Penal Code — Part 17 | PEN — United States — California law | Esheria

Penal Code

Part 17 of 29 · provisions 3,201–3,400

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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Provisions of Penal Code

Showing 200 of 5,647

  1. 30360.

    ## 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 may not make false or missing entries, fail to get the required thumbprint, or otherwise mishandle required records; if the right thumbprint is unavailable, the vendor must use the left thumb or any available finger and note that on the form.

    ## 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. ) ## 30360. Commencing February 1, 2011, a vendor shall not knowingly make a false entry in, fail to make a required entry in, fail to obtain the required thumbprint, or otherwise fail to maintain in the required manner, records prepared in accordance with Section 30352. If the right thumbprint is not available, then the vendor shall have the purchaser or transferee use the left thumb, or any available finger, and shall so indicate on the form. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  2. 30362.

    ## 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 may not refuse, during an inspection, to let a person authorized under Section 30357 examine relevant records or use records or 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 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. ) ## 30362. (a) Commencing February 1, 2011, no vendor shall, during any inspection conducted pursuant to this article, refuse to permit a person authorized under Section 30357 to examine any record prepared in accordance with this article. (b) Commencing February 1, 2011, no vendor shall refuse to permit the use of any record or information by a person authorized under Section 30357. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  3. 30363.

    ## 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 report certain ammunition losses or thefts to local law enforcement within 48 hours of discovery.

    ## 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. ) ## 30363. Within 48 hours of discovery, an ammunition vendor shall report the loss or theft of any of the following items to the appropriate law enforcement agency in the city, county, or city and county where the vendor’s business premises are located: (1) Any ammunition that is merchandise of the vendor. (2) Any ammunition that the vendor takes possession of pursuant to Section 30312. (3) Any ammunition kept at the vendor’s place of business. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.14.)
  4. 30365.

    ## 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 violation of Sections 30352, 30355, 30360, or 30362 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 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. ) ## 30365. (a) A violation of Section 30352, 30355, 30360, or 30362 is a misdemeanor. (b) 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 law shall not be punished under more than one provision. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  5. 30370.

    ## 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. )

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    The department must electronically approve ammunition purchases or transfers through a vendor, and vendors may not provide ammunition without department approval.

    ## 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. ) ## 30370. (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition: (1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b). (2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710. (3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c). (b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied. (c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225, as it read on December 31, 2019, and not to exceed the department’s reasonable costs. (d) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an internet connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification. (e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the Attorney General may adjust the fee as needed pursuant to this section, not to exceed the reasonable regulatory and enforcement costs for operating the program related to this article. (f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this section and Section 30352 and for repaying the start-up loan provided for in Section 30371. (g) The Department of Justice is authorized to adopt regulations to implement this section. (Amended by Stats. 2023, Ch. 249, Sec. 30.5. (SB 2) Effective January 1, 2024. Operative January 1, 2024, pursuant to Sec. 32 of Stats. 2023, Ch. 249. Note: Stats. 2016, Ch. 55, Sec. 16, repealed the prior version of Section 30370, which was added November 8, 2016, by Proposition 63.)
  6. 30371.

    ## 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. )

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    The state appropriates $25 million from the General Fund as a loan for ammunition authorization program startup costs, and the Controller must repay it by transferring qualifying fee proceeds back to 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 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. ) ## 30371. (a) There is hereby appropriated twenty-five million dollars ($25,000,000) from the General Fund as a loan for the start-up costs of implementing, operating and enforcing the provisions of the ammunition authorization program provided for in Sections 30352 and 30370. (b) For purposes of repaying the loan, the Controller shall, after disbursing moneys necessary to implement, operate and enforce the ammunition authorization program provided for in Sections 30352 and 30370, transfer all proceeds from fees received by the Ammunition Safety and Enforcement Special Fund up to the amount of the loan provided by this section, including interest at the pooled money investment account rate, to the General Fund. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.15.)
  7. 30372.

    ## 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. )

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    If an ammunition purchase or transfer is denied because the buyer is prohibited from possessing ammunition, the Department of Justice must notify local law enforcement. The local agency may investigate but cannot contact the person until it confirms the prohibition and the attempted purchase.

    ## 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 4. Ammunition Purchase Authorizations [30370 - 30372] ( Article 4 added November 8, 2016, by initiative Proposition 63, Sec. 8.15. ) ## 30372. (a) If a person attempts to purchase or otherwise acquire ammunition and the sale or other transfer is not approved by the Department of Justice pursuant to Section 30370 because the person is prohibited from possessing ammunition pursuant to Section 30305, the department shall notify the local law enforcement agency with primary jurisdiction in which the person was last known to reside of the attempt. (b) A local law enforcement agency that receives a notification pursuant to subdivision (a) may investigate whether the person is in unlawful possession of a firearm. However, the law enforcement agency shall not contact the person until it has attempted to confirm both of the following: (1) That the person is prohibited from possessing ammunition pursuant to Section 30305. (2) That the person did in fact attempt to make the reported purchase. (c) Subdivision (a) does not apply if the sale or other transfer is not approved only because the address in the Automated Firearms System does not match the address on the person’s identification, if there is a matching file with the same name, date of birth, and identification number. (d) This section does not authorize a law enforcement agency to conduct a search without a warrant. (Added by Stats. 2022, Ch. 100, Sec. 2. (AB 2551) Effective January 1, 2023.)
  8. 30385.

    ## 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. )

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    The Department of Justice may issue ammunition vendor licenses and must start accepting applications on July 1, 2017.

    ## 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. ) ## 30385. (a) The Department of Justice is authorized to issue ammunition vendor licenses pursuant to this article. The department shall, commencing July 1, 2017, commence accepting applications for ammunition vendor licenses. If an application is denied, the department shall inform the applicant of the reason for denial in writing. (b) The ammunition vendor license shall be issued in a form prescribed by the department and shall be valid for a period of one year. The department may adopt regulations to administer the application and enforcement provisions of this article. The license shall allow the licensee to sell ammunition at the location specified in the license or at a gun show or event as set forth in Section 30348. (c) (1) In the case of an entity other than a natural person, the department shall issue the license to the entity, but shall require a responsible person to pass the background check pursuant to Section 30395. (2) For purposes of this article, “responsible person” means a person having the power to direct the management, policies, and practices of the entity as it pertains to ammunition. (d) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the dealer complies with the requirements of Article 2 (commencing with Section 30300) and Article 3 (commencing with Section 30342). (Added November 8, 2016, by initiative Proposition 63, Sec. 8.16.)
  9. 30390.

    ## 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. )

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    The Department of Justice may charge ammunition vendor license applicants a reasonable fee, must deposit the fees in the Ammunition Vendors Special Account, and may use the fund for administering and enforcing 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 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. ) ## 30390. (a) The Department of Justice may charge ammunition vendor license applicants a reasonable fee sufficient to reimburse the department for the reasonable, estimated costs of administering the license program, including the enforcement of this program and maintenance of the registry of ammunition vendors. (b) The fees received by the department pursuant to this article shall be deposited in the Ammunition Vendors Special Account, which is hereby created. Notwithstanding Section 13340 of the Government Code, the revenue in the fund is continuously appropriated for use by the department for the purpose of implementing, administering and enforcing the provisions of this article, and for collecting and maintaining information submitted pursuant to Section 30352. (c) The revenue in the Firearms Safety and Enforcement Special Fund shall also be available upon appropriation to the department for the purpose of implementing and enforcing the provisions of this article. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.16.)
  10. 30395.

    ## 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. )

    Verify source ↗

    The Department of Justice may issue ammunition vendor licenses to qualified applicants and must keep a registry of licensed ammunition vendors.

    ## 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 5. Ammunition Vendor Licenses [30385 - 30395] ( Article 5 added November 8, 2016, by initiative Proposition 63, Sec. 8.16. ) ## 30395. (a) The Department of Justice is authorized to issue ammunition vendor licenses to applicants who the department has determined, either as an individual or a responsible person, are not prohibited from possessing, receiving, owning, or purchasing ammunition under subdivision (a) of Section 30305 or federal law, and who provide a copy of each of the following documents, as applicable: (1) Any regulatory or business license required by local government. (2) A valid seller’s permit issued by the California Department of Tax and Fee Administration pursuant to Section 6067 of the Revenue and Taxation Code and, commencing July 1, 2024, a valid certificate of registration issued pursuant to Section 36036 of the Revenue and Taxation Code. (3) A valid federal firearms license, if the person is so licensed. (4) A certificate of eligibility issued by the Department of Justice. (b) The department shall keep a registry of all licensed ammunition vendors. Law enforcement agencies shall be provided access to the registry for law enforcement purposes. (c) An ammunition vendor license is subject to forfeiture for a breach of any of the prohibitions and requirements of Article 2 (commencing with Section 30300) or Article 3 (commencing with Section 30342). (Amended by Stats. 2023, Ch. 231, Sec. 5. (AB 28) Effective January 1, 2024.)
  11. 303a

    ## 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. )

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    A person must not loiter in or around a business that sells alcohol for on-premises consumption in order to beg or solicit customers to buy alcohol for them.

    ## 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. ) ## 303a. It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting. Violation of this section shall be a misdemeanor. (Added by Stats. 1953, Ch. 1591.)
  12. 3040.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Board of Parole Hearings may allow eligible prisoners to go on parole outside prison walls and enclosures, and may parole prisoners to camps for paroled prisoners under Section 2792.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3040. The Board of Parole Hearings shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to go upon parole outside the prison walls and enclosures. The board may parole prisoners in the state prisons to camps for paroled prisoners established under Section 2792. (Amended by Stats. 2023, Ch. 311, Sec. 11. (SB 883) Effective January 1, 2024.)
  13. 30400.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. )

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    A person generally may not buy, sell, offer to sell, or transfer ownership of a non-federally regulated firearm precursor part in 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. ) ## 30400. (a) Except as provided in subdivision (b) and in Section 30420, or except by operation of law, it shall be unlawful for a person to purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part. (b) This section does not apply to either of the following: (1) The purchase of a firearm precursor part that is not a federally regulated firearm precursor part by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms. (2) The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federally regulated firearm precursor part to a federally licensed firearms manufacturer or importer, or to a federal licensee authorized to serialize firearms. (c) A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (Amended by Stats. 2023, Ch. 311, Sec. 24. (SB 883) Effective January 1, 2024.)
  14. 30401.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. )

