c) The sentence reduction shall be contingent upon successful participation in treatment, as determined by the treatment provider. (d) This section shall not apply to inmates that are any of the following: (1) Sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5. (2) Convicted of an offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51 , 667.61, or 667.71. (3) Convicted of, and required to register as a sex offender for the commission of, an offense specified in Section 261, 262, 264.1, 286, or 287, paragraph (1) of subdivision (b) of Section 288, Section 288.5 or 289, or former Section 288a, in which one or more of the victims of the offense was a child under 14 years of age. (e) (1) Operation of this section is contingent upon the appropriation to the State Department of Health Care Services of funds received pursuant to a federal Substance Abuse and Mental Health Services Administration (SAMHSA) opioid use disorder or substance use disorder grant. To the extent consistent with the terms of the grant, the sum of one million dollars ($1,000,000) of the grant funds appropriated for these purposes shall be allocated to the Department of Corrections and Rehabilitation for use in implementing this section. (2) The department shall collect data and analyze utilization and program outcomes and shall provide that information in the report required pursuant to Section 2694.5. (Amended by Stats. 2021, Ch. 59, Sec. 1. (AB 644) Effective January 1, 2022. Conditionally operative by its own provisions.)
  133. 3000.03.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections and Rehabilitation must not return certain people to prison, place a parole hold, or report a parole violation if they meet all listed criteria.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.03. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not return to prison, place a parole hold on pursuant to Section 3056, or report any parole violation to the Board of Parole Hearings or the court, as applicable, regarding any person to whom all of the following criteria apply: (a) The person is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (b) The person was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5, and does not have a prior conviction for a serious felony, as defined in Section 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5. (c) The person was not committed to prison for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and does not have a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code. (d) The person was not found guilty of a serious disciplinary offense, as defined in regulation by the department, during his or her current term of imprisonment. (e) The person is not a validated prison gang member or associate, as defined in regulation by the department. (f) The person did not refuse to sign any forms, or provide any samples, as required by Section 3060.5. (g) The person was evaluated by the department using a validated risk assessment tool and was not determined to pose a high risk to reoffend. (Amended by Stats. 2012, Ch. 43, Sec. 34. (SB 1023) Effective June 27, 2012.)
  134. 3000.05.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections and Rehabilitation may hire a private debt collection agency or the Franchise Tax Board to collect restitution-related amounts for a victim, and notice must be given if a debt is referred.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.05. (a) The Department of Corrections and Rehabilitation may contract with a private debt collection agency or with the Franchise Tax Board, whichever is more cost-effective, to make collections, on behalf of a victim, from any person who is or has been under the jurisdiction of the department and who has failed to make restitution payments according to the terms and conditions specified by the department. (b) If a debt is referred to a private debt collection agency or to the Franchise Tax Board pursuant to this section, the debtor shall be given notice of that fact, either by the department or the private debt collection agency in writing to his or her address of record, or by his or her parole officer. (Amended by Stats. 2018, Ch. 423, Sec. 105. (SB 1494) Effective January 1, 2019.)
  135. 3000.07.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    Certain parolees convicted of registerable sex offenses must be monitored by GPS, and they must pay the monitoring costs unless the Department of Corrections and Rehabilitation waives payment for inability to pay.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.07. (a) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290 or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for the term of his or her parole, or for the duration or any remaining part thereof, whichever period of time is less. (b) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring. No inmate shall be denied parole on the basis of his or her inability to pay for those monitoring costs. (Amended by Stats. 2007, Ch. 579, Sec. 45. Effective October 13, 2007. Note: This section was added on Nov. 7, 2006, by initiative Prop. 83.)
  136. 3000.08.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section puts certain released prisoners on parole supervision, gives agencies and courts powers to respond to parole violations, and allows short county-jail “flash incarceration” for some violations.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.08. (a) A person released from state prison prior to or on or after July 1, 2013, after serving a prison term, or whose sentence has been deemed served pursuant to Section 2900.5, for any of the following crimes is subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody: (1) A serious felony as described in subdivision (c) of Section 1192.7. (2) A violent felony as described in subdivision (c) of Section 667.5. (3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12. (4) Any crime for which the person is classified as a high-risk sex offender. (5) Any crime for which the person is required, as a condition of parole, to undergo treatment by the State Department of State Hospitals pursuant to Section 2962. (b) Notwithstanding any other law, all other offenders released from prison shall be placed on postrelease supervision pursuant to Title 2.05 (commencing with Section 3450). (c) At any time during the period of parole of a person subject to this section, if any parole agent or peace officer has probable cause to believe that the parolee is violating any term or condition of his or her parole, the agent or officer may, without warrant or other process and at any time until the final disposition of the case, arrest the person and bring him or her before the court, or the court may, in its discretion, issue a warrant for that person’s arrest pursuant to Section 1203.2. Notwithstanding Section 3056, and unless the parolee is otherwise serving a period of flash incarceration, whenever a supervised person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation as described in subdivision (f), the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. (d) Upon review of the alleged violation and a finding of good cause that the parolee has committed a violation of law or violated his or her conditions of parole, the supervising parole agency may impose additional and appropriate conditions of supervision, including rehabilitation and treatment services and appropriate incentives for compliance, and impose immediate, structured, and intermediate sanctions for parole violations, including flash incarceration in a city or a county jail. Periods of “flash incarceration,” as defined in subdivision (e) are encouraged as one method of punishment for violations of a parolee’s conditions of parole. This section does not preclude referrals to a reentry court pursuant to Section 3015. (e) “Flash incarceration” is a period of detention in a city or a county jail due to a violation of a parolee’s conditions of parole. The length of the detention period can range between one and 10 consecutive days. Shorter, but if necessary more frequent, periods of detention for violations of a parolee’s conditions of parole shall appropriately punish a parolee while preventing the disruption in a work or home establishment that typically arises from longer periods of detention. (f) If the supervising parole agency has determined, following application of its assessment processes, that intermediate sanctions up to and including flash incarceration are not appropriate, the supervising parole agency shall, pursuant to Section 1203.2, petition either the court in the county in which the parolee is being supervised or the court in the county in which the alleged violation of supervision occurred, to revoke parole. At any point during the process initiated pursuant to this section, a parolee may waive, in writing, his or her right to counsel, admit the parole violation, waive a court hearing, and accept the proposed parole modification or revocation. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of parole, the circumstances of the alleged underlying violation, the history and background of the parolee, and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of parole, the court shall have authority to do any of the following: (1) Return the person to parole supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail. (2) Revoke parole and order the person to confinement in a county jail. (3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion. (g) Confinement pursuant to paragraphs (1) and (2) of subdivision (f) shall not exceed a period of 180 days in a county jail. (h) Notwithstanding any other law, if Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000 applies to a person who is on parole and the court determines that the person has committed a violation of law or violated his or her conditions of parole, the person on parole shall be remanded to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration. (i) Notwithstanding subdivision (a), any of the following persons released from state prison shall be subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation for a period of parole up to three years or the parole term the person was subject to at the time of the commission of the offense, whichever is greater: (1) The person is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, and was subject to a period of parole exceeding three years at the time he or she committed a felony for which they were convicted and subsequently sentenced to state prison. (2) The person was subject to parole for life pursuant to Section 3000.1 at the time of the commission of the offense that resulted in a conviction and state prison sentence. (j) Parolees subject to this section who have a pending adjudication for a parole violation on July 1, 2013, are subject to the jurisdiction of the Board of Parole Hearings. Parole revocation proceedings conducted by the Board of Parole Hearings prior to July 1, 2013, if reopened on or after July 1, 2013, are subject to the jurisdiction of the Board of Parole Hearings. (k) Except as described in subdivision (c), any person who is convicted of a felony that requires community supervision and who still has a period of state parole to serve shall discharge from state parole at the time of release to community supervision. (l) Any person released to parole supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released pursuant to subdivision (b), remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a). (Amended by Stats. 2016, Ch. 86, Sec. 236. (SB 1171) Effective January 1, 2017.)
  137. 3000.09.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    Parolees paroled before October 1, 2011 remain subject to this section and stay under Department of Corrections and Rehabilitation supervision until a listed termination event occurs.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.09. (a) Notwithstanding any other law, any parolee who was paroled from state prison prior to October 1, 2011, shall be subject to this section. (b) Parolees subject to this section shall remain under supervision by the Department of Corrections and Rehabilitation until one of the following occurs: (1) Jurisdiction over the person is terminated by operation of law. (2) The supervising agent recommends to the Board of Parole Hearings that the offender be discharged and the parole authority approves the discharge. (3) The offender is subject to a period of parole of up to three years pursuant to paragraph (1) of subdivision (b) of Section 3000 and was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, a serious felony, as defined by subdivision (c) of Section 1192.7, or is required to register as a sex offender pursuant to Section 290, and completes six consecutive months of parole without violating their conditions, at which time the supervising agent shall review and make a recommendation on whether to discharge the offender to the Board of Parole Hearings and the Board of Parole Hearings approves the discharge. (c) Parolees subject to this section who are being held for a parole violation in state prison on October 1, 2011, upon completion of a revocation term on or after November 1, 2011, shall either remain under parole supervision of the department pursuant to Section 3000.08 or shall be placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). Any person placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) after serving a term for a parole revocation pursuant to this subdivision shall serve a period of postrelease supervision that is no longer than the time period for which the person would have served if the person remained on parole. Notwithstanding Section 3000.08, any parolee who is in a county jail serving a term of parole revocation or being held pursuant to Section 3056 on October 1, 2011, and is released directly from county jail without returning to a state facility on or after October 1, 2011, shall remain under the parole supervision of the department. Any parolee that is pending final adjudication of a parole revocation charge prior to October 1, whether located in county jail or state prison, may be returned to state prison and shall be confined pursuant to subdivisions (a) to (d), inclusive, of Section 3057. Any subsequent parole revocations of a parolee on postrelease community supervision shall be served in county jail pursuant to Section 3056. (d) Any parolee who was paroled prior to October 1, 2011, who commits a violation of parole shall, until July 1, 2013, be subject to parole revocation procedures in accordance with the rules and regulations of the department consistent with Division 2 of Title 15 of the California Code of Regulations. On and after July 1, 2013, any parolee who was paroled prior to October 1, 2011, shall be subject to the procedures established under Section 3000.08. (Amended by Stats. 2012, Ch. 43, Sec. 36. (SB 1023) Effective June 27, 2012.)