    Verify source ↗

    The department may issue a determination about whether an item or kit is a firearm precursor part if it receives a written request or prescribed form.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. ) ## 30401. (a) The department may, upon receipt of a written request or form prescribed by the department, issue a determination to a person regarding whether an item or kit is a firearm precursor part. (b) Any request or form submitted pursuant to subdivision (a) shall be executed under the penalty of perjury with a complete and accurate description of the item or kit, the name and address of the manufacturer or importer thereof, and a sample of the item or kit for examination. (c) The sample of the item or kit shall include all accessories and attachments relevant to the firearm precursor part determination as each determination is limited to the submitted sample. The sample shall include any associated templates, jigs, molds, equipment, or tools that are made available by the seller, distributor, or manufacturer of the item or kit to the purchaser or recipient of the item or kit, and any instructions, guides, or marketing materials if they will be made available by the seller, distributor, or manufacturer with the item or kit. (d) Upon completion of the examination, the department may return the sample to the person who made the request unless a determination is made that return of the sample would be a, or would place the person in, violation of the law. Unless otherwise stated by the department, a determination made by the department pursuant to this section shall not be deemed by any person to be applicable to, or authoritative with respect to, any other sample, design, model, or configuration. (Added by Stats. 2022, Ch. 76, Sec. 29. (AB 1621) Effective June 30, 2022.)
  15. 3041.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section requires parole hearings and related reviews for eligible inmates, sets reporting duties for the board, and restricts when parole can be granted or 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041. (a) (1) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmate’s minimum eligible parole date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. (2) One year before the inmate’s minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. (3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e). (4) Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligible date. (5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate. (b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. (2) After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panel’s decision. The panel’s decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel’s decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. (3) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting. (c) For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2. (d) It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly. (e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following: (1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote. (2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding. (3) The board shall separately state reasons for its decision to grant or deny parole. (4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review. (Amended by Stats. 2017, Ch. 676, Sec. 1. (AB 1448) Effective January 1, 2018.)
  16. 3041.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Before an inmate is released, the Governor may request review of a parole decision. If the Governor does so, the request must be reviewed by the designated commissioners, and the board must follow this chapter.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.1. (a) Any time before an inmate’s release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors. (b) If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter. (Amended by Stats. 2015, Ch. 470, Sec. 2. (SB 230) Effective January 1, 2016.)
  17. 3041.2.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Governor must review board-provided materials within 30 days after certain parole actions involving a murder conviction, and must send the inmate a written statement with reasons if the Governor reverses or modifies the parole decision.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.2. (a) During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the board’s decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board. (b) If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision. (Amended by Stats. 2015, Ch. 470, Sec. 3. (SB 230) Effective January 1, 2016.)
  18. 3041.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section sets parole hearing procedures and deadlines, including inmate participation rights and board notice requirements.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.5. (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. (2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. (B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. (C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. (4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3). (5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. (2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. (Amended by Stats. 2015, Ch. 470, Sec. 4. (SB 230) Effective January 1, 2016. Note: This section was amended on Nov. 4, 2008, by initiative Prop. 9.)
  19. 3041.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Board of Parole Hearings may hold proceedings by videoconference, and a participant’s appearance by videoconference satisfies certain references to meeting, being present, appearing, or representing interests at a proceeding.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.6. The Board of Parole Hearings may conduct proceedings by videoconference. All references in this article and Article 4 of Chapter 7 (commencing with Section 2960) of this title to a participant’s statutory right to meet, be present, appear, or to represent the interests of the people or another participant at a proceeding shall be satisfied by the participant’s appearance by videoconference at the proceeding. (Added by Stats. 2021, Ch. 80, Sec. 11. (AB 145) Effective July 16, 2021.)
  20. 3041.7.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    At a parole hearing for an inmate serving a life sentence, the inmate has the right to counsel, and the Board of Parole Hearings must notify the prosecutor and Attorney General at least 30 days before the hearing.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.7. At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days before the date of the hearing. Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people. (Amended by Stats. 2015, Ch. 470, Sec. 5. (SB 230) Effective January 1, 2016.)
  21. 3041.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Board of Parole Hearings must translate specified parole-related documents into the five most common languages used by eligible incarcerated 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing: (1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process. (2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process. (3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the person’s rights under the Americans with Disabilities Act. (4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date. (b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time. (c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing. (Added by Stats. 2024, Ch. 826, Sec. 1. (AB 2310) Effective January 1, 2025.)
  22. 3042.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section requires the parole board to give notice, record and transcribe parole hearings, publish transcripts on time, and wait 60 days before parole 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3042. (a) (1) At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, the law enforcement agency that investigated the case, and, if the inmate was convicted of the murder of a peace officer, the law enforcement agency that employed the peace officer at the time of the murder. (2) If the inmate was convicted of the murder of a firefighter, the board or the Department of Corrections and Rehabilitation shall also send the written notice described in paragraph (1) to the fire department that employed the firefighter at the time of the murder, if that fire department registers with the board to receive that notification and provides the appropriate contact information. (b) The Board of Parole Hearings shall record all of those hearings and transcribe recordings of those hearings within 30 days of any hearing. Those transcripts, including the transcripts of all prior hearings, shall be filed and maintained in the office of the Board of Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. An inmate shall not be released on parole until 60 days from the date of the hearing have elapsed. (c) At any hearing, the presiding hearing officer shall state their findings and supporting reasons on the record. (d) Any statements, recommendations, or other materials considered shall be incorporated into the transcript of the hearing, unless the material is confidential in order to preserve institutional security and the security of others who might be endangered by disclosure. (e) The board shall review and consider all relevant and reliable information received from any person and shall consider imposing special conditions of parole to reflect the comments or concerns raised by this information, as appropriate. (f) This section does not limit the type or content of information any person may forward to the board for consideration under any other law. (g) Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole consideration hearing for a person sentenced to a life sentence under this section, may forward that information by electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by electronic mail pursuant to this subdivision. (Amended by Stats. 2023, Ch. 311, Sec. 12. (SB 883) Effective January 1, 2024.)
  23. 30420.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. )

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    This article does not apply to several listed categories of persons and carriers.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. ) ## 30420. This article does not apply to any of the following persons: (a) A 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. (b) 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. (c) An authorized representative of a city, county, city and county, or state or federal government that receives an unserialized firearm precursor part as part of an authorized, voluntary program in which the governmental entity is buying or receiving firearms or firearm precursor parts from private individuals. (Amended by Stats. 2022, Ch. 76, Sec. 34. (AB 1621) Effective June 30, 2022.)
  24. 30425.

    ## 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. )

    Verify source ↗

    This article does not prohibit manufacturing firearm precursor parts 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 1.5. Firearm Precursor Parts [30400 - 30425] ( Chapter 1.5 added by Stats. 2019, Ch. 730, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Firearm Precursor Parts [30400 - 30425] ( Article 1 added by Stats. 2019, Ch. 730, Sec. 6. ) ## 30425. This article does not prohibit the manufacture of firearm precursor parts under contracts approved by agencies of the state or federal government. (Added by Stats. 2019, Ch. 730, Sec. 6. (AB 879) Effective January 1, 2020.)
  25. 3043.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section sets notice, attendance, and participation rules for parole suitability hearings involving victims and related 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043. (a) (1) Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or consider the parole suitability for any inmate in a state prison shall be given by telephone, certified mail, regular mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, by the Board of Parole Hearings at least 90 days before the hearing to any victim of any crime committed by the inmate, or to the next of kin of the victim if the victim has died, to include the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, and any other felony crimes or crimes against the person for which the inmate has been convicted. The requesting party shall keep the board apprised of their current contact information in order to receive the notice. (2) No later than 30 days before the date selected for the hearing, any person entitled to attend the hearing, other than the victim, victim’s next of kin, member of the victim’s family, victim’s representative, counsel representing any of these persons, or victim support persons, shall inform the board of their intention to attend the hearing and the name and identifying information of any other person entitled to attend the hearing who will accompany them. (3) No later than 14 days before the date selected for the hearing, the board shall notify every person entitled to attend the hearing confirming the date, time, and place of the hearing. (4) The department and the board may require no more than 15 days’ notice by a victim, victim’s next of kin, member of the victim’s family, victim’s representative, counsel representing any of these persons, or victim support persons, of their intention to attend the hearing. (b) (1) The victim, next of kin, members of the victim’s family, and two representatives designated as provided in paragraph (2) of this subdivision have the right to appear, personally or by counsel, at the hearing and to adequately and reasonably express their views concerning the inmate and the case, including, but not limited to the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, any other felony crimes or crimes against the person for which the inmate has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the inmate for parole. (2) Any statement provided by a representative designated by the victim or next of kin may cover any subject about which the victim or next of kin has the right to be heard including any recommendation regarding the granting of parole. The representatives shall be designated by the victim or, in the event that the victim is deceased or incapacitated, by the next of kin. They shall be designated in writing for the particular hearing before the hearing. (c) A representative designated by the victim or the victim’s next of kin for purposes of this section may be any adult person selected by the victim or the family of the victim. The board shall permit a representative designated by the victim or the victim’s next of kin to attend a particular hearing, to provide testimony at a hearing, and to submit a statement to be included in the hearing as provided in Section 3043.2, even though the victim, next of kin, or a member of the victim’s immediate family is present at the hearing, and even though the victim, next of kin, or a member of the victim’s immediate family has submitted a statement as described in Section 3043.2. (d) The board, in deciding whether to release the person on parole, shall consider the entire and uninterrupted statements of the victim or victims, next of kin, immediate family members of the victim, and the designated representatives of the victim or next of kin, if applicable, made pursuant to this section and shall include in its report a statement whether the person would pose a threat to public safety if released on parole. (e) In those cases where there are more than two immediate family members of the victim who wish to attend any hearing covered in this section, the board shall allow attendance of additional immediate family members to include the following: spouse, children, parents, siblings, grandchildren, and grandparents. (Amended by Stats. 2023, Ch. 795, Sec. 2. (AB 88) Effective January 1, 2024. Note: This section was added on June 8, 1982, by initiative Prop. 8, and amended on Nov. 4, 2008, by initiative Prop. 9.)
  26. 3043.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain victims and family members attending a parole-suitability hearing may bring one support person of their choice.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.1. Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability of any inmate pursuant to Section 3043 shall be entitled to the attendance of one person of his or her own choosing at the hearing for support. The person so chosen shall not participate in the hearing nor make comments while in attendance. (Amended by Stats. 2015, Ch. 470, Sec. 8. (SB 230) Effective January 1, 2016.)
  27. 3043.2.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Board of Parole Hearings must allow certain victim-related statements at parole suitability hearings, consider filed statements before deciding, and include a public-safety statement in its report.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.2. (a) (1) In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim. (2) A representative designated by the victim or the victim’s next of kin for purposes of this section must be either a family or household member of the victim. (3) The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole. (b) Whenever an audio or video statement or a statement stored on a CD-ROM, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement. (c) Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin. (d) In the event the board permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement. (Amended by Stats. 2015, Ch. 470, Sec. 9. (SB 230) Effective January 1, 2016.)
  28. 3043.25.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain parole-suitability hearing participants may appear by videoconference if videoconferencing is available at the hearing site.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.25. Any victim, next of kin, members of the victim’s immediate family, or representatives designated for a particular hearing by the victim or next of kin in writing before the hearing who have the right to appear at a hearing to review parole suitability, either personally as provided in Section 3043, or by a written, audiotaped, or videotaped statement as provided in Section 3043.2, and any prosecutor who has the right to appear pursuant to Section 3041.7, shall also have the right to appear by means of videoconferencing, if videoconferencing is available at the hearing site. For the purposes of this section, “videoconferencing” means the live transmission of audio and video signals by any means from one physical location to another. (Amended by Stats. 2015, Ch. 470, Sec. 10. (SB 230) Effective January 1, 2016.)
  29. 3043.3.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section defines “immediate family” and “household member of the victim” for use in specified parole-related 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.3. As used in Sections 3043, 3043.1, 3043.2, and 3043.25, the term “immediate family” shall include the victim’s spouse, parent, grandparent, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption. As used in Sections 3043 and 3043.2, the term “household member of the victim” means a person who lives, or was living at the time of the crime, in the victim’s household, and who has, or for a deceased victim had at the time of the crime, an intimate or close relationship with the victim. (Amended by Stats. 2004, Ch. 289, Sec. 4. Effective January 1, 2005.)
  30. 3043.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    People interested in a parole decision may submit views, and the board must consider public input and state in its report that it reviewed that input and how it assessed public safety.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.5. (a) This section shall be known as the “Condit-Nolan Public Participation in Parole Act of 1984.” (b) Any person interested in the grant or denial of parole to any prisoner in a state prison shall have the right to submit a statement of views in support of or in opposition to the granting of parole. The board, in deciding whether to release the person on parole, shall review all information received from the public to insure that the gravity and timing of all current or past convicted offenses have been given adequate consideration and to insure that the safety of the public has been adequately considered. Upon completion of its review, the board shall include in its report a statement that it has reviewed all information received from the public and its conclusion as to whether the person would pose a threat to the public safety if released on parole. (Added by Stats. 1984, Ch. 805, Sec. 2.)
  31. 3043.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    At a parole hearing, certain authorized speakers have the right to speak last before the board.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3043.6. Any person authorized to appear at a parole hearing pursuant to Section 3043, or a prosecutor authorized to represent the views of the victim, his or her immediate family, or next of kin, pursuant to Section 3043.2, shall have the right to speak last before the board in regard to those persons appearing and speaking before the board at a parole hearing. Nothing in this section shall prohibit the person presiding at the hearing from taking any steps he or she deems appropriate to ensure that only accurate and relevant statements are considered in determining parole suitability as provided in law, including, but not limited to, the rebuttal of inaccurate statements made by any party. (Added by Stats. 2004, Ch. 1, Sec. 4. Effective January 21, 2004.)
  32. 3044.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The parole board is the state’s parole authority, must protect victims’ rights, and must conduct parole revocation matters independently and without bias. Parolees get limited procedural rights, including hearings on set timelines and counsel only if specific conditions are met.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3044. (a) Notwithstanding any other law, the Board of Parole Hearings or its successor in interest shall be the state’s parole authority and shall be responsible for protecting victims’ rights in the parole process. Accordingly, to protect a victim from harassment and abuse during the parole process, no person paroled from a California correctional facility following incarceration for an offense committed on or after the effective date of this act shall, in the event his or her parole is revoked, be entitled to procedural rights other than the following: (1) A parolee shall be entitled to a probable cause hearing no later than 15 days following his or her arrest for violation of parole. (2) A parolee shall be entitled to an evidentiary revocation hearing no later than 45 days following his or her arrest for violation of parole. (3) A parolee shall, upon request, be entitled to counsel at state expense only if, considering the request on a case-by-case basis, the board or its hearing officers determine: (A) The parolee is indigent; and (B) Considering the complexity of the charges, the defense, or because the parolee’s mental or educational capacity, he or she appears incapable of speaking effectively in his or her own defense. (4) In the event the parolee’s request for counsel, which shall be considered on a case-by-case basis, is denied, the grounds for denial shall be stated succinctly in the record. (5) Parole revocation determinations shall be based upon a preponderance of evidence admitted at hearings including documentary evidence, direct testimony, or hearsay evidence offered by parole agents, peace officers, or a victim. (6) Admission of the recorded or hearsay statement of a victim or percipient witness shall not be construed to create a right to confront the witness at the hearing. (b) The board is entrusted with the safety of victims and the public and shall make its determination fairly, independently, and without bias and shall not be influenced by or weigh the state cost or burden associated with just decisions. The board must accordingly enjoy sufficient autonomy to conduct unbiased hearings, and maintain an independent legal and administrative staff. The board shall report to the Governor. (Added November 4, 2008, by initiative Proposition 9, Sec. 5.3. Note: Prop. 9 is titled the Victims' Bill of Rights Act of 2008: Marsy's Law.)
  33. 3045.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    A sentence for a crime is not counted as a prior conviction if the person had previously been pardoned expressly on the ground that they were not guilty.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3045. Any sentence based on conviction of crime of which the person was previously pardoned on the express ground that he was not guilty shall not be counted as a previous conviction. (Amended by Stats. 1951, Ch. 671.)
  34. 3046.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    People serving life sentences generally cannot be paroled until they have served the required minimum term, and the parole board must consider and record relevant statements and recommendations when deciding 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3046. (a) An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following: (1) A term of at least seven calendar years. (2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole. (b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until he or she has served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively. (c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable. (d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it. (Amended by Stats. 2017, Ch. 676, Sec. 2. (AB 1448) Effective January 1, 2018.)
  35. 3049.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Most prisoners sentenced before July 1, 1977 cannot be paroled until they serve the minimum term set by law, with limited exceptions for certain older or later-received prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3049. In all other cases not heretofore provided for, no prisoner sentenced prior to July 1, 1977 may be paroled until he has served the minimum term of imprisonment provided by law for the offense of which he was convicted, except that in cases where the prisoner was serving a sentence on December 31, 1947, and in which the minimum term of imprisonment is more than one year, he may be paroled at any time after the expiration of one-half of the minimum term, with benefit of credits, but in no case shall he be paroled until he has served one calendar year; provided, that any prisoner, received on or after January 1, 1948, at any state prison or institution under the jurisdiction of the Director of Corrections, whose minimum term of imprisonment is more than one year, may be paroled at any time after the expiration of one-third of the minimum term. In all other cases he may be paroled at any time after he has served the minimum term prescribed by law. (Amended by Stats. 1976, Ch. 1139.)
  36. 3049.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Some prisoners in an approved research program may be paroled after the required diagnostic study, but yearly releases under this section may not exceed 5% of the prior year’s total releases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3049.5. Notwithstanding the provisions of Section 3049, any prisoner selected for inclusion in a specific research program approved by the Board of Corrections may be paroled upon completion of the diagnostic study provided for in Section 5079. The number of prisoners released in any year under this provision shall not exceed 5 percent of the total number of all prisoners released in the preceding year. This section shall not apply to a prisoner who, while committing the offense for which he has been imprisoned, physically attacked any person by any means. A threat of attack is not a physical attack for the purposes of this section unless such threat was accompanied by an attempt to inflict physical harm upon some person. (Amended by Stats. 2012, Ch. 728, Sec. 125. (SB 71) Effective January 1, 2013.)