  138. 3000.1.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section sets parole rules for certain life-term inmates, requires parole discharge after specified continuous parole periods unless the board finds good cause to keep the person on parole, and requires post-revocation hearings and annual review.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3000.1. (a) (1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate’s life. (2) Notwithstanding any other law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if that offense was committed with the intent to commit a specified sexual offense, Section 269 or 288.7, subdivision (c) of Section 667.51, Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of Section 667.61, the period of parole, if parole is granted, shall be the remainder of the inmate’s life. (b) Notwithstanding any other law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder, and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30 days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and transmit a copy of it to the parolee. (c) In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year thereafter. (d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction. (e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section. (Amended by Stats. 2014, Ch. 280, Sec. 2. (AB 1438) Effective January 1, 2015.)
  139. 30000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must create and maintain the Prohibited Armed Persons File online database, and access to the file is tightly limited.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30000. (a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (b) Except as provided in subdivision (c), the information contained in the Prohibited Armed Persons File shall only be available to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. (c) The information contained in the Prohibited Armed Persons File shall be available to researchers affiliated with the California Firearm Violence Research Center at UC Davis following approval by the institution’s governing institutional review board, when required. At the department’s discretion, and subject to Section 14240, the data may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the study of the prevention of violence, following approval by the institution’s governing institutional review board or human subjects committee, when required, for academic and policy research purposes. Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of that data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (Amended by Stats. 2021, Ch. 253, Sec. 10. (AB 173) Effective September 23, 2021.)
  140. 30005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must check firearm-related records after certain criminal or firearms-prohibition entries are recorded, and it must enter specified information into the Prohibited Armed Persons File if a matching firearm record is found.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30005. The Prohibited Armed Persons File database shall function as follows: (a) Upon entry into the Automated Criminal History System of a disposition for a conviction of any felony, a conviction for any firearms-prohibiting charge specified in Chapter 2 (commencing with Section 29800), a conviction for an offense described in Chapter 3 (commencing with Section 29900), a firearms prohibition pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, or any firearms possession prohibition identified by the federal National Instant Criminal Background Check System, the Department of Justice shall determine if the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration. (b) Upon an entry into any department automated information system that is used for the identification of persons who are prohibited by state or federal law from acquiring, owning, or possessing firearms, the department shall determine if the subject has an entry in the Consolidated Firearms Information System indicating ownership or possession of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration. (c) If the department determines that, pursuant to subdivision (a) or (b), the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration, the following information shall be entered into the Prohibited Armed Persons File: (1) The subject’s name. (2) The subject’s date of birth. (3) The subject’s physical description. (4) Any other identifying information regarding the subject that is deemed necessary by the Attorney General. (5) The basis of the firearms possession prohibition. (6) A description of all firearms owned or possessed by the subject, as reflected by the Consolidated Firearms Information System. (Amended by Stats. 2014, Ch. 182, Sec. 2. (AB 2300) Effective January 1, 2015.)
  141. 3001.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    Certain parolees must be discharged after specified periods unless the Board of Parole Hearings retains them for good cause.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3001. (a) (1) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, not imprisoned for a serious felony, as defined by subdivision (c) of Section 1192.7, or is not required to register as a sex offender pursuant to Section 290, has been released on parole from the state prison, and has been on parole continuously for six months since release from confinement, within 30 days, that person shall be discharged from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained. (2) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who is required to register as a sex offender pursuant to the Sex Offender Registration Act or who was imprisoned for committing a serious felony described in either subdivision (c) of Section 1192.7 or subdivision (a) of Section 1192.8, has been released on parole from the state prison, and has been on parole continuously for one year since release from confinement, within 30 days, that person shall be discharged from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained. (3) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on parole from the state prison for a period not exceeding three years and has been on parole continuously for two years since release from confinement, or has been released on parole from the state prison for a period not exceeding five years and has been on parole continuously for three years since release from confinement, the department shall discharge, within 30 days, that person from parole, unless the department recommends to the board that the person be retained on parole and the board, for good cause, determines that the person will be retained. The board shall make a written record of its determination and the department shall transmit a copy thereof to the parolee. (4) This subdivision shall apply only to those persons whose commitment offense occurred prior to the effective date of the act adding this paragraph. (b) Notwithstanding any other provision of law, when any person referred to in paragraph (1) of subdivision (b) of Section 3000, with the exception of persons described in paragraph (2) of subdivision (a) of Section 3000.1, has been released on parole from the state prison, and has been on parole continuously for three years since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy of that determination to the parolee. (c) Notwithstanding any other provision of law, when any person referred to in paragraph (3) of subdivision (b) of Section 3000 has been released on parole from the state prison, and has been on parole continuously for six years and six months since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy thereof to the parolee. (d) In the event of a retention on parole, the parolee shall be entitled to a review by the Board of Parole Hearings each year thereafter until the maximum statutory period of parole has expired. (e) The amendments to this section made during the 1987–88 Regular Session of the Legislature shall only be applied prospectively and shall not extend the parole period for any person whose eligibility for discharge from parole was fixed as of the effective date of those amendments. (f) The Department of Corrections and Rehabilitation shall, within 60 days from the date that the act adding this subdivision is effective, submit to the Board of Parole Hearings recommendations pursuant to paragraph (2) of subdivision (a) for any person described in that paragraph who has been released from state prison from October 1, 2010, to the effective date of this subdivision, and who has been on parole continuously for one year since his or her release from confinement. A person who meets the criteria in this subdivision who are not retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this subdivision shall be discharged from parole. (g) The amendments made to subdivision (a) during the 2011–12 Regular Session and the First Extraordinary Session of the Legislature shall apply prospectively from October 1, 2011, and no person on parole prior to October 1, 2011, shall be discharged from parole pursuant to subdivision (a) unless one of the following circumstances exist: (1) The person has been on parole continuously for six consecutive months after October 1, 2011, and the person is not retained by the Board of Parole Hearings for good cause. (2) The person has, on or after October 1, 2011, been on parole for one year and the Board of Parole Hearings does not retain the person for good cause. (Amended by Stats. 2012, Ch. 43, Sec. 38. (SB 1023) Effective June 27, 2012. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  142. 30010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must help local law enforcement investigate armed persons who are prohibited from possessing firearms, and must share specified Prohibited Armed Persons File information with them.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30010. (a) The Attorney General shall provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm. (b) The Attorney General shall provide local law enforcement agencies all of the following information relating to prohibited persons listed in the Prohibited Armed Persons File in their jurisdiction: (1) Personal identifying information. (2) Case status. (3) Prohibition type or reason. (4) Prohibition expiration date. (5) Known firearms associated to the prohibited person. (6) Information regarding previous contacts with the prohibited person, if applicable. (Amended by Stats. 2023, Ch. 161, Sec. 1. (AB 303) Effective January 1, 2024.)
  143. 30012.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must file an annual report on APPS information by March 15 each year.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30012. (a) No later than March 15, 2024, and no later than March 15 of each year thereafter, the Department of Justice shall report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature all of the following information for the immediately preceding calendar year: (1) The total number of individuals in the Armed Prohibited Persons System (APPS) and the number of cases which are active and pending, as follows: (A) (i) For active cases, the department shall report the status of each case for which the department has initiated an investigation. This information shall include, at a minimum, the number of cases that have not been actively investigated for 12 months or longer, along with a breakdown of the time period that has elapsed since a case was added to the system. (ii) For purposes of this paragraph, “investigation” means any work conducted by sworn or nonsworn staff to determine whether a prohibited person possesses one or more firearms, whether to remove the person from the database, or whether to shift the person to the pending caseload. (B) For pending cases, the department shall separately report the number of cases that are unable to be cleared, unable to be located, related to out-of-state individuals, related to only federal firearms prohibitions, and related to incarcerated individuals. (2) The number of individuals added to the APPS database. (3) The number of individuals removed from the APPS database, including a breakdown of the basis on which they were removed. At a minimum, this information shall separately report those cases that were removed because the individual is deceased, had prohibitions expire or removed, or had their cases resolved as a result of department firearm seizure activities. (4) The degree to which the backlog in the APPS has been reduced or eliminated. For purposes of this section, “backlog” means the number of cases for which the department did not initiate an investigation within six months of the case being added to the APPS or has not completed investigatory work within six months of initiating an investigation on the case. (5) The number of individuals in the APPS before and after the relevant reporting period, including a breakdown of why each individual in the APPS is prohibited from possessing a firearm. (6) The number of agents and other staff hired for enforcement of the APPS. (7) The number of firearms recovered due to enforcement of the APPS. (8) The number of contacts made during the APPS enforcement efforts. (9) Information regarding task forces or collaboration with local law enforcement on reducing the APPS file or backlog. (b) For purposes of this section, “Armed Prohibited Persons System” means the “Prohibited Armed Persons File,” as described in Section 30000. (Amended by Stats. 2023, Ch. 47, Sec. 24. (AB 134) Effective July 10, 2023.)