  37. 3050.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Certain inmates who complete in-prison drug treatment must, when possible, be placed into a 150-day residential aftercare drug treatment program after release; if they complete that aftercare, they must be discharged from parole supervision.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3050. (a) Notwithstanding any other provision of law, any inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving and has not served a prior indeterminate sentence or a sentence for a violent felony, a serious felony, or a crime that requires him or her to register as a sex offender pursuant to Section 290, who has successfully completed an in prison drug treatment program, upon release from state prison, shall, whenever possible, be entered into a 150-day residential aftercare drug treatment program sanctioned by the department. (b) As a condition of parole, if the inmate successfully completes 150 days of residential aftercare treatment, as determined by the Department of Corrections and Rehabilitation and the aftercare provider, the parolee shall be discharged from parole supervision at that time. (Amended by Stats. 2012, Ch. 728, Sec. 126. (SB 71) Effective January 1, 2013.)
  38. 30500.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This chapter is named the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30500. This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  39. 30505.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says assault weapons and .50 BMG rifles are viewed as dangerous and that the chapter is intended to restrict their use and create a registration and permit process for lawful sale and 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30505. (a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities. (b) The Legislature hereby finds and declares that the proliferation and use of .50 BMG rifles poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  40. 3051.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section requires the Board of Parole Hearings to hold youth offender parole hearings, release eligible individuals on parole at those hearings, and schedule follow-up hearings when parole is not granted.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3051. (a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was 25 years of age or younger, or was under 18 years of age as specified in paragraph (4) of subdivision (b), at the time of the controlling offense. (2) For the purposes of this section, the following definitions shall apply: (A) “Incarceration” means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility. (B) “Controlling offense” means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment. (C) “Youth parole eligible date” is the earliest date upon which a youth offender is eligible for release on parole at a youth offender parole hearing. Except as provided in subdivision (i) and Section 3051.1, youth offenders are entitled to their initial youth offender parole hearing within six months of their youth parole eligible date, as determined in subdivision (b), unless previously released or entitled to an earlier parole consideration hearing pursuant to any other law. (b) (1) A person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing during the person’s 15th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of the person’s 15th year of incarceration. (2) A person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole at a youth offender parole hearing during the person’s 20th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of the person’s 20th year of incarceration. (3) A person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a life term of 25 years to life shall be eligible for release on parole at a youth offender parole hearing during the person’s 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of the person’s 25th year of incarceration. (4) A person who was convicted of a controlling offense that was committed before the person had attained 18 years of age and for which the sentence is life without the possibility of parole shall be eligible for release on parole at a youth offender parole hearing during the person’s 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of the person’s 25th year of incarceration. (c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. (d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801. (e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release. (f) (1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. (2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or the individual’s growth and maturity since the time of the crime may submit statements for review by the board. (3) This section is not intended to alter the rights of victims at parole hearings. (g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. A subsequent youth offender parole hearing shall not be necessary if the offender is released pursuant to any other law prior to the date of the subsequent hearing. (h) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or to cases in which an individual is sentenced to life in prison without the possibility of parole for a controlling offense that was committed after the person had attained 18 years of age. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 26 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison. (i) (1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to January 1, 2014, by July 1, 2015. (2) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2016, by July 1, 2017. (B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2016, by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017. (3) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2018, by January 1, 2020. (B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2018, by January 1, 2022. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before January 1, 2019. (4) The board shall complete, by July 1, 2020, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before July 1, 2020. (j) The Secretary of the Department of Corrections and Rehabilitation may authorize persons described in paragraphs (1), (2), and (3) of subdivision (b) to obtain an earlier youth parole eligible date by adopting regulations pursuant to subdivision (b) of Section 32 of Article 1 of the California Constitution. (Amended by Stats. 2019, Ch. 577, Sec. 2. (AB 965) Effective January 1, 2020.)
  41. 3051.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The board must finish certain youth offender parole hearings by specified deadlines and must conduct the related consultation before January 1, 2018.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3051.1. (a) Notwithstanding subdivision (i) of Section 3051, the board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added subparagraph (A) of paragraph (2) of subdivision (i) of Section 3051 by January 1, 2018. (b) Notwithstanding subdivision (i) of Section 3051, the board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added subparagraph (B) of paragraph (2) of subdivision (i) of Section 3051 by December 31, 2021. The board shall, for all individuals described in this subdivision, conduct the consultation described in subdivision (a) of Section 3041 before January 1, 2018. (Added by Stats. 2015, Ch. 472, Sec. 1. (SB 519) Effective January 1, 2016.)
  42. 30510.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines which firearms are treated as “assault weapons” for this chapter and several listed sections.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30510. As used in this chapter and in Sections 16780, 17000, 27555, 27560, 27565, 27875, 27920, 27966, and 28000, “assault weapon” means the following designated semiautomatic firearms: (a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG-1. (10) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 551. (13) Springfield Armory BM59 and SAR-48. (14) Sterling MK-6. (15) Steyr AUG. (16) Valmet M62S, M71S, and M78S. (17) Armalite AR-180. (18) Bushmaster Assault Rifle. (19) Calico M-900. (20) J&R ENG M-68. (21) Weaver Arms Nighthawk. (b) All of the following specified pistols: (1) UZI. (2) Encom MP-9 and MP-45. (3) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram M-11. (4) Intratec TEC-9. (5) Sites Spectre. (6) Sterling MK-7. (7) Calico M-950. (8) Bushmaster Pistol. (c) All of the following specified shotguns: (1) Franchi SPAS 12 and LAW 12. (2) Striker 12. (3) The Streetsweeper type S/S Inc. SS/12. (d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991. (e) This section is declaratory of existing law and a clarification of the law and the Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons. (f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. (Amended by Stats. 2024, Ch. 540, Sec. 15. (AB 3064) Effective January 1, 2025.)
  43. 30515.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines which firearms count as “assault weapons,” lists exemptions, and requires the Department of Justice to create a program for exempting certain competitive pistols.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that does not have a fixed magazine. (8) Any shotgun with a revolving cylinder. (9) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (G) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (H) A second handgrip. (I) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (J) The capacity to accept a detachable magazine at some location outside of the pistol grip. (10) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds. (11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches. (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). (d) “Assault weapon” does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):MANUFACTURERMODELCALIBERBENELLIMP90.22LRBENELLIMP90.32 S&W LONGBENELLIMP95.22LRBENELLIMP95.32 S&W LONGHAMMERLI280.22LRHAMMERLI280.32 S&W LONGHAMMERLISP20.22LRHAMMERLISP20.32 S&W LONGPARDINIGPO.22 SHORTPARDINIGP-SCHUMANN.22 SHORTPARDINIHP.32 S&W LONGPARDINIMP.32 S&W LONGPARDINISP.22LRPARDINISPE.22LRWALTHERGSP.22LRWALTHERGSP.32 S&W LONGWALTHEROSP.22 SHORTWALTHEROSP-2000.22 SHORT (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. (e) The provisions of this section are severable. If any provision of this section 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. (Amended by Stats. 2020, Ch. 29, Sec. 38. (SB 118) Effective August 6, 2020.)
  44. 3052.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Board of Parole Hearings may make and enforce rules for when eligible inmates may go on parole outside prison buildings and enclosures.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3052. The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole. (Amended by Stats. 2015, Ch. 470, Sec. 12. (SB 230) Effective January 1, 2016.)
  45. 30520.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must prepare and distribute identification descriptions for certain assault weapons, publish and update an assault-weapon list, and adopt needed rules and regulations. Law enforcement agencies must make the description available to personnel.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30520. (a) The Attorney General shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 30510, and any firearm declared to be an assault weapon pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, and shall distribute the description to all law enforcement agencies responsible for enforcement of this chapter. Those law enforcement agencies shall make the description available to all agency personnel. (b) (1) Until January 1, 2007, the Attorney General shall promulgate a list that specifies all firearms designated as assault weapons in former Section 12276, as it read in Section 2 of Chapter 954 of the Statutes of 1991, Section 134 of Chapter 427 of the Statutes of 1992, or Section 19 of Chapter 606 of the Statutes of 1993, or declared to be assault weapons pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991. The Attorney General shall file that list with the Secretary of State for publication in the California Code of Regulations. Any declaration that a specified firearm is an assault weapon shall be implemented by the Attorney General who, within 90 days, shall promulgate an amended list which shall include the specified firearm declared to be an assault weapon. The Attorney General shall file the amended list with the Secretary of State for publication in the California Code of Regulations. Any firearm declared to be an assault weapon prior to January 1, 2007, shall remain on the list filed with the Secretary of State. (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, pertaining to the adoption of rules and regulations, shall not apply to any list of assault weapons promulgated pursuant to this section. (c) The Attorney General shall adopt those rules and regulations that may be necessary or proper to carry out the purposes and intent 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.)
  46. 30525.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “.50 BMG cartridge” by its intended use and four physical measurements.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30525. As used in this part, “.50 BMG cartridge” means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria: (a) It has an overall length of 5.54 inches from the base to the tip of the bullet. (b) The bullet diameter for the cartridge is from .510 to, and including, .511 inch. (c) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch. (d) The cartridge case length is 3.91 inches. (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. 3053.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Board of Parole Hearings may set parole conditions, including requiring a tuberculosis examination or test when it reasonably suspects infectious tuberculosis exposure.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053. (a) The Board of Parole Hearings upon granting any parole to any prisoner may also impose on the parole any conditions that it may deem proper. (b) The Board of Parole Hearings may impose as a condition of parole that any prisoner granted parole undergo an examination or test for tuberculosis when the board reasonably suspects that the parolee has, has had, or has been exposed to, tuberculosis in an infectious stage. (c) For purposes of this section, an “examination or test for tuberculosis” means testing and followup examinations or treatment according to the Centers for Disease Control and American Thoracic Society recommendations in effect at the time of the initial examination. (Amended by Stats. 2023, Ch. 311, Sec. 13. (SB 883) Effective January 1, 2024.)
  48. 3053.2.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section lets parole authorities impose victim-protection and batterer-program conditions on certain parolees, and requires related enrollment, reporting, and assessment steps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.2. (a) Upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings or the supervising parole agency shall impose the following condition on the parole of a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Section 6211 of the Family Code: Compliance with a protective order enjoining the parolee from threatening, stalking, sexually abusing, harassing, or taking further violent acts against the victim and, if appropriate, compliance with any or all of the following: (1) An order prohibiting the parolee from having personal, telephonic, electronic, media, or written contact with the victim. (2) An order prohibiting the parolee from coming within at least 100 yards of the victim or the victim’s residence or workplace. (3) An order excluding the parolee from the victim’s residence. (b) The Board of Parole Hearings or the supervising parole agency may impose the following condition on the parole of a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Section 6211 of the Family Code: For persons who committed the offense prior to January 1, 1997, participation in a batterer’s program, as specified in this section, for the entire period of parole. For persons who committed the offense after January 1, 1997, successful completion of a batterer’s program, which shall be a condition of release from parole. If no batterer’s program is available, another appropriate counseling program designated by the parole agent or officer, for a period of not less than one year, with weekly sessions of a minimum of two hours of classroom time. The program director shall give periodic progress reports to the parole agent or officer at least every three months. (c) The parole agent or officer shall refer the parolee only to a batterer’s program that follows the standards outlined in Section 1203.097 and immediately following sections. (d) The parolee shall file proof of enrollment in a batterer’s program with the parole agent or officer within 30 days after the first meeting with his or her parole agent or officer, if he or she committed the offense after January 1, 1997, or within 30 days of receiving notice of this parole condition, if he or she committed the offense prior to January 1, 1997. (e) The parole agent or officer shall conduct an initial assessment of the parolee, which information shall be provided to the batterer’s program. The assessment shall include, but not be limited to, all of the following: (1) Social, economic, and family background. (2) Education. (3) Vocational achievements. (4) Criminal history, prior incidents of violence, and arrest reports. (5) Medical history. (6) Substance abuse history. (7) Consultation with the probation officer. (8) Verbal consultation with the victim, only if the victim desires to participate. (f) Upon request of the victim, the victim shall be notified of the release of the parolee and the parolee’s location and parole agent or officer. If the victim requests notification, he or she shall also be informed that attendance in any program does not guarantee that an abuser will not be violent. (g) The parole agent or officer shall advise the parolee that the failure to enroll in a specified program, as directed, may be considered a parole violation that would result in possible further incarceration. (h) The director of the batterer’s program shall immediately report any violation of the terms of the protective order issued pursuant to paragraph (3) of subdivision (a), including any new acts of violence or failure to comply with the program requirements, to the parolee’s parole agent or officer. (i) Upon recommendation of the director of the batterer’s program, a parole agent or officer may require a parolee to participate in additional sessions throughout the parole period, unless he or she finds that it is not in the interests of justice to do so. In deciding whether the parolee would benefit from more sessions, the parole agent or officer shall consider whether any of the following conditions exist: (1) The parolee has been violence-free for a minimum of six months. (2) The parolee has cooperated and participated in the batterer’s program. (3) The parolee demonstrates an understanding of, and practices, positive conflict resolution skills. (4) The parolee blames, degrades, or has committed acts that dehumanize the victim or puts the victim’s safety at risk, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim. (5) The parolee demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship. (6) The parolee has made threats to harm another person in any manner. (7) The parolee demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim. (Amended by Stats. 2012, Ch. 43, Sec. 41. (SB 1023) Effective June 27, 2012.)