  144. 30015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The section appropriates $24 million to the Department of Justice and requires annual APPS reporting to the Joint Legislative Budget Committee until the reporting requirement becomes inoperative on March 1, 2019.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30015. (a) The sum of twenty-four million dollars ($24,000,000) is hereby appropriated from the Dealers’ Record of Sale Special Account of the General Fund to the Department of Justice to address the backlog in the Armed Prohibited Persons System (APPS) and the illegal possession of firearms by those prohibited persons. (b) No later than March 1, 2015, and no later than March 1 each year thereafter, the department shall report to the Joint Legislative Budget Committee all of the following for the immediately preceding calendar year: (1) The degree to which the backlog in the APPS has been reduced or eliminated. (2) The number of agents hired for enforcement of the APPS. (3) The number of people cleared from the APPS. (4) The number of people added to the APPS. (5) The number of people in the APPS before and after the relevant reporting period, including a breakdown of why each person in the APPS is prohibited from possessing a firearm. (6) The number of firearms recovered due to enforcement of the APPS. (7) The number of contacts made during the APPS enforcement efforts. (8) Information regarding task forces or collaboration with local law enforcement on reducing the APPS backlog. (c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on March 1, 2019, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2013, Ch. 2, Sec. 2. (SB 140) Effective May 1, 2013.)
  145. 3002.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    When parole conditions are being considered for certain prisoners, the Department of Corrections must arrange a psychological evaluation.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3002. In considering the imposition of conditions of parole upon a prisoner convicted of violating any section of this code in which a minor is a victim of an act of abuse or neglect, the Department of Corrections shall provide for a psychological evaluation to be performed on the prisoner to determine the extent of counseling which may be mandated as a condition of parole. Such examination may be performed by psychiatrists, psychologists, or licensed clinical social workers. (Added by renumbering Section 3001 by Stats. 1978, Ch. 582.)
  146. 30020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must review a match in the Armed Prohibited Persons System within 7 days and periodically reassess whether those reviews can be done more efficiently.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Prohibited Armed Persons File [30000 - 30020] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30020. (a) The Department of Justice shall complete an initial review of a match in the daily queue of the Armed Prohibited Persons System within seven days of the match being placed in the queue and shall periodically reassess whether the department can complete those reviews more efficiently. (b) (1) For the purpose of this section, “Armed Prohibited Persons System” means the “Prohibited Armed Persons File,” as described in Section 30000. (2) For the purpose of this section, “match” means the entry into the Automated Criminal History System or into any department automated information system of the name and other information of an individual who may be prohibited from acquiring, owning, or possessing a firearm, and a corresponding record of ownership or possession of a firearm by that individual, as described in Section 30005. (Added by Stats. 2016, Ch. 638, Sec. 1. (AB 1999) Effective January 1, 2017.)
  147. 3003.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section governs where parole and postrelease community supervision inmates are placed or returned, and requires several written notices, data-sharing steps, and public-safety-based exceptions.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3003. (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to the inmate’s incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall, through all efforts reasonably possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which the inmate has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to the inmate’s victim. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. (b) Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. When setting conditions of parole, if the Board of Parole Hearings, upon granting parole to a person, or the Department of Corrections and Rehabilitation decides on a return to another county or city, it shall place its reasons in writing in the parolee’s permanent record and the reasons shall be included in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: (1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. (2) Public concern that would reduce the chance that the inmate’s parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program chosen by the inmate in another county. (4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed. (5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960 in the county of last legal residence. (6) The existence of a housing option in another county, including with a relative or acceptance into a transitional housing program of choice. (c) (1) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment pursuant to this section, shall give priority to the safety of the community and any witnesses and victims. (2) Absent evidence that parole transfer would present a threat to public safety, the inmate shall be released to the county in the location of a verified existence of a postsecondary educational or vocational training program of the inmate’s choice, or of a verified existence of a work offer, the inmate’s family, outpatient treatment, or housing. The burden of verifying the existence of an educational or vocational training program or a work offer shall be on the person on parole. The Department of Corrections and Rehabilitation shall complete the parole transfer process prior to release and ensure the person is released from prison directly to the county where the postsecondary educational or vocational training program chosen by the inmate, or the work offer, the inmate’s family, outpatient treatment, or housing is located. This paragraph shall not apply to placement and participation in a transitional housing program during the first year after release pursuant to a condition of parole imposed by the Board of Parole Hearings upon granting parole at a hearing conducted under Article 3 (commencing with Section 3040). (3) Absent evidence that travel outside of the county of commitment would present a threat to public safety, a person on parole shall be granted a permit to travel outside the county of commitment to a location where the person has postsecondary educational or vocational training program opportunities, including classes, conferences, or extracurricular educational activities, an employment opportunity, or inpatient or outpatient treatment. A parole agent shall provide a written response of their decision within 14 days after receiving the request for a travel permit. If the parole agent denies the request for an out-of-county travel permit, they shall include in writing the reasons the travel would present a threat to public safety. (4) Absent evidence that transfer to a county outside the county of commitment would present a threat to public safety, a person on parole shall be granted approval of an application to transfer residency and parole to another county where the person has a verified existence of a postsecondary educational or vocational training program chosen by the inmate, or a verified existence of a work offer, the person’s family, inpatient or outpatient treatment, or housing. The burden of verifying the existence of an educational or vocational training program or a work offer shall be on the person on parole. A parole agent shall provide a written response of their decision within 14 days after receiving the request for the transfer application. If the parole agent denies the application for a transfer of parole to another county, they shall include in writing the reasons the transfer would present a threat to public safety. This paragraph shall not apply to placement and participation in a transitional housing program during the first year after release pursuant to a condition of parole imposed by the Board of Parole Hearings upon granting parole at a hearing conducted under Article 3 (commencing with Section 3040). (5) The department and probation officers may extend paragraphs (2) through (4), inclusive, to individuals released on postrelease community supervision. The Legislature finds and declares that the department and probation officers are strongly encouraged to apply this paragraph to individuals released on postrelease community supervision. (d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall release the inmate to the county where the joint venture program employer is located if that employer states to the paroling authority that the employer intends to employ the inmate upon release. (e) (1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions: (A) Last, first, and middle names. (B) Birth date. (C) Sex, race, height, weight, and hair and eye color. (D) Date of parole or placement on postrelease community supervision and discharge. (E) Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense. (F) California Criminal Information Number, FBI number, social security number, and driver’s license number. (G) County of commitment. (H) A description of scars, marks, and tattoos on the inmate. (I) Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance. (J) Address, including all of the following information: (i) Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph. (ii) City and ZIP Code. (iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. (K) Contact officer and unit, including all of the following information: (i) Name and telephone number of each contact officer. (ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. (L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. (M) A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program. (2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or the secretary’s designee, determines that this provision is not preempted by HIPAA. (3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. (4) All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. (5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. (f) Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes: (1) A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5. (2) A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9. (3) A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 287 or of former Section 288a, or subdivision (b), (d), or (e) of Section 289. (g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of the inmate’s parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive. (h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s or witness’ actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in the inmate’s county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. (i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions. (j) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). (k) (1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision. (2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. (l) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. (m) This section shall become operative on January 1, 2024. (Amended (as added by Stats. 2022, Ch. 826, Sec. 2) by Stats. 2023, Ch. 311, Sec. 10. (SB 883) Effective January 1, 2024.)
  148. 3003.5.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    People on parole for certain registrable offenses may not live with another registrant in the same single-family dwelling unless they are related by blood, marriage, or adoption. Registered persons also may not live within 2,000 feet of a school or park where children regularly gather.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3003.5. (a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any single family dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, “single family dwelling” shall not include a residential facility which serves six or fewer persons. (b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather. (c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290. (Amended November 7, 2006, by initiative Proposition 83, Sec. 21.)
  149. 3003.6.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    People required to register under Section 290 because of an offense against a minor may not live, work, or volunteer in certain child-related facilities, except that they may reside there as a client.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3003.6. (a) Every person who is required to register pursuant to Section 290, based upon the commission of an offense against a minor, is prohibited from residing, except as a client, and from working or volunteering in any of the following: (1) A child day care facility or children’s residential facility that is licensed by the State Department of Social Services, a home certified by a foster family agency, or a home approved by a county child welfare services agency. (2) A home or facility that receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code or who has been, or may be, declared a ward of the juvenile court pursuant to Section 601 or 602 of the Welfare and Institutions Code. (b) Any person who violates this section is guilty of a misdemeanor. (c) Nothing in this section shall limit the authority of the State Department of Social Services to deny a criminal record exemption request and to take an action to exclude an individual from residing, working, or volunteering in a licensed facility pursuant to Sections 1522, 1569.09, 1569.17, or 1596.871 of the Health and Safety Code. (Added by Stats. 2013, Ch. 772, Sec. 1. (AB 1108) Effective January 1, 2014.)
  150. 3004.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    Parole authorities may require written agreement to electronic monitoring; certain sex-offense parolees must be GPS-monitored for life; and parolees generally must pay GPS monitoring costs unless the department waives payment for inability to pay.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3004. (a) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify his or her compliance with all other conditions of parole. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the agent supervising the parolee which is to be used solely for the purposes of voice identification. (b) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290 or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for life. (c) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring. (Amended by Stats. 2012, Ch. 43, Sec. 39. (SB 1023) Effective June 27, 2012. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  151. 3006.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections may require certain parolees to pay some or all treatment costs, but only if the person can pay.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3006. (a) The Department of Corrections may require parolees participating in relapse prevention treatment programs or receiving medication treatments intended to prevent them from committing sex offenses to pay some or all of the costs associated with this treatment, subject to the person’s ability to pay. (b) For the purposes of this section, “ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing sex offender treatment, and shall include, but shall not be limited to, consideration of all of the following factors: (1) Present financial position. (2) Reasonably discernible future financial position. (3) Likelihood that the person shall be able to obtain employment after the date of parole. (4) Any other factor or factors which may bear upon the person’s financial capability to reimburse the department for the costs. (Added by Stats. 2000, Ch. 127, Sec. 28. Effective July 10, 2000.)
  152. 3007.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    The Department of Corrections and Rehabilitation must require a research component in funded sex offender treatment contracts.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3007. The Department of Corrections and Rehabilitation shall require a research component for any sex offender treatment contract funded by the department. The research component shall enable the department’s research unit or an independent contractor to evaluate the effectiveness of each contract on reducing the rate of recidivism of the participants in the program funded by a contract. The research findings shall be compiled annually in a report due to the Legislature January 10 of each year. (Added by Stats. 2007, Ch. 175, Sec. 8. Effective August 24, 2007.)
  153. 3007.05.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    State corrections and motor vehicle agencies must help eligible inmates leave prison with valid identification, and corrections officials must provide added support and payments to exonerated people.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3007.05. (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that an eligible inmate, as defined under subdivision (b), released from a state prison has a valid identification card, issued pursuant to Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code. (2) To the extent administratively feasible and within available resources, the Department of Corrections and Rehabilitation shall facilitate the process between the inmate and the agencies holding documentation required for an inmate identified under subdivision (b) to obtain a California identification card, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence. (b) For purposes of this section, “eligible inmate” means an inmate who is applying for an original or replacement identification card and meets all of the requirements described under subdivision (c) or (d). (c) (1) The inmate has previously held a California driver’s license or identification card. (2) (A) The inmate has a usable photo on file with the Department of Motor Vehicles. (B) If the photo is deemed unusable, the inmate shall have a new photo taken. (3) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information: (A) The inmate’s true full name. (B) The inmate’s date of birth. (C) The inmate’s social security number. (D) The inmate’s legal presence in the United States or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9 of the Vehicle Code, if the inmate is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the inmate has provided proof of their identity pursuant to Section 12801.9 of the Vehicle Code. (E) California residency. (d) (1) The inmate has not previously held a California driver’s license or identification card. (2) The inmate has signed and verified their application for an identification card under the penalty of perjury. (3) The inmate has a usable photo taken. (4) The inmate has provided a legible print of their thumb or finger. (5) The inmate has provided acceptable proof of the information described under subparagraphs (A) to (E), inclusive, of paragraph (3) of subdivision (c), and that information is subject to verification by the Department of Motor Vehicles. (e) The fee for an original or replacement identification card issued to an eligible inmate pursuant to this section shall be consistent with the fee set forth under subdivision (h) of Section 14902 of the Vehicle Code. (f) (1) The Department of Corrections and Rehabilitation and Department of Motor Vehicles may provide a renewed driver’s license in lieu of an identification card if the inmate meets the eligibility criteria specified in Section 12814.5 of the Vehicle Code and is otherwise eligible for the issuance of a driver’s license. An inmate receiving a driver’s license shall be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a California identification card. (2) This subdivision shall apply to an inmate whose driving privilege was valid within the prior 10 years. (3) Nothing in this section shall be interpreted as removing the examination discretion of the Department of Motor Vehicles under Section 12814 of the Vehicle Code. (g) If a valid California identification card is not obtained before release, the Department of Corrections and Rehabilitation shall provide the inmate with a photo prison identification card. It is the intent of the Legislature that as many inmates as possible be provided with a valid California identification card or driver’s license. (h) The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with all of the following: (1) Transitional services, including housing assistance, job training, and mental health services, as applicable. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year under existing law. (2) Enrollment in the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) (A) Enrollment in the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (B) Exonerated persons who are ineligible for CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program limitation specified in Section 2015(o) of Title 7 of the United States Code shall be given priority for receipt of the 15-percent exemption specified in Section 2015(o)(6) of Title 7 of the United States Code. The State Department of Social Services shall issue guidance to counties regarding that requirement. (4) Referral to the Employment Development Department and applicable regional planning units for workforce services. (5) Enrollment in the federal Supplemental Security Income benefits program pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. (i) (1) In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of one thousand dollars ($1,000) upon release, from funds to be made available upon appropriation by the Legislature for this purpose. (2) In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of five thousand dollars ($5,000) upon release, to be used for housing, including, but not limited to, hotel costs, mortgage expenses, a downpayment, security deposit, or any payment necessary to secure and maintain rental housing or other housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not more than four years following release from custody. The Department of Corrections and Rehabilitation shall disburse payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this purpose. (3) As used in paragraph (2), the term “reasonable housing costs” means all of the following: (A) For hotel costs, the cost of lodging, not to exceed 25 percent above the federal General Services Administration’s per diem lodging reimbursement rate. (B) For payments necessary to secure and maintain rental housing, both of the following: (i) The actual cost of any security deposits necessary to secure a rental housing unit. (ii) The cost of rent, not to exceed 25 percent above the fair market value as defined by the United States Department of Housing and Urban Development. (C) For mortgage expenses, the cost of mortgage payments, not to exceed 25 percent above the Federal Housing Administration’s area loan limits. (j) For the purposes of this section, “exonerated” means the person has been convicted and subsequently one of the following occurred: (1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence. (2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473, either resulting in dismissal of the criminal charges for which the person was incarcerated or following a determination that the person is entitled to release on the person’s own recognizance, or to bail, pending retrial or pending appeal. (3) The person was given an absolute pardon by the Governor on the basis that the person was innocent. (Amended by Stats. 2022, Ch. 482, Sec. 4. (AB 1766) Effective January 1, 2023.)
  154. 3007.08.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    This section requires correction and motor vehicle agencies to help eligible juvenile offenders get a valid ID card, and requires the offender to provide eligibility verification when applying.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3007.08. (a) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall ensure that an eligible juvenile offender released from a state juvenile facility has a valid identification card, issued pursuant to Article 3 (commencing with Section 12800) and Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code. (b) The fee for an identification card issued pursuant to this section is eight dollars ($8). An eligible juvenile offender shall provide the Department of Motor Vehicles, upon application, with a verification of his or her eligibility that meets all of the following requirements: (1) Is on state juvenile correctional facility letterhead. (2) Is typed or computer generated. (3) Contains the juvenile offender’s name. (4) Contains the juvenile offender’s date of birth. (5) Contains the original signature of an official from the state juvenile correctional facility. (6) Is dated within 90 days of the application. (c) The verification required by subdivision (b) may be used to attest to an applicant’s residency in a facility operated by the department and shall be acceptable proof of California residency. (d) (1) For purposes of this section, “eligible juvenile offender” means a juvenile offender who previously held a California driver’s license or identification card, issued pursuant to Section 12801.5 of Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code, or a juvenile offender who provides acceptable proof of his or her: (A) True full name. (B) Date of birth. (C) Social security number. (D) Legal presence in the United States. (E) California residency. (2) A certified copy of a birth certificate issued by the Office of Vital Records of the State Department of Public Health is acceptable proof to satisfy the requirements of subparagraphs (A), (B), and (D) of paragraph (1). (e) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall enter into an interagency agreement to implement this section. (Added by Stats. 2018, Ch. 36, Sec. 20. (AB 1812) Effective June 27, 2018.)
  155. 3007.09.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. )