  49. 3053.4.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    For certain parolees convicted of bias-motivated felony offenses, the parole authority must usually impose conditions barring further violence, threats, stalking, or harassment against the victim or close family/partner.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.4. In the case of any person who is released from prison on parole or after serving a term of imprisonment for any felony offense committed against the person or property of another individual, private institution, or public agency because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, gender identity, gender expression, or sexual orientation, including, but not limited to, offenses defined in Section 422.6, 422.7, 422.75, 594.3, or 11411, the Board of Parole Hearings or the supervising parole agency, absent compelling circumstances, shall order the defendant as a condition of parole to refrain from further acts of violence, threats, stalking, or harassment of the victim, or known immediate family or domestic partner of the victim, including stay-away conditions when appropriate. In these cases, the parole authority may also order that the defendant be required as a condition of parole to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community. (Amended by Stats. 2012, Ch. 43, Sec. 42. (SB 1023) Effective June 27, 2012.)
  50. 3053.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    When parole is granted to certain sex-offense prisoners, the Board of Parole Hearings must check for intoxication or alcohol addiction and, if found, must require total abstinence from alcoholic liquor or beverages as a parole condition.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.5. Upon granting parole to any prisoner convicted of any of the offenses enumerated in Section 290, the Board of Parole Hearings shall inquire into the question whether the defendant at the time the offense was committed was intoxicated or addicted to the excessive use of alcoholic liquor or beverages at that time or immediately prior thereto, and if it is found that the person was so intoxicated or so addicted, it shall impose as a condition of parole that such prisoner shall totally abstain from the use of alcoholic liquor or beverages. (Amended by Stats. 2023, Ch. 311, Sec. 14. (SB 883) Effective January 1, 2024.)
  51. 3053.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    For certain parole releases involving registered sex crimes, the department must usually order no contact between the parolee and the victim or the victim’s family, and must make the order when requested in specified cases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.6. (a) Where a person committed to prison for a sex crime for which registration is required pursuant to Section 290 is to be released on parole, the department, in an appropriate case, shall make an order that the parolee not contact or communicate with the victim of the crime, or any of the victim’s family members. In determining whether to make the order, the department shall consider the facts of the offense and the background of the parolee. (b) Where a victim, or an immediate family member of a victim, requests that the parolee not contact him or her, the order shall be made. An immediate family member’s request that the parolee not contact that person shall be granted even where the direct victim allows contact. (c) Where the victim is a minor, the order that the parolee shall not contact or communicate with the victim shall be made where requested by the victim, or the parents or guardian of the victim. In the event of a dispute between the parents or guardians of a minor victim concerning whether a no-contact and no-communication order should be made, the board shall hold a hearing to resolve the dispute. The victim, or the parents or guardians, shall not be required to attend the hearing. The victim, or the parents of the victim, may submit a written statement to the board concerning the issue of whether a no-contact or no-communication order shall be made. (d) The district attorney of the county that prosecuted the defendant for the sex crime for which the parolee was committed to prison may be available to facilitate and assist the victim, or victim’s family member, in stating to the department whether or not the order that the parolee not contact or communicate with him or her shall be made. (Added by Stats. 2006, Ch. 735, Sec. 1. Effective January 1, 2007.)
  52. 3053.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Some parolees must not enter a park where children regularly gather unless their parole agent gives express permission.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.8. (a) Notwithstanding any other law, when a person is released on parole after having served a term of imprisonment for any of the offenses specified in subdivision (b) in which one or more of the victims was under 14 years of age, and for which registration is required pursuant to the Sex Offender Registration Act, it shall be a condition of parole that the person may not, during the period of parole, enter a park where children regularly gather without the express permission of the person’s parole agent. (b) Subdivision (a) shall apply to persons released on parole after having served a term of imprisonment for an offense specified in Section 261, 264.1, 269, 286, 287, 288.5, 288.7, or 289, paragraph (1) of subdivision (b) of Section 288, subdivision (c) of Section 667.51, subdivision (j), (k), or (l) of Section 667.61, Section 667.71, or former Section 262 or 288a. (Amended by Stats. 2021, Ch. 626, Sec. 60. (AB 1171) Effective January 1, 2022.)
  53. 3053.9.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    If an inmate has a prior conviction for a sexually violent offense, the board must consider a comprehensive sex-offender risk assessment when considering 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3053.9. If an inmate has a prior conviction for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, the board shall consider the results of a comprehensive risk assessment for sex offenders in considering parole. (Added by Stats. 2019, Ch. 242, Sec. 1. (SB 141) Effective January 1, 2020.)
  54. 30530.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “.50 BMG rifle” and excludes antique firearms and certain curios or relics.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [30500 - 30530] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30530. (a) As used in this part, “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. (b) A “.50 BMG rifle” does not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  55. 3054.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Department of Corrections must establish three pilot programs for female parolees, and related officials must administer them and report on their cost-effectiveness.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3054. (a) (1) The Department of Corrections shall establish three pilot programs that provide intensive training and counseling programs for female parolees to assist in the successful reintegration of those parolees into the community upon release or discharge from prison and after completion of in-prison therapeutic community substance abuse treatment programs. (2) The Director of Corrections shall determine the counties in which the pilot programs are established. (b) (1) The services offered in the pilot programs may include, but shall not be limited to, drug and alcohol abuse treatment, cognitive skills development, education, life skills, job skills, victim impact awareness, anger management, family reunification, counseling, vocational training and support, residential care, and placement in affordable housing and employment opportunities. (2) Ancillary services such as child care and reimbursement of transportation costs shall be provided to the extent necessary to permit full participation by female offenders in employment assistance, substance abuse treatment, and other program elements. (3) The pilot programs shall include a case management component to assess the social services and other needs of participating in the social services, education, job training, and other programs most likely to result in their recovery and employment success. (c) With respect to a female parolee who violates her parole, the Board of Prison Terms may order initial or continued participation in a program under this section, in lieu of revocation pursuant to Section 3060, provided the department approves the program participation, the parolee meets all eligibility criteria for the program, and the parole violation was nonviolent. (d) (1) The Department of Corrections shall prepare an informational handout explaining the pilot programs created by this section. (2) A copy of this informational handout shall be given to each female inmate eligible for any of the pilot programs and to each female parolee eligible for any of the pilot programs pursuant to subdivision (c). (e) Subject to appropriation of funds, the department is authorized to enter into contracts, or amend existing contracts, for community residential treatment services for offenders and minor children in an offender’s custody in order to carry out the goals stated in paragraph (1) of subdivision (a). (f) (1) It is the intent of the Legislature that the programs demonstrate the cost-effectiveness of providing the enhanced services described in subdivision (b), based upon an annual evaluation of a representative sample of female parolees, in order to determine the impact of these services upon the criminal recidivism, employment, and welfare dependency of the offenders and their families. (2) The department, with the assistance of an independent consultant with expertise in criminal justice programs, shall complete a report evaluating the cost-effectiveness of the pilot programs in regard to the effect of the programs (A) on the recidivism of participating female offenders compared with a comparable nonparticipating group of female offenders and (B) on the employment of female offenders and the welfare dependency of a female offender’s family. The report shall be provided to the Governor and the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees of both houses of the Legislature by January 1, 2002. (Amended by Stats. 2002, Ch. 619, Sec. 1. Effective January 1, 2003.)
  56. 3055.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section creates the Elderly Parole Program and sets rules for reviewing and hearing parole for qualifying older 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings, for purposes of reviewing the parole suitability of any inmate who is 50 years of age or older and has served a minimum of 20 years of continuous incarceration on the inmate’s current sentence, serving either a determinate or indeterminate sentence. (b) (1) For purposes of this code, the term “elderly parole eligible date” means the date on which an inmate who qualifies as an elderly offender is eligible for release from prison. (2) For purposes of this section, “incarceration” means detention in a city or county jail, local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility. (c) When considering the release of an inmate specified by subdivision (a) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly inmate’s risk for future violence. (d) When scheduling a parole consideration hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the inmate meets or will meet the criteria specified in subdivision (a). (e) An individual who is subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. If an inmate is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041. (f) If parole is not granted, the board shall set the time for a subsequent elderly parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. No subsequent elderly parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing. (g) This section does not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in cases which an individual was sentenced to life in prison without the possibility of parole or death. (h) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of their official duties. (i) This section does not alter the rights of victims at parole hearings. (j) By December 31, 2022, the board shall complete all elderly parole hearings for individuals who were sentenced to determinate or indeterminate terms and who, on the effective date of the bill that added this subdivision, are or will be entitled to have their parole suitability considered at an elderly parole hearing before January 1, 2023. (Amended by Stats. 2023, Ch. 311, Sec. 15. (SB 883) Effective January 1, 2024.)
  57. 3056.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Parolees generally stay under department supervision, but they can be housed in county jail or other county custody settings during revocation-related proceedings under stated conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3056. (a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, they shall be housed in the county in which they were arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, the parolee shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole. (b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08. (c) Until July 1, 2021, a parolee who is subject to subdivision (a), but who is under 18 years of age, may be housed in a facility of the Division of Juvenile Justice, Department of Corrections and Rehabilitation. (Amended by Stats. 2021, Ch. 18, Sec. 1. (SB 92) Effective May 14, 2021.)
  58. 3057.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section limits how long parole revocation confinement may last, allows the parole authority to extend it in some misconduct cases, and requires release on parole after confinement without a new prison 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3057. (a) Confinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall not exceed 12 months, except as provided in subdivision (c). (b) Upon completion of confinement pursuant to parole revocation without a new commitment to prison, the inmate shall be released on parole for a period that shall not extend beyond that portion of the maximum statutory period of parole specified by Section 3000 which was unexpired at the time of each revocation. (c) Notwithstanding the limitations in subdivision (a) and in Section 3060.5 upon confinement pursuant to a parole revocation, the parole authority may extend the confinement pursuant to parole revocation for a maximum of an additional 12 months for subsequent acts of misconduct committed by the parolee while confined pursuant to that parole revocation. Upon a finding of good cause to believe that a parolee has committed a subsequent act of misconduct and utilizing procedures governing parole revocation proceedings, the parole authority may extend the period of confinement pursuant to parole revocation as follows: (1) not more than 180 days for an act punishable as a felony, whether or not prosecution is undertaken, (2) not more than 90 days for an act punishable as a misdemeanor, whether or not prosecution is undertaken, and (3) not more than 30 days for an act defined as a serious disciplinary offense pursuant to subdivision (a) of Section 2932. (d) (1) Except for parolees specified in paragraph (2), any revocation period imposed under subdivision (a) may be reduced in the same manner and to the same extent as a term of imprisonment may be reduced by worktime credits under Section 2933. Worktime credit shall be earned and may be forfeited pursuant to the provisions of Section 2932. Worktime credit forfeited shall not be restored. (2) The following parolees shall not be eligible for credit under this subdivision: (A) Parolees who are sentenced under Section 1168 with a maximum term of life imprisonment. (B) Parolees who violated a condition of parole relating to association with specified persons, entering prohibited areas, attendance at parole outpatient clinics, or psychiatric attention. (C) Parolees who were revoked for conduct described in, or that could be prosecuted under any of the following sections, whether or not prosecution is undertaken: Section 189, Section 191.5, subdivision (a) of Section 192, subdivision (a) of Section 192.5, Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section 241, Section 244, paragraph (1) or (2) of subdivision (a) of Section 245, 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 of former Section 288a, Section 288, subdivision (a) of Section 289, 347, or 404, subdivision (a) of Section 451, Section 12022, 12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, any provision listed in Section 16590, or Section 664 for any attempt to engage in conduct described in or that could be prosecuted under any of the above-mentioned sections. (D) Parolees who were revoked for any reason if they had been granted parole after conviction of any of the offenses specified in subparagraph (C). (E) Parolees who the parole authority finds at a revocation hearing to be unsuitable for reduction of the period of confinement because of the circumstances and gravity of the parole violation, or because of prior criminal history. (e) Commencing October 1, 2011, this section shall only apply to inmates sentenced to a term of life imprisonment or parolees that on or before September 30, 2011, are pending a final adjudication of a parole revocation charge and subject to subdivision (c) of Section 3000.09. (Amended by Stats. 2021, Ch. 626, Sec. 61. (AB 1171) Effective January 1, 2022.)
  59. 3058.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    It is a misdemeanor for any person to knowingly and wilfully share or threaten to share certain statements about a parolee when the purpose is to cost that person employment or extort money or valuable items.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058. Any person who knowingly and wilfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then on parole, and which communication is made with the purpose and intent to deprive said 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 said communication with the purpose and intent to extort money or any article of value from said person so convicted of a felony, is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 106.)
  60. 3058.4.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Parole officers must report certain parole violations involving contact restrictions to the appropriate child protective agency, and the Department of Corrections must give parole officers a yearly written summary of these reporting duties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.4. (a) All parole officers shall report to the appropriate child protective agency if a person paroled following a conviction of Section 273a, 273ab, or 273d, or any sex offense identified in statute as being perpetrated against a minor, has violated the terms or conditions of parole related specifically to restrictions on contact with the victim or the victim’s family. (b) The Department of Corrections shall annually provide to all parole officers a written summary describing the legal duties of parole officers to report information to local child protective agencies as required by Section 11166 and this section. (Added by Stats. 1999, Ch. 957, Sec. 1. Effective January 1, 2000.)
  61. 3058.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections must, on request, give the chief of police or county sheriff parolee information within 10 days, including photographs and fingerprints where applicable.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.5. The Department of Corrections shall provide within 10 days, upon request, to the chief of police of a city or the sheriff of a county, information available to the department, including actual, glossy photographs, no smaller than 31/8 x 31/8 inches in size, and, in conjunction with the Department of Justice, fingerprints, concerning persons then on parole who are or may be residing or temporarily domiciled in that city or county. (Amended (as amended by Stats. 1983, Ch. 196, Sec. 2) by Stats. 1986, Ch. 600, Sec. 1.)
  62. 3058.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections and Rehabilitation must notify specified law enforcement and prosecutors before parole release for certain violent felony inmates, usually 60 days ahead, and must meet shorter deadlines in emergency or late-change situations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.6. (a) Whenever any person confined to state prison is serving a term for the conviction of a violent felony listed in subdivision (c) of Section 667.5, the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or pursuant to Section 1170, shall notify the sheriff or chief of police, or both, and the district attorney, who has jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b) (1) The notification shall be made by mail at least 60 days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections and Rehabilitation with the authority to make final determination and adjustments regarding parole location decisions. (2) Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not restore credits nor take any administrative action resulting in an inmate being placed in a greater credit earning category that would result in notification being provided less than 60 days prior to an inmate’s scheduled release date. (3) When notification cannot be provided at least 60 days prior to release due to the unanticipated release date change of an inmate as a result of an order from the court, an action by the Board of Parole Hearings, the granting of an administrative appeal, or a finding of not guilty or dismissal of a disciplinary action, that affects the sentence of the inmate, or due to a modification of the department’s decision regarding the community into which the person is scheduled to be released pursuant to paragraph (4), the department shall provide notification as soon as practicable, but in no case shall the department delay making the notification more than 24 hours from the time the final decision is made regarding where the parolee will be released. (4) Those agencies receiving the notice referred to in this subdivision may provide written comment to the board or department regarding the impending release. Agencies that choose to provide written comments shall respond within 45 days prior to the inmate’s scheduled release, unless an agency received less than 60 days’ notice of the impending release, in which case the agency shall respond as soon as practicable prior to the scheduled release. Those comments shall be considered by the board or department which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. The Department of Corrections and Rehabilitation shall respond in writing not less than 15 days prior to the scheduled release with a final determination as to whether to adjust the parole location and documenting the basis for its decision, unless the department received comments less than 45 days prior to the impending release, in which case the department shall respond as soon as practicable and prior to the scheduled release. The comments shall become a part of the inmate’s file. (c) If the court orders the immediate release of an inmate, the department shall notify the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole at the time of release. (d) (1) The notification required by this section shall be made whether or not a request has been made under Section 3058.5. (2) In no case shall notice required by this section to the appropriate agency be later than the day of release on parole. If, after the 60-day notice is given to law enforcement and to the district attorney relating to an out-of-county placement, there is a change of county placement, notice to the ultimate county of placement shall be made upon the determination of the county of placement. (Amended by Stats. 2023, Ch. 311, Sec. 16. (SB 883) Effective January 1, 2024.)
  63. 3058.61.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections must mail notice at least 45 days before release in certain Section 646.9 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.61. Whenever any person confined to state prison is serving a term for a conviction of Section 646.9, the Department of Corrections shall notify by mail, at least 45 days prior to the person’s scheduled release date, the sheriff or chief of police, or both, and the district attorney who has jurisdiction over the community in which the person was convicted, and the sheriff, chief of police, or both, and the district attorney having jurisdiction over the community in which the person is scheduled to be released on parole, or released following a period of confinement pursuant to a parole revocation without a new commitment. The notification shall indicate whether the victim has requested notification from the department pursuant to Section 646.92. (Added by Stats. 2000, Ch. 561, Sec. 3. Effective January 1, 2001.)
  64. 3058.65.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections and Rehabilitation must notify specified family members and agencies before certain parole releases, and the notice must include listed release details.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.65. (a) (1) Whenever any person confined in the state prison is serving a term for the conviction of child abuse, pursuant to Section 273a, 273ab, 273d, any sex offense specified as being perpetrated against a minor, or an act of domestic violence, or as ordered by a court, the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or pursuant to Section 1170, shall notify the following parties that the person is scheduled to be released on parole, or rereleased following a period of confinement pursuant to a parole revocation without a new commitment, as specified in subdivision (b): (A) The immediate family of the parolee who requests notification and provides the department with a current address. (B) A county child welfare services agency that requests notification pursuant to Section 16507 of the Welfare and Institutions Code. (2) For the purposes of this paragraph, “immediate family of the parolee” means the parents, siblings, and spouse of the parolee. (b) (1) The notification shall be made by mail at least 60 days prior to the scheduled release date, except as provided in paragraph (2). In all cases, the notification shall include the name of the person who is scheduled to be released, the terms of that person’s parole, whether or not that person is required to register with local law enforcement, and the community in which that person will reside. The notification shall specify the office within the Department of Corrections and Rehabilitation that has the authority to make the final determination and adjustments regarding parole location decisions. (2) When notification cannot be provided within the 60 days due to the unanticipated release date change of an inmate as a result of an order from the court, an action by the Board of Parole Hearings, the granting of an administrative appeal, or a finding of not guilty or dismissal of a disciplinary action, that affects the sentence of the inmate, or due to a modification of the department’s decision regarding the community into which the person is scheduled to be released pursuant to paragraph (3), the department shall provide notification to the parties and agencies specified in subdivision (a) as soon as practicable, but in no case less than 24 hours after the final decision is made regarding the location where the parolee will be released. (3) Those agencies receiving the notice referred to in this subdivision may provide written comment to the board or department regarding the impending release. Agencies that choose to provide written comments shall respond within 30 days prior to the inmate’s scheduled release, unless an agency received less than 60 days’ notice of the impending release, in which case the agency shall respond as soon as practicable prior to the scheduled release. Those comments shall be considered by the board or department which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. The board or department shall respond in writing not less than 15 days prior to the scheduled release with a final determination as to whether to adjust the parole location and documenting the basis for its decision, unless the department received comments less than 30 days prior to the impending release, in which case the department shall respond as soon as practicable prior to the scheduled release. The comments shall become a part of the inmate’s file. (c) In no case shall the notice required by this section be later than the day the person is released on parole. (Amended by Stats. 2024, Ch. 495, Sec. 10. (SB 1518) Effective January 1, 2025.)
  65. 3058.7.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    If a sheriff or chief of police is notified that a convicted violent felon is about to be released, they may notify a person they designate as an appropriate recipient. The law enforcement official and the employing public agency are not liable for giving or not giving notice under this section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.7. (a) Whenever any sheriff or chief of police is notified of the pending release of a convicted violent felon pursuant to Section 3058.6, that sheriff or chief of police may notify any person designated by the sheriff or chief of police as an appropriate recipient of this notice. (b) A law enforcement official authorized to provide notice pursuant to this section, and the public agency or entity employing the law enforcement official, shall not be liable for providing or failing to provide notice pursuant to this section. (Added by Stats. 1995, Ch. 936, Sec. 1. Effective January 1, 1996.)
  66. 3058.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section requires parole-release notice to be sent to certain requested recipients, and requires the requesting person to keep contact information current to keep receiving notice.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.8. (a) At the time a notification is sent pursuant to subdivision (a) of Section 3058.6, the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the designated agency responsible for notification, as the case may be, shall also notify persons described in Section 679.03 who have requested a notice informing those persons of the fact that the person who committed the violent offense is scheduled to be released from the Department of Corrections and Rehabilitation or from the State Department of State Hospitals, including, but not limited to, conditional release, and specifying the proposed date of release. Notice of the community in which the person is scheduled to reside shall also be given if it is (1) in the county of residence of a witness, victim, or family member of a victim who has requested notification, or (2) within 100 miles of the actual residence of a witness, victim, or family member of a victim who has requested notification. If, after providing the witness, victim, or next of kin with the notice, there is any change in the release date or the community in which the person is to reside, the board or department shall provide the witness, victim, or next of kin with the revised information. (b) In order to be entitled to receive the notice set forth in this section, the requesting party shall keep the department or board informed of his or her current contact information. (c) The board or department, when sending out notices regarding an offender’s release on parole, shall use the information provided by the requesting party pursuant to subdivision (b) of Section 679.03, unless that information is no longer current. If the information is no longer current, the department shall make a reasonable attempt to contact the person and to notify him or her of the impending release. (Amended by Stats. 2012, Ch. 24, Sec. 46. (AB 1470) Effective June 27, 2012.)