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    The department must give each inmate release materials and an enrollment form when the inmate is released.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. General Provisions [3000 - 3007.09] ( Article 1 repealed and added by Stats. 1976, Ch. 1139. ) ## 3007.09. The department shall, upon release, provide each inmate informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services. (Added by Stats. 2023, Ch. 167, Sec. 1. (AB 857) Effective January 1, 2024.)
  156. 3008.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Intensive Parole Supervision of Sex Offenders [3008- 3008.] ( Article 1.5 added by Stats. 2000, Ch. 142, Sec. 5. )

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    This section requires intensive supervision and frequent reporting for certain high-risk sex-offense parolees, and it sets related treatment, program, and privilege-waiver conditions for parole.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1.5. Intensive Parole Supervision of Sex Offenders [3008- 3008.] ( Article 1.5 added by Stats. 2000, Ch. 142, Sec. 5. ) ## 3008. (a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized parole supervision and are required to report frequently to designated parole officers. The department may place any other parolee convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is on active supervision on intensive and specialized supervision and require him or her to report frequently to designated parole officers. (b) The department shall develop and, at the discretion of the secretary, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of sex offenders. (c) The department shall develop control and containment programming for sex offenders who have been deemed to pose a high risk to the public of committing a sex crime, as determined by the SARATSO, and shall require participation in appropriate programming as a condition of parole. (d) On or after July 1, 2012, the parole conditions of a person released on parole for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, shall include all of the following: (1) Persons placed on parole prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of parole if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. (2) Persons placed on parole on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of parole. The length of the period in the program shall be not less than one year, up to the entire period of parole, as determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. (3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising parole officer, pursuant to Section 290.09. (e) Any defendant ordered to be placed in an approved sex offender management treatment program pursuant to subdivision (d) shall be responsible for paying the expense of his or her participation in the program. The department shall take into consideration the ability of the defendant to pay, and no defendant shall be denied discharge onto parole because of his or her inability to pay. (Amended by Stats. 2014, Ch. 611, Sec. 2. (AB 2411) Effective September 26, 2014.)
  157. 3010.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    The Department of Corrections and Rehabilitation may use continuous electronic monitoring to track the whereabouts of people on parole.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010. (a) Notwithstanding any other provisions of law, the Department of Corrections and Rehabilitation may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on parole, as provided by this article. (b) Any use of continuous electronic monitoring pursuant to this article shall have as its primary objective the enhancement of public safety through the reduction in the number of people being victimized by crimes committed by persons on parole. (c) It is the intent of the Legislature in enacting this article to specifically expand the authority of the department acting pursuant to this article to utilize a system of continuous electronic monitoring that conforms with the requirements of this article. (d) (1) For purposes of this article, “continuous electronic monitoring” may include the use of worldwide radio navigation system technology, known as the Global Positioning System, or GPS. The Legislature finds that because of its capability for continuous surveillance, continuous electronic monitoring has been used in other parts of the country to monitor persons on parole who are identified as requiring a high level of supervision. (2) For purposes of this article, “department” means the Department of Corrections and Rehabilitation. (e) The Legislature finds that continuous electronic monitoring has proven to be an effective risk management tool for supervising high-risk persons on parole who are likely to reoffend where prevention and knowledge of their whereabouts is a high priority for maintaining public safety. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  158. 3010.1.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    The department may use a continuous electronic monitoring device if it meets the listed features.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.1. The department may utilize a continuous electronic monitoring device, as distinguished from an electronic monitoring device as described in Section 3004, pursuant to this section that has all of the following attributes: (a) A device designed to be worn by a human being. (b) A device that emits a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and being received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs, design, and other considerations as are determined relevant by the department. (c) A device that functions 24 hours a day. (d) A device that is resistant or impervious to unintentional or willful damage. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  159. 3010.10.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    Certain registered sex offenders on parole must report to their parole officer within one working day of release, and they must not tamper with parole monitoring devices unless an exception applies.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.10. (a) A person who is required to register as a sex offender pursuant to Section 290 as a condition of parole shall report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer to have an electronic, global positioning system (GPS), or other monitoring device affixed to his or her person. (b) A person who is required to register as a sex offender pursuant to Section 290 shall not remove, disable, render inoperable, or knowingly circumvent the operation of, or permit another to remove, disable, render inoperable, or knowingly circumvent the operation of, an electronic, GPS, or other monitoring device affixed to his or her person as a condition of parole, when he or she knows that the device was affixed as a condition of parole. (c) (1) This section does not apply if the removal, disabling, rendering inoperable, or circumvention of the electronic, GPS, or other monitoring device is performed by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the electronic, GPS, or other monitoring device. (2) This section does not apply if the removal, disabling, rendering inoperable, or knowingly circumventing the operation of the electronic, GPS, or other monitoring device is authorized or required by a court, or by the law enforcement, probation, parole authority, or other entity responsible for placing the electronic, GPS, or other monitoring device upon the person, or that has, at the time, the authority and responsibility to monitor the electronic, GPS, or other monitoring device. (d) Unless the parole authority finds that in the interests of justice it is not appropriate in a particular case, upon a violation of subdivision (a), the parole authority shall revoke the person’s parole and require that he or she be incarcerated in a county jail for 180 days. (e) Upon a violation of subdivision (b), the parole authority shall revoke the person’s parole and require that he or she be incarcerated in a county jail for 180 days. (Amended by Stats. 2014, Ch. 603, Sec. 1. (AB 2121) Effective January 1, 2015.)
  160. 3010.2.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    A continuous electronic monitoring system may be able to immediately notify the department about actual or suspected parole violations if a parole officer decides that the requirement is necessary for an individual person.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.2. (a) A continuous electronic monitoring system may have the capacity to immediately notify the department of violations, actual or suspected, of the terms of parole that have been identified by the monitoring system if the requirement is deemed necessary by the parole officer with respect to an individual person. (b) This information, including geographic location and tampering, may be used as evidence to prove a violation of the terms of parole. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  161. 3010.3.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    The department must set public-safety standards for electronic monitoring, including the minimum time between location transmissions and the accuracy of location 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.3. The department shall establish the following standards as are necessary to enhance public safety: (a) Standards for the minimum time interval between transmissions of information about the location of the person under supervision. The standards shall be established after an evaluation of, at a minimum, all of the following: (1) The resources of the department. (2) The criminal history of the person under supervision. (3) The safety of the victim of the persons under supervision. (b) Standards for the accuracy of the information identifying the location of the person under supervision. The standards shall be established after consideration of, at a minimum, all of the following: (1) The need to identify the location of a person proximate to the location of a crime, including a violation of parole. (2) Resources of the department. (3) The need to avoid false indications of proximity to crimes. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  162. 3010.4.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    The department must set up rules banning unauthorized access to information used in continuous electronic monitoring, and monitoring devices may not be used to eavesdrop or record conversations except for a participant-supervisor conversation used only for voice identification.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.4. (a) The department, operating a system of continuous electronic monitoring pursuant to this section, shall establish prohibitions against unauthorized access to, and use of, information by private or public entities as may be deemed appropriate. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. (b) Devices used pursuant to this article shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant that is to be used solely for the purposes of voice identification. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  163. 3010.5.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

    Verify source ↗

    The department has sole discretion over which parolees are placed on continuous electronic monitoring, and it must issue written guidelines identifying the parolees subject to that monitoring.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.5. (a) The department shall have the sole discretion to decide which persons shall be supervised using continuous electronic monitoring administered by the department. No individual shall be required to participate in continuous electronic monitoring authorized by this article for any period of time longer than the term of parole. (b) The department shall establish written guidelines that identify those persons on parole subject to continuous electronic monitoring authorized by this article. These guidelines shall include the need for enhancing monitoring in comparison to other persons not subject to the enhanced monitoring and the public safety needs that will be served by the enhanced monitoring. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  164. 3010.6.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

    Verify source ↗

    A parole officer may, at their discretion, revoke continuous monitoring of an individual.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.6. A parole officer may revoke, in his or her discretion, the continuous monitoring of any individual. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  165. 3010.7.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

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    A parole officer may take a supervised person into custody without a warrant if there is reasonable cause to believe the person is not following continuous electronic monitoring rules or 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.7. Whenever a parole officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth for the use of continuous electronic monitoring as a supervision tool, the officer supervising the individual may, without a warrant of arrest, take the individual into custody for a violation of parole. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  166. 3010.9.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. )

    Verify source ↗

    The department may run continuous electronic monitoring through written contracts, but agencies may not operate such a system without a written contract with the department and may not employ participants in that monitoring surveillance.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Electronic Monitoring [3010 - 3010.10] ( Article 2 added by Stats. 2005, Ch. 484, Sec. 2. ) ## 3010.9. It is the intent of the Legislature that continuous electronic monitoring established pursuant to this article maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply: (a) The department may administer continuous electronic monitoring pursuant to written contracts and appropriate public or private agencies or entities to provide specified supervision services. No public or private agency or entity may operate a continuous electronic monitoring system as authorized by this section without a written contract with the department. No public or private agency or entity entering into a contract may itself employ any person who is a participant in continuous electronic monitoring surveillance. (b) The department shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section. (Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
  167. 30105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Firearms Eligibility Check [30105- 30105.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An individual may ask the Department of Justice to do a firearms eligibility check, and the applicant must submit a completed, notarized application with required personal information and no firearm information.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Firearms Eligibility Check [30105- 30105.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30105. (a) An individual may request that the Department of Justice perform a firearms eligibility check for that individual. The applicant requesting the eligibility check shall provide the personal information required by Section 28160 or 28165, as applicable, but not any information regarding any firearm, to the department, in an application specified by the department. (b) The department shall charge a fee of twenty dollars ($20) for performing the eligibility check authorized by this section, but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged may increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. (c) An applicant for the eligibility check pursuant to subdivision (a) shall complete the application, have it notarized by any licensed California Notary Public, and submit it by mail to the department. (d) Upon receipt of a notarized application and fee, the department shall do all of the following: (1) Examine its records, and the records it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) Notify the applicant by mail of its determination of whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department’s notification shall state either “eligible to possess firearms as of the date the check was completed” or “ineligible to possess firearms as of the date the check was completed.” (e) If the department determines that the information submitted to it in the application contains any blank spaces, or inaccurate, illegible, or incomplete information, preventing identification of the applicant, or if the required fee is not submitted, the department shall not be required to perform the firearms eligibility check. (f) The department shall make applications to conduct a firearms eligibility check as described in this section available to licensed firearms dealers and on the department’s Internet Web site. (g) The department shall be immune from any liability arising out of the performance of the firearms eligibility check, or any reliance upon the firearms eligibility check. (h) Except as provided in Sections 29180 and 29182, a person or agency shall not require or request an individual to obtain a firearms eligibility check or notification of a firearms eligibility check pursuant to this section. A violation of this subdivision is a misdemeanor. (i) The department shall include on the application specified in subdivision (a) and the notification of eligibility specified in subdivision (d) the following statements: “No person or agency may require or request an individual to obtain a firearms eligibility check or notification of firearms eligibility check pursuant to Section 30105 of the Penal Code. A violation of these provisions is a misdemeanor.” “If the applicant for a firearms eligibility check purchases, transfers, or receives a firearm through a licensed dealer as required by law, a waiting period and background check are both required.” (Amended by Stats. 2016, Ch. 60, Sec. 5. (AB 857) Effective January 1, 2017.)
  168. 3015.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.3. Parole Reentry Accountability Program [3015- 3015.] ( Article 2.3 added by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 49. )

    Verify source ↗

    The Secretary must create a parole reentry accountability program and the department must use a decision tool and issue regulations to run it.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.3. Parole Reentry Accountability Program [3015- 3015.] ( Article 2.3 added by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 49. ) ## 3015. (a) The Secretary of the Department of Corrections and Rehabilitation shall establish a parole reentry accountability program for parolees who have been sentenced to a term of imprisonment under Section 1170. The purpose of the program is to promote public safety, hold parolees accountable, and reduce recidivism. (b) The department shall employ a parole violation decisionmaking instrument to determine the most appropriate sanctions for these parolees who violate their conditions of parole. (1) For purposes of this subdivision, a “parole violation decisionmaking instrument” means a standardized tool that provides ranges of appropriate sanctions for parole violators given relevant case factors, including, but not limited to, offense history, risk of reoffense based on a validated risk assessment tool, need for treatment services, the number and type of current and prior parole violations, and other relevant statutory requirements. (2) The department shall adopt emergency regulations to implement this section initially, and shall subsequently adopt permanent regulations that make appropriate changes in policies and procedures to reflect the intent of this section. (c) The secretary shall have the discretion to establish additional tools and standards to further the purposes of this section. (d) Parolees who have been sentenced to a term of imprisonment under Section 1170 and offenders subject to postrelease supervision as established in the Postrelease Community Supervision Act of 2011 with a history of substance abuse or mental illness who violate their conditions of parole or postrelease supervision are eligible to participate in a reentry court program established pursuant to subdivision (e). (1) A parolee or offender subject to postrelease supervision who is deemed eligible by the department or local supervising agency to participate in a reentry court program may be referred by his or her parole officer, local supervising agent, or a revocation hearing officer for participation in the program. The reentry court shall have the discretion to determine if the parolee or offender subject to postrelease supervision will be admitted into the program and, in making this determination, shall consider, among other factors, whether the offender will benefit from the program, the risk the offender poses to the community, and the history and nature of the committing offense. (2) If the reentry court determines that the parolee or offender subject to postrelease supervision will be admitted into the program, the court, with the assistance of the participant’s parole or local supervising agent, shall have exclusive authority to determine the appropriate conditions of parole or postrelease supervision, order rehabilitation and treatment services to be provided, determine appropriate incentives, order appropriate sanctions, lift parole holds, and hear and determine appropriate responses to alleged violations, unless and until the court terminates the participant’s enrollment in the program authorized by subdivision (e). (3) A reentry court program plan shall include, but not be limited to, all of the following: (A) The anticipated number of parolees and offenders subject to postrelease supervision who will be served by the program. (B) The method by which each parolee or offender subject to postrelease supervision who is eligible for the program shall be referred to the program. (C) The method by which each parolee or offender subject to postrelease supervision is to be individually assessed as to his or her treatment and rehabilitative needs and the level of community and reentry court monitoring required by the program. (D) The criteria for continued participation in, and successful completion of, the program, as well as the criteria for termination from the program and referral to the revocation process pursuant to Section 3000.08 for parolees and Section 3454 for offenders subject to postrelease supervision. (E) A description of how the program shall be administered effectively. (F) An established method by which to report outcome measures for program participants. (G) The development of a program team, as well as a plan for ongoing training in utilizing the drug court and collaborative court nonadversarial model. (e) (1) Subject to funding made available for this purpose, the secretary shall enter into a memorandum of understanding with the Administrative Office of the Courts for the purpose of the establishment and operation of reentry court programs. Only courts with existing drug and mental health courts or courts that otherwise demonstrate leadership and a commitment to conduct the reentry court authorized by this section may participate in this program. These reentry court programs shall, with the assistance of the participant’s parole or postrelease supervision agent, direct the treatment and supervision of participants who would benefit from community drug treatment or mental health treatment. The purpose of reentry court programs created pursuant to this subdivision is to promote public safety, hold offenders accountable, and reduce recidivism. The program shall include key components of drug and collaborative courts using a highly structured model, including close supervision and monitoring, dedicated calendars, nonadversarial proceedings, frequent drug and alcohol testing, and close collaboration between the respective entities involved to improve the participant’s likelihood of success on parole or postrelease supervision. (2) The Judicial Council, in collaboration with the department, shall design and perform an evaluation of the program that will assess its effectiveness in reducing recidivism among parolees and offenders subject to postrelease supervision and reducing revocations. (3) The Judicial Council, in collaboration with the department, shall submit a final report of the findings from its evaluation of the program to the Legislature and the Governor no later than 3 years after the establishment of a reentry court pursuant to this section. (Amended by Stats. 2011, Ch. 39, Sec. 43. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  169. 30150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm transactions for authorized law enforcement representatives if written agency authorization is shown first, and it requires agencies to enter acquired firearms into AFS within 10 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30150. (a) Section 30105 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. (b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 63. (AB 809) Effective January 1, 2012.)
  170. 30155.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30105 does not apply to certain firearm loans made by authorized law enforcement representatives to qualifying peace officers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30155. Section 30105 does not apply to the loan of a firearm if all of the following conditions are satisfied: (a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government. (b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm. (c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’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.)
  171. 3016.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.4. Case Management Reentry Pilot Program [3016- 3016.] ( Article 2.4 added by Stats. 2014, Ch. 26, Sec. 27. )

    Verify source ↗

    The Secretary must establish a Case Management Reentry Pilot Program for eligible offenders, and the department must evaluate it and report the results.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.4. Case Management Reentry Pilot Program [3016- 3016.] ( Article 2.4 added by Stats. 2014, Ch. 26, Sec. 27. ) ## 3016. (a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole. (b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services. (c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program. (d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules. (e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following: (1) Food, including the immediate need and long-term planning for obtaining food. (2) Clothing, including the immediate need to obtain appropriate clothing. (3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender. (4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits. (5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment. (6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations. (7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience. (8) Identification cards, including assisting reentering offenders with obtaining state identification cards. (9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living. (10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities. (11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events. (12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both. (13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to ensure long-term community success. (f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. (g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. (h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds. (Amended by Stats. 2016, Ch. 86, Sec. 237. (SB 1171) Effective January 1, 2017.)
  172. 30160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30105 does not apply to certain firearm sales, deliveries, or transfers from a law enforcement agency to a peace officer, and the agency must record required details in AFS within 10 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30160. (a) Section 30105 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 64. (AB 809) Effective January 1, 2012.)
  173. 30165.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A law enforcement or state agency that transfers a firearm to a retiring peace officer must enter the officer’s and firearm’s identifying information into AFS via CLETS within 10 days, with a note if an unhandgun firearm has no serial or other identification mark.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR PERSONS [29610 - 30165] ( Division 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearms Eligibility Check [30105 - 30165] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [30150 - 30165] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30165. (a) Section 30105 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 65. (AB 809) Effective January 1, 2012.)
  174. 302.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