  67. 3058.9.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections and Rehabilitation must notify specified law enforcement officials and district attorneys before certain parole releases, generally at least 45 days in advance, with shorter notice allowed in limited 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3058.9. (a) Whenever any person confined to state prison is serving a term for the conviction of child abuse pursuant to Section 273a, 273ab, 273d, or any sex offense identified in statute as being perpetrated against a minor victim, or as ordered by any court, the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or pursuant to Section 1170, shall notify the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b) (1) The notification shall be made by mail at least 45 days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections with the authority to make final determination and adjustments regarding parole location decisions. (2) Notwithstanding any other provision of law, the Department of Corrections shall not restore credits nor take any administrative action resulting in an inmate being placed in a greater credit earning category that would result in notification being provided less than 45 days prior to an inmate’s scheduled release date. (3) When notification cannot be provided within the 45 days due to the unanticipated release date change of an inmate as a result of an order from the court, an action by the Board of Parole Hearings, the granting of an administrative appeal, or a finding of not guilty or dismissal of a disciplinary action, that affects the sentence of the inmate, or due to a modification of the department’s decision regarding the community into which the person is scheduled to be released pursuant to paragraph (4), the department shall provide notification as soon as practicable, but in no case less than 24 hours after the final decision is made regarding where the parolee will be released. (4) Those agencies receiving the notice referred to in this subdivision may provide written comment to the board or department regarding the impending release. Agencies that choose to provide written comments shall respond within 30 days prior to the inmate’s scheduled release, unless an agency received less than 45 days’ notice of the impending release, in which case the agency shall respond as soon as practicable prior to the scheduled release. Those comments shall be considered by the board or department, which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. The Department of Corrections shall respond in writing not less than 15 days prior to the scheduled release with a final determination as to whether to adjust the parole location and documenting the basis for its decision, unless the department received comments less than 30 days prior to the impending release, in which case the department shall respond as soon as practicable prior to the scheduled release. The comments shall become a part of the inmate’s file. (c) If the court orders the immediate release of an inmate, the department shall notify the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole or released following a period of confinement pursuant to a parole revocation without a new commitment. (d) The notification required by this section shall be made whether or not a request has been made under Section 3058.5. In no case shall notice required by this section to the appropriate agency be later than the day of release on parole. If, after the 45-day notice is given to law enforcement and to the district attorney relating to an out-of-county placement, there is change of county placement, notice to the ultimate county of placement shall be made upon the determination of the county of placement. (e) The notice required by this section shall satisfy the notice required by Section 3058.6 for any person whose offense is identified in both sections. (Amended by Stats. 2023, Ch. 311, Sec. 18. (SB 883) Effective January 1, 2024.)
  68. 3059.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    A paroled prisoner may not leave the state without permission from the supervising parole agency.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3059. If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an escaped prisoner and arrested as such. (Amended by Stats. 2012, Ch. 43, Sec. 44. (SB 1023) Effective June 27, 2012.)
  69. 3060.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    If a prisoner’s parole is revoked, and the prisoner had an additional restitution fine that was suspended under Section 1202.45, the fine must be reinstated without any further court proceeding.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3060.1. Upon the revocation of the parole of any prisoner who was ordered by the court to pay an additional restitution fine pursuant to Section 1202.45, but which was suspended by that section, the additional restitution fine shall be reinstated without the need for any further court proceeding. (Added by Stats. 1995, Ch. 313, Sec. 14. Effective August 3, 1995.)
  70. 3060.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The parole authority must revoke parole and return a prisoner to prison if the prisoner refuses to sign the required registration-explanation form or refuses to provide required blood or saliva samples, subject to stated 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3060.5. Notwithstanding any other provision of law, the parole authority shall revoke the parole of any prisoner who refuses to sign any form required by the Department of Justice stating that the duty of the prisoner to register under Section 290 has been explained to the prisoner, unless the duty to register has not been explained to the prisoner, or refuses to provide samples of blood or saliva as required by the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and shall order the prisoner returned to prison. Confinement pursuant to any single revocation of parole under this section shall not, absent a new conviction and commitment to prison under other provisions of law, exceed six months, except as provided in subdivision (c) of Section 3057. (Amended by Stats. 2012, Ch. 43, Sec. 45. (SB 1023) Effective June 27, 2012.)
  71. 3060.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    If a paroled person is returned to custody or has parole revoked for certain conduct, the supervising parole agency must report the circumstances to specified authorities; after release, the Department of Corrections and Rehabilitation must also inform those 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3060.6. Notwithstanding any other provision of law, on or after January 1, 2001, whenever any paroled person is returned to custody or has his or her parole revoked for conduct described in subdivision (c) of Section 290, the supervising parole agency shall report the circumstances that were the basis for the return to custody or revocation of parole to the law enforcement agency and the district attorney that has primary jurisdiction over the community in which the circumstances occurred and to the Department of Corrections and Rehabilitation. Upon the release of the paroled person, the Department of Corrections and Rehabilitation shall inform the law enforcement agency and the district attorney that has primary jurisdiction over the community in which the circumstances occurred and, if different, the county in which the person is paroled or discharged, of the circumstances that were the basis for the return to custody or revocation of parole. (Amended by Stats. 2012, Ch. 43, Sec. 46. (SB 1023) Effective June 27, 2012.)
  72. 3060.7.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The parole agency must tell certain high-risk parole or postrelease supervision releasees to report within two days, and may require even faster reporting.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3060.7. (a) (1) Notwithstanding any other law, the supervising parole agency shall notify any person released on parole or postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 who has been classified by the Department of Corrections and Rehabilitation as included within the highest control or risk classification that he or she shall be required to report to his or her assigned parole officer or designated local supervising agency within two days of release from the state prison. (2) This section shall not prohibit the supervising parole agency or local supervising agency from requiring any person released on parole or postrelease community supervision to report to his or her assigned parole officer within a time period that is less than two days from the time of release. (b) The supervising parole agency, within 24 hours of a parolee’s failure to report as required by this section, shall issue a written order suspending the parole of that parolee, pending a hearing before the Board of Parole Hearings or the court, as applicable, and shall request that a warrant be issued for the parolee’s arrest pursuant to subdivision (c) of Section 3000.08. (c) Upon the issuance of an arrest warrant for a parolee who has been classified within the highest control or risk classification, the assigned parole officer shall continue to carry the parolee on his or her regular caseload and shall continue to search for the parolee’s whereabouts. (d) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate sentenced prior to January 1, 1996, one or two days before his or her scheduled release date if the inmate’s release date falls on the day before a holiday or weekend. (e) With regard to any inmate subject to this section, the Department of Corrections and Rehabilitation shall release an inmate one or two days after his or her scheduled release date if the release date falls on the day before a holiday or weekend. (Amended by Stats. 2014, Ch. 26, Sec. 28. (AB 1468) Effective June 20, 2014.)
  73. 3060.9.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Department of Corrections and Rehabilitation may expand parole programs, while the parole authority may assign certain parolees to those programs instead of revocation in 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3060.9. (a) The Department of Corrections and Rehabilitation is hereby authorized to expand the use of parole programs or services to improve the rehabilitation of parolees, reduce recidivism, reduce prison overcrowding, and improve public safety through the following: (1) The use of intermediate sanctions for offenders who commit a violation of parole. (2) The use of parole programs or services, in addition to supervision, for any offender who is in need of services to reduce the parolee’s likelihood to reoffend. (b) For purposes of this section, the expansion of parole programs or services may include, but shall not be limited to, the following: (1) Counseling. (2) Electronic monitoring. (3) Halfway house services. (4) Home detention. (5) Intensive supervision. (6) Mandatory community service assignments. (7) Increased drug testing. (8) Participation in one or more components of the Preventing Parolee Crime Program pursuant to Section 3068. (9) Rehabilitation programs, such as substance abuse treatment. (10) Restitution. (c) As used in this section: (1) “Department” means the Department of Corrections and Rehabilitation. (2) “Parole authority” means the Board of Parole Hearings. (d) The department or the parole authority may assign the programs or services specified in subdivision (b) to offenders who meet the criteria of paragraph (1) or (2). This section shall not alter the existing discretion of the parole authority regarding the reporting by the department of parole violations or conditions of parole. In exercising its authority pursuant to paragraphs (2) and (3) of subdivision (e) and subdivision (f), the parole authority or the department in exercising its authority pursuant to paragraph (1) of subdivision (e) may determine an individual parolee’s eligibility for parole programs or services by considering the totality of the circumstances including, but not limited to, the instant violation offense, the history of parole adjustment, current commitment offense, the risk needs assessment of the offender, and prior criminal history, with public safety and offender accountability as primary considerations. (e) (1) Subject to the provisions of this section, the parole authority, in the absence of a new conviction and commitment of the parolee to the state prison under other provisions of law, may assign a parolee who violates a condition of his or her parole to parole programs or services in lieu of revocation of parole. (2) In addition to the alternatives provided in this section, the parole authority may, as an alternative to ordering a revoked parolee returned to custody, suspend the period of revocation pending the parolee’s successful completion of parole programs or services assigned by the parole authority. (3) The department shall not establish a special condition of parole, assigning a parolee to parole programs or services in lieu of initiating revocation proceedings, if the department reasonably believes that the violation of the condition of parole involves commission of a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, or involves the control or use of a firearm. (f) A special condition of parole imposed pursuant to this section to participate in residential programs shall not be established without a hearing by the parole authority in accordance with Section 3068 and regulations of the parole authority. A special condition of parole providing an assignment to a parole program or service that does not consist of a residential component may be established without a hearing. (g) Expansion of parole programs or services pursuant to this section by the department is subject to the appropriation of funding for this purpose as provided in the Budget Act of 2007, and subsequent budget acts. (h) The department, in consultation with the Legislative Analyst’s Office, shall, contingent upon funding, conduct an evaluation regarding the effect of parole programs or services on public safety, parolee recidivism, and prison and parole costs and report the results to the Legislature three years after funding is provided pursuant to subdivision (g). Until that date, the department shall report annually to the Legislature, beginning January 1, 2009, regarding the status of the expansion of parole programs or services and the number of offenders assigned and participating in parole programs or services in the preceding fiscal year. (Added by Stats. 2007, Ch. 645, Sec. 1. Effective January 1, 2008.)
  74. 30600.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    It is a felony to manufacture, distribute, transport, import, sell, offer, give, or lend an assault weapon or .50 BMG rifle in this state, except as allowed by 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30600. (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years. (b) In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year. (c) Except in the case of a first violation involving not more than two firearms as provided in Sections 30605 and 30610, for purposes of this article, if more than one assault weapon or .50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each. (Amended by Stats. 2011, Ch. 15, Sec. 549. (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.)
  75. 30605.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who possesses an assault weapon in this state is subject to criminal punishment, unless a chapter 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30605. (a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and the person meets all of the following conditions: (1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon. (2) The person has not previously been convicted of a violation of this article. (3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to Section 30900. (4) The person relinquished the firearm pursuant to Section 31100, in which case the assault weapon shall be destroyed pursuant to Sections 18000 and 18005. (Amended by Stats. 2011, Ch. 15, Sec. 550. (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.)