    Verify source ↗

    A person may not intentionally disrupt a religious worship assembly at a tax-exempt place of worship; doing so is a misdemeanor with fines, jail, and possible community service.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. ) ## 302. (a) Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. (b) A court may require performance of community service of not less than 50 hours and not exceeding 80 hours as an alternative to imprisonment or a fine. (c) In addition to the penalty set forth in subdivision (a), a person who has suffered a previous conviction of a violation of this section or Section 403, shall be required to perform community service of not less than 120 hours and not exceeding 160 hours. (d) The existence of any fact which would bring a person under subdivision (c) or (d) shall be alleged in the complaint, information, or indictment and either: (1) Admitted by the defendant in open court. (2) Found to be true by a jury trying the issue of guilt. (3) Found to be true by the court where guilt is established by a plea of guilty or nolo contendere. (4) Found to be true by trial by the court sitting without a jury. (e) Upon conviction of any person under this section for disturbances of religious worship, the court may, in accordance with the performance of community service imposed under this section, consistent with public safety interests and with the victim’s consent, order the defendant to perform a portion of, or all of, the required community service at the place where the disturbance of religious worship occurred. (f) The court may waive the mandatory minimum requirements for community service whenever it is in the interest of justice to do so. When a waiver is granted, the court shall state on the record all reasons supporting the waiver. (Amended by Stats. 1994, Ch. 401, Sec. 1. Effective January 1, 1995.)
  175. 3020.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Interdisciplinary Assessment of Inmates [3020 - 3021] ( Article 2.5 added by Stats. 2007, Ch. 7, Sec. 11. )

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    The Department of Corrections and Rehabilitation must assess all inmates and use those assessments to place inmates in reentry-focused programs.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Interdisciplinary Assessment of Inmates [3020 - 3021] ( Article 2.5 added by Stats. 2007, Ch. 7, Sec. 11. ) ## 3020. The Department of Corrections and Rehabilitation shall conduct assessments of all inmates that include, but are not limited to, data regarding the inmate’s history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning. The assessments shall be used to place the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmate’s chances of reoffending. (Amended by Stats. 2014, Ch. 184, Sec. 1. (AB 2357) Effective January 1, 2015.)
  176. 3021.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Interdisciplinary Assessment of Inmates [3020 - 3021] ( Article 2.5 added by Stats. 2007, Ch. 7, Sec. 11. )

    Verify source ↗

    A credentialed teacher, vice principal, or principal must provide input on an inmate’s academic or vocational education program placement.

    ## 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2.5. Interdisciplinary Assessment of Inmates [3020 - 3021] ( Article 2.5 added by Stats. 2007, Ch. 7, Sec. 11. ) ## 3021. A credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate pursuant to Section 3375 of Title 15 of the California Code of Regulations, including, but not limited to, interviewing the inmate, verifying the inmate’s education records and test scores, or being present at meetings relating to the academic or vocational education program placement. (Added by Stats. 2012, Ch. 761, Sec. 1. (SB 1121) Effective January 1, 2013.)
  177. 30210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section bans people in the state from making, importing, selling, giving, lending, or possessing flechette dart ammunition or bullets carrying an explosive agent, except as otherwise provided.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30210. Except as provided in Section 30215 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 either of the following is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170: (a) Any ammunition that contains or consists of any flechette dart. (b) Any bullet containing or carrying an explosive agent. (Amended by Stats. 2012, Ch. 43, Sec. 104. (SB 1023) Effective June 27, 2012.)
  178. 30215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30210 does not apply to tracer ammunition made for use in a shotgun.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30215. Section 30210 does not apply to tracer ammunition manufactured for use in a shotgun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  179. 30290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain ammunition containing flechette darts or an explosive agent is treated as a nuisance and made subject to Section 18010, except as provided in Section 30215 and the cited chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Flechette Dart Ammunition or Bullet Containing or Carrying an Explosive Agent [30210 - 30290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30290. Except as provided in Section 30215 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any ammunition that contains or consists of any flechette dart, or any bullet containing or carrying an explosive agent, 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.)
  180. 303.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