  76. 30610.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who possesses a .50 BMG rifle within this state is subject to punishment, unless an exception in the chapter 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30610. (a) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment. (b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30905 and the person satisfies all of the following conditions: (1) The person proves that he or she lawfully possessed the .50 BMG rifle prior to January 1, 2005. (2) The person has not previously been convicted of a violation of this article. (3) The person was found to be in possession of the .50 BMG rifle within one year following the end of the .50 BMG rifle registration period established pursuant to Section 30905. (c) Firearms seized pursuant to this section from persons who meet all of the conditions in paragraphs (1), (2), and (3) of subdivision (b) shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the .50 BMG rifle should be destroyed pursuant to Sections 18000 and 18005. Firearms seized from persons who do not meet the conditions set forth in paragraphs (1), (2), and (3) of subdivision (b) shall be destroyed pursuant to Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  77. 30615.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who commits another crime while violating this article may get an extra one-year consecutive punishment, despite Section 654 or other law.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30615. Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this article may receive an additional, consecutive punishment of one year for violating this article, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  78. 3062.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Governor may revoke a prisoner’s parole and may issue written authority for a peace officer to retake and return the prisoner to state prison.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3062. The Governor of the state shall have like power to revoke the parole of any prisoner. The written authority of the Governor shall likewise be sufficient to authorize any peace officer to retake and return any prisoner to the state prison. The Governor’s written order revoking the parole shall have the same force and effect and be executed in like manner as the order of the parole authority. (Amended by Stats. 1992, Ch. 695, Sec. 18. Effective September 15, 1992.)
  79. 30620.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines the date a firearm becomes an assault weapon as the earliest of three listed dates.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30620. As used in this chapter, the date a firearm is an assault weapon is the earliest of the following: (a) The effective date of an amendment to Section 30510 or to former Section 12276 that adds the designation of the specified firearm. (b) The effective date of the list promulgated pursuant to former Section 12276.5, as that section read in Section 3 of Chapter 954 of the Statutes of 1991, which adds or changes the designation of the specified firearm. (c) January 1, 2000, which was the operative date of former Section 12276.1, as enacted by Section 7 of Chapter 129 of the Statutes of 1999. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  80. 30625.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain government and law-enforcement agencies are exempt from sections 30600, 30605, and 30610 when handling assault weapons or .50 BMG rifles for official duties.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30625. Sections 30600, 30605, and 30610 do not apply to the sale of an assault weapon or .50 BMG rifle to, or the purchase, importation, or possession of an assault weapon or a .50 BMG rifle by, the Department of Justice, police departments, sheriffs’ offices, marshals’ offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, district attorneys’ offices, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Cannabis Control, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties. (Amended by Stats. 2021, Ch. 70, Sec. 108. (AB 141) Effective July 12, 2021.)
  81. 3063.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A parole may not be suspended or revoked unless there is cause, and the order must state that 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3063. No parole shall be suspended or revoked without cause, which cause must be stated in the order suspending or revoking the parole. (Added by Stats. 1941, Ch. 106.)
  82. 3063.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Parole generally cannot be suspended or revoked for a nonviolent drug possession offense or a drug-related parole violation, but the parole authority must require drug treatment and the correctional agency has specific notice, hearing, and revocation 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 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3063.1. (a) Notwithstanding any other provision of law, and except as provided in subdivision (d), parole shall not be suspended or revoked for commission of a nonviolent drug possession offense or for violating any drug-related condition of parole. As an additional condition of parole for all such offenses or violations, the Parole Authority shall require participation in and completion of an appropriate drug treatment program. Vocational training, family counseling and literacy training may be imposed as additional parole conditions. The Parole Authority may require any person on parole who commits a nonviolent drug possession offense or violates any drug-related condition of parole, and who is reasonably able to do so, to contribute to the cost of his or her own placement in a drug treatment program. (b) Subdivision (a) does not apply to: (1) Any parolee who has been convicted of one or more serious or violent felonies in violation of subdivision (c) of Section 667.5 or Section 1192.7. (2) A parolee who, while on parole, commits one or more nonviolent drug possession offenses and is found to have concurrently committed a misdemeanor not related to the use of drugs or any felony. (3) A parolee who refuses drug treatment as a condition of parole. (c) Within seven days of a finding that the parolee has either committed a nonviolent drug possession offense or violated any drug-related condition of parole, the Department of Corrections and Rehabilitation, Division of Adult Parole Operations shall notify the treatment provider designated to provide drug treatment under subdivision (a). Within 30 days thereafter the treatment provider shall prepare an individualized drug treatment plan and forward it to the Parole Authority and to the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations agent responsible for supervising the parolee. On a quarterly basis after the parolee begins drug treatment, the treatment provider shall prepare and forward a progress report on the individual parolee to these entities and individuals. (1) If at any point during the course of drug treatment the treatment provider notifies the Department of Corrections and Rehabilitation, Division of Adult Parole Operations that the parolee is unamenable to the drug treatment provided, but amenable to other drug treatments or related programs, the Department of Corrections and Rehabilitation, Division of Adult Parole Operations may act to modify the terms of parole to ensure that the parolee receives the alternative drug treatment or program. (2) If at any point during the course of drug treatment the treatment provider notifies the Department of Corrections and Rehabilitation, Division of Adult Parole Operations that the parolee is unamenable to the drug treatment provided and all other forms of drug treatment provided pursuant to subdivision (b) of Section 1210 and the amenability factors described in subparagraph (B) of paragraph (3) of subdivision (f) of Section 1210.1, the Department of Corrections and Rehabilitation, Division of Adult Parole Operations may act to revoke parole. At the revocation hearing, parole may be revoked if it is proved that the parolee is unamenable to all drug treatment. (3) Drug treatment services provided by subdivision (a) as a required condition of parole may not exceed 12 months, unless the Department of Corrections and Rehabilitation, Division of Adult Parole Operations makes a finding supported by the record that the continuation of treatment services beyond 12 months is necessary for drug treatment to be successful. If that finding is made, the Department of Corrections and Rehabilitation, Division of Adult Parole Operations may order up to two six-month extensions of treatment services. The provision of treatment services under this act shall not exceed 24 months. (d) (1) If parole is revoked pursuant to the provisions of this subdivision, the defendant may be incarcerated pursuant to otherwise applicable law without regard to the provisions of this section. Parole shall be revoked if the parole violation is proved and a preponderance of the evidence establishes that the parolee poses a danger to the safety of others. (2) If a parolee receives drug treatment under subdivision (a), and during the course of drug treatment violates parole either by committing an offense other than a nonviolent drug possession offense, or by violating a non-drug-related condition of parole, and the Department of Corrections and Rehabilitation, Division of Adult Parole Operations acts to revoke parole, a hearing shall be conducted to determine whether parole shall be revoked. Parole may be modified or revoked if the parole violation is proved. (3) (A) If a parolee receives drug treatment under subdivision (a), and during the course of drug treatment violates parole either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in subdivision (d) of Section 1210, or by violating a drug-related condition of parole, and the Department of Corrections and Rehabilitation, Division of Adult Parole Operations acts to revoke parole, a hearing shall be conducted to determine whether parole shall be revoked. Parole shall be revoked if the parole violation is proved and a preponderance of the evidence establishes that the parolee poses a danger to the safety of others. If parole is not revoked, the conditions of parole may be intensified to achieve the goals of drug treatment. (B) If a parolee receives drug treatment under subdivision (a), and during the course of drug treatment for the second time violates that parole either by committing a nonviolent drug possession offense, or by violating a drug-related condition of parole, and the Department of Corrections and Rehabilitation, Division of Adult Parole Operations acts for a second time to revoke parole, a hearing shall be conducted to determine whether parole shall be revoked. If the alleged parole violation is proved, the parolee is not eligible for continued parole under any provision of this section and may be reincarcerated. (C) If a parolee already on parole at the effective date of this act violates that parole either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in paragraph (1) of subdivision (d) of Section 1210, or by violating a drug-related condition of parole, and the Department of Corrections and Rehabilitation, Division of Adult Parole Operations acts to revoke parole, a hearing shall be conducted to determine whether parole shall be revoked. Parole shall be revoked if the parole violation is proved and a preponderance of the evidence establishes that the parolee poses a danger to the safety of others. If parole is not revoked, the conditions of parole may be modified to include participation in a drug treatment program as provided in subdivision (a). This paragraph does not apply to any parolee who at the effective date of this act has been convicted of one or more serious or violent felonies in violation of subdivision (c) of Section 667.5 or Section 1192.7. (D) If a parolee already on parole at the effective date of this act violates that parole for the second time either by committing a nonviolent drug possession offense, or by violating a drug-related condition of parole, and the parole authority acts for a second time to revoke parole, a hearing shall be conducted to determine whether parole shall be revoked. If the alleged parole violation is proved, the parolee may be reincarcerated or the conditions of parole may be intensified to achieve the goals of drug treatment. (e) The term “drug-related condition of parole” shall include a parolee’s specific drug treatment regimen, and, if ordered by the Department of Corrections and Rehabilitation, Division of Adult Parole Operations pursuant to this section, employment, vocational training, educational programs, psychological counseling, and family counseling. (Amended by Stats. 2015, Ch. 303, Sec. 398. (AB 731) Effective January 1, 2016. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
  83. 3063.2.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    If a parolee was ordered to drug treatment as a parole condition, drug testing must be used as part of treatment, and its results cannot be treated as more important than other parts of the treatment program.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3063.2. In a case where a parolee had been ordered to undergo drug treatment as a condition of parole pursuant to Section 3063.1, any drug testing of the parolee shall be used as a treatment tool. In evaluating a parolee’s treatment program, results of any drug testing shall be given no greater weight than any other aspects of the parolee’s individual treatment program. (Added by Stats. 2001, Ch. 721, Sec. 6. Effective October 11, 2001.)
  84. 3063.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    In parole revocation or revocation extension proceedings, the parolee or the parolee’s attorney is entitled to a copy of specified police, arrest, crime, criminal history, and child abuse reports.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3063.5. In parole revocation or revocation extension proceedings, a parolee or his or her attorney shall receive a copy of any police, arrest, and crime reports, criminal history information, and child abuse reports made pursuant to Sections 11166 and 11166.2 pertaining to those proceedings. Portions of those reports containing confidential information need not be disclosed if the parolee or his or her attorney has been notified that confidential information has not been disclosed. Portions of child abuse reports made pursuant to Sections 11166 and 11166.2 containing identifying information relating to the reporter shall not be disclosed. However, the parolee or his or her attorney shall be notified that information relating to the identity of the reporter has not been disclosed. (Amended by Stats. 2005, Ch. 99, Sec. 1. Effective July 21, 2005.)
  85. 3063.6.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Parole revocation and parole revocation extension proceedings may be conducted by a one-person panel.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3063.6. Parole revocation proceedings and parole revocation extension proceedings may be conducted by a panel of one person. (Amended by Stats. 1992, Ch. 695, Sec. 19. Effective September 15, 1992.)
  86. 30630.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain peace officers and federal law enforcement members from assault-weapon and .50 BMG rifle prohibitions, if they are authorized and meet any registration rules.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30630. (a) Sections 30605 and 30610 shall not prohibit the possession or use of assault weapons or a .50 BMG rifle by sworn peace officer members of those agencies specified in Section 30625 for law enforcement purposes, whether on or off duty. (b) (1) Sections 30600, 30605, and 30610 shall not prohibit the sale, delivery, or transfer of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of an agency specified in Section 30625 if the peace officer is authorized by the officer’s employer to possess or receive the assault weapon or the .50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing that person to receive or possess the specific assault weapon. (2) For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon on or before April 1, 2002, pursuant to former Section 12285, as it read at any time from when it was enacted by Section 3 of Chapter 19 of the Statutes of 1989, to and including when it was amended by Section 9 of Chapter 129 of the Statutes of 1999. In the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall, not later than 90 days after possession or receipt, register the assault weapon pursuant to Article 5 (commencing with Section 30900), or pursuant to former Section 12285, as it read at any time from when it was amended by Section 9 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010. In the case of a peace officer who possesses or receives a .50 BMG rifle on or before January 1, 2005, the officer shall register the .50 BMG rifle on or before April 30, 2006. In the case of a peace officer who possesses or receives a .50 BMG rifle after January 1, 2005, the officer shall register the .50 BMG rifle not later than one year after possession or receipt. (3) With the registration, the peace officer shall include a copy of the authorization required pursuant to this subdivision. (c) Nothing in this article shall be construed to limit or prohibit the sale, delivery, or transfer of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the assault weapon or .50 BMG rifle. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  87. 30631.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Sections 30600 and 30605 do not apply to certain assault-weapon loans or possession during approved firearms training if the enrollee is supervised and specific requirements are 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor, if the following requirements are met: (a) The loaned assault weapon does not leave the training facility. (b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following: (1) A police department or sheriff’s office. (2) A marshal’s office. (3) The Department of Justice. (4) The Department of the California Highway Patrol. (5) The Department of Fish and Wildlife. (Added by Stats. 2023, Ch. 235, Sec. 1. (AB