    Verify source ↗

    People selling alcoholic beverages other than in the original package must not employ someone on the sales premises to promote purchases or sales, and must not pay commissions or percentages for that purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. ) ## 303. It shall be unlawful for any person engaged in the sale of alcoholic beverages, other than in the original package, to employ upon the premises where the alcoholic beverages are sold any person for the purpose of procuring or encouraging the purchase or sale of such beverages, or to pay any person a percentage or commission on the sale of such beverages for procuring or encouraging such purchase or sale. Violation of this section shall be a misdemeanor. (Added by Stats. 1935, Ch. 504.)
  181. 30300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section bans certain sales or transfers of ammunition to minors and sets a limited age-based exception for some rifle-use ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30300. (a) Any person, corporation, or dealer who does any of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine: (1) Sells any ammunition or reloaded ammunition to a person under 18 years of age. (2) Sells any ammunition or reloaded ammunition designed and intended for use in a handgun to a person under 21 years of age. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun. (3) Supplies, delivers, or gives possession of any ammunition to any minor who the person, corporation, or dealer knows, or using reasonable care should know, is prohibited from possessing that ammunition at that time pursuant to Chapter 1 (commencing with Section 29610) of Division 9 of Title 4 of Part 6. (b) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this section. (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. 30305.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some people barred from owning or possessing firearms, and some people under certain gang-related injunctions, must not possess ammunition or reloaded ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30305. (a) (1) No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition. (2) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (b) (1) A person who is not prohibited by subdivision (a) from owning, possessing, or having under the person’s custody or control, any ammunition or reloaded ammunition, but who is enjoined from engaging in activity pursuant to an injunction issued pursuant to Section 3479 of the Civil Code against that person as a member of a criminal street gang, as defined in Section 186.22, may not own, possess, or have under the person’s custody or control, any ammunition or reloaded ammunition. (2) A violation of this subdivision is a misdemeanor. (c) A violation of subdivision (a) or (b) is justifiable where all of the following conditions are met: (1) The person found the ammunition or reloaded ammunition or took the ammunition or reloaded ammunition from a person who was committing a crime against the person who found or took the ammunition or reloaded ammunition. (2) The person possessed the ammunition or reloaded ammunition no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law enforcement agency for that agency’s disposition according to law. (3) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is prohibited from owning or possessing a firearm only by virtue of Chapter 2 (commencing with Section 29800) of Division 9 or ammunition or reloaded ammunition because of subdivision (b). (d) Upon the trial for violating subdivision (a) or (b), the trier of fact shall determine whether the defendant is subject to the exemption created by subdivision (c). The defendant has the burden of proving by a preponderance of the evidence that the defendant is subject to the exemption provided by subdivision (c). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  183. 30306.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People or businesses must not provide ammunition to someone they know, or should know, is prohibited from possessing ammunition, and must not use a straw purchaser to pass ammunition on to a prohibited person.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30306. (a) Any person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives possession or control of, any ammunition to any person who he or she knows or using reasonable care should know is prohibited from owning, possessing, or having under custody or control, any ammunition or reloaded ammunition pursuant to subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Any person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives possession or control of, any ammunition to any person whom the person, corporation, firm, or other business enterprise knows or has cause to believe is not the actual purchaser or transferee of the ammunition, with knowledge or cause to believe that the ammunition is to be subsequently sold or transferred to a person who is prohibited from owning, possessing, or having under custody or control any ammunition or reloaded ammunition pursuant to subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (c) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and another provision of law shall not be punished under more than one provision. (Amended November 8, 2016, by initiative Proposition 63, Sec. 8.5.)
  184. 30310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person generally may not carry ammunition or reloaded ammunition onto school grounds unless written permission is given, with listed exceptions for certain officers and other specified persons.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30310. (a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. (b) This section shall not apply to any of the following: (1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. (4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. (5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. (7) Any other duly appointed peace officer. (8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. (9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. (10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. (B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. (c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. (Amended by Stats. 2015, Ch. 766, Sec. 2. (SB 707) Effective January 1, 2016.)
  185. 30312.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Ammunition sales generally must go through a licensed ammunition vendor, and most transfers must be face-to-face unless a listed exception applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30312. (a) (1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor. (2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title. (b) Commencing January 1, 2018, the sale, delivery, or transfer of ownership of ammunition by any party may only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part. (c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following: (1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual. (2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties. (3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title. (5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (7) An ammunition vendor. (8) A consultant-evaluator. (9) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises. (10) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720. (11) A person enrolled in the basic training academy for peace officers or any other course certified by the Commission on Peace Officer Standards and Training, an instructor of the academy or course, or a staff member of the academy or entity providing the course, who is purchasing the ammunition for the purpose of participation or use in the course. (d) A violation of this section is a misdemeanor. (Amended by Stats. 2017, Ch. 783, Sec. 3. (AB 693) Effective October 14, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 63.)
  186. 30314.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A state resident may not bring or transport ammunition bought or obtained outside the state into the state unless it is first delivered to a licensed ammunition vendor for delivery under Section 30312.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30314. (a) Commencing January 1, 2018, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312. (b) Subdivision (a) does not apply to any of the following: (1) An ammunition vendor. (2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties. (3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6. (5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (6) A person who acquired the ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720. (c) A violation of this section is an infraction for any first time offense, and either an infraction or a misdemeanor for any subsequent offense. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.7.)
  187. 30315.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person, firm, or corporation must not knowingly possess handgun ammunition designed primarily to penetrate metal or armor within this state.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30315. Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 548. (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.)
  188. 30320.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    It is a felony to manufacture, import, sell, offer to sell, or knowingly transport handgun ammunition designed mainly to penetrate metal or armor within the state.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30320. Any person, firm, or corporation who, within this state, manufactures, imports, sells, offers to sell, or knowingly transports any handgun ammunition designed primarily to penetrate metal or armor is guilty of a felony and upon conviction thereof shall be punished by imprisonment in state prison, or by a fine not to exceed five thousand dollars ($5,000), 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.)
  189. 30325.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the article does not apply to a person who found certain armor-piercing handgun ammunition if the person is otherwise allowed to possess firearms or ammunition and is transporting it to a law enforcement agency.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30325. Nothing in this article shall apply to or affect the possession of handgun ammunition designed primarily to penetrate metal or armor by a person who found the ammunition, if that person is not prohibited from possessing firearms or ammunition pursuant to subdivision (a) of Section 30305, Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, and the person is transporting the ammunition to a law enforcement agency for disposition according to law. (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. 30330.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This article does not apply to ammunition sales, purchases, possession, or use by certain military members on duty, police agencies, forensic laboratories, or people holding a valid permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30330. Nothing in this article shall apply to or affect the sale to, purchase by, possession of, or use of any ammunition by 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, or any police agency or forensic laboratory or any person who is the holder of a valid permit issued pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  191. 30335.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the article does not prohibit possession, importation, sale, attempted sale, or transport of ammunition if its propellant has been removed and its primer permanently deactivated.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30335. Nothing in this article shall prohibit the possession, importation, sale, attempted sale, or transport of ammunition from which the propellant has been removed and the primer has been permanently deactivated. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  192. 30340.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the article does not prohibit making ammunition under contracts approved by state or federal government agencies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30340. Nothing in this article shall prohibit the manufacture of ammunition under contracts approved by agencies of the state or federal government. (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. 30342.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    A valid ammunition vendor license is required to sell more than 500 rounds of ammunition in any 30-day period, starting January 1, 2018.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30342. (a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period. (b) Subdivision (a) does not apply to, or affect the sale of, ammunition to a person who holds a valid ammunition vendor license by a person in order to comply with Section 6389 of the Family Code. (c) Subdivision (a) does not apply to, or affect the sale of, ammunition to a person who holds a valid ammunition vendor license by a person in order to comply with Section 527.9 of the Code of Civil Procedure. (d) Subdivision (a) does not apply to, or affect the sale of, ammunition to a person who holds a valid ammunition vendor license by a person in order to comply with Section 18120. (e) A violation of this section is a misdemeanor. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 31) and added by Stats. 2024, Ch. 544, Sec. 32. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  194. 30345.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    A vendor must follow all conditions, requirements, and prohibitions in this article. The Department of Justice may inspect ammunition vendors starting July 1, 2022, and may adopt regulations for the chapter’s application and enforcement.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30345. (a) A vendor shall comply with all of the conditions, requirements, and prohibitions stated in this article. (b) Commencing July 1, 2022, the Department of Justice may inspect ammunition vendors to ensure compliance with subdivision (a) and any other applicable state or federal firearms laws. The department may adopt regulations to administer the application and enforcement provisions of this chapter. (Amended by Stats. 2020, Ch. 273, Sec. 2. (AB 2061) Effective January 1, 2021.)
  195. 30347.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    An ammunition vendor must require covered agents or employees to obtain and provide a certificate of eligibility, and must not let certain prohibited persons handle ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30347. (a) An ammunition vendor shall require any agent or employee who handles, sells, delivers, or has under his or her custody or control any ammunition, to obtain and provide to the vendor a certificate of eligibility from the Department of Justice issued pursuant to Section 26710. On the application for the certificate, the agent or employee shall provide the name and address of the ammunition vendor with whom the person is employed, or the name and California firearms dealer number of the ammunition vendor if applicable. (b) The department shall notify the ammunition vendor in the event that the agent or employee who has a certificate of eligibility is or becomes prohibited from possessing ammunition under subdivision (a) of Section 30305 or federal law. (c) An ammunition vendor shall not permit any agent or employee who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, deliver, or have under his or her custody or control, any ammunition in the course and scope of employment. (Amended November 8, 2016, by initiative Proposition 63, Sec. 8.10.)
  196. 30348.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    Licensed ammunition vendors must sell from the license location, but may sell at a gun show or event if it is not held from a motorized or towed vehicle.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30348. (a) Except as provided in subdivision (b), the sale of ammunition by a licensed vendor shall be conducted at the location specified in the license. (b) A vendor may sell ammunition at a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. (c) For purposes of this section, “gun show or event” means a function sponsored by any national, state, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community. (d) Sales of ammunition at a gun show or event shall comply with all applicable laws including Sections 30347, 30350, 30352, and 30360. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.11.)
  197. 30350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    An ammunition vendor must not display, offer, or sell ammunition in a way that lets a buyer access it without help from the vendor or an employee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30350. An ammunition vendor shall not sell or otherwise transfer ownership of, offer for sale or otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership of any ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. (Amended November 8, 2016, by initiative Proposition 63, Sec. 8.12.)
  198. 30352.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    Ammunition vendors must record and report required information for ammunition sales or transfers, verify purchaser authorization, and keep certain information confidential.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30352. (a) Commencing July 1, 2019, an ammunition vendor shall not sell or otherwise transfer ownership of any ammunition without, at the time of delivery, legibly recording the following information on a form to be prescribed by the Department of Justice: (1) The date of the sale or other transfer. (2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued. (3) The brand, type, and amount of ammunition sold or otherwise transferred. (4) The purchaser’s or transferee’s full name and signature. (5) The name of the salesperson who processed the sale or other transaction. (6) The purchaser’s or transferee’s full residential address and telephone number. (7) The purchaser’s or transferee’s date of birth. (b) (1) Commencing July 1, 2019, an ammunition vendor shall electronically submit to the department the information required by subdivision (a) for all sales and transfers of ownership of ammunition. The department shall retain this information in a database to be known as the Ammunition Purchase Records File. Except as provided in paragraph (2), this information shall remain confidential and may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, only for law enforcement purposes. The ammunition vendor shall not use, sell, disclose, or share the information for any other purpose other than the submission required by this subdivision without the express written consent of the purchaser or transferee. (2) The information collected by the department as provided in paragraph (1) shall be available to researchers affiliated with the California Firearm Violence Research Center at UC Davis following approval by the institution’s governing institutional review board, when required. At the department’s discretion, and subject to Section 14240, the data may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the study of the prevention of violence, following approval by the institution’s governing institutional review board or human subjects committee, when required, for academic and policy research purposes. Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of that data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (c) Commencing on July 1, 2019, only those persons listed in this subdivision, or those persons or entities listed in subdivision (e), shall be authorized to purchase ammunition. Prior to delivering any ammunition, an ammunition vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the ammunition is a person or entity listed in subdivision (e) or one of the following: (1) A person authorized to purchase ammunition pursuant to Section 30370. (2) A person who was approved by the department to receive a firearm from the ammunition vendor, pursuant to Section 28220, if that vendor is a licensed firearms dealer, and the ammunition is delivered to the person in the same transaction as the firearm. (d) Commencing July 1, 2019, the ammunition vendor shall verify with the department, in a manner prescribed by the department, that the person is authorized to purchase ammunition. If the person is not listed as an authorized ammunition purchaser, the vendor shall deny the sale or transfer. (e) Subdivisions (a) and (d) shall not apply to sales or other transfers of ownership of ammunition by ammunition vendors to any of the following, if properly identified: (1) An ammunition vendor. (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of Title 4 of Part 6. (3) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises. (4) A gunsmith. (5) A wholesaler. (6) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code, and the regulations issued pursuant thereto. (7) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed. (8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties. (B) (i) Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of the officer's duties. (ii) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or transferee shall provide bona fide evidence of identity to verify that the purchaser transferee is the person authorized in the certification. (iii) The vendor shall keep the certification with the record of sale and submit the certification to the department. (f) The department is authorized to adopt regulations to implement the provisions of this section. (Amended by Stats. 2021, Ch. 253, Sec. 11. (AB 173) Effective September 23, 2021.)
  199. 30355.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    Vendors must keep the records required by this article on the vendor’s premises for at least five years from the date of the recorded transfer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30355. Commencing February 1, 2011, the records required by this article shall be maintained on the premises of the vendor for a period of not less than five years from the date of the recorded transfer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  200. 30357.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. )

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    Records covered by Section 30352 may be inspected during normal business hours by certain peace officers and department employees when they are investigating, seeking prohibited-person information, or checking compliance with firearms laws.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Ammunition Vendors [30342 - 30365] ( Heading of Article 3 amended November 8, 2016, by initiative Proposition 63, Sec. 8.8. ) ## 30357. (a) Commencing February 1, 2011, the records referred to in Section 30352 shall be subject to inspection at any time during normal business hours by any peace officer employed by a sheriff, city police department, or district attorney as provided in subdivision (a) of Section 830.1, or employed by the department as provided in subdivision (b) of Section 830.1, provided that the officer is conducting an investigation where access to those records is or may be relevant, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law, as defined in Section 23500, or any other laws pertaining to firearms or ammunition. (b) The records referred to in Section 30352 shall also be subject to inspection at any time during normal business hours by any other employee of the department, provided that the employee is conducting an investigation where access to those records is or may be relevant, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law, as defined in Section 23500, or any other laws pertaining to firearms or ammunition. (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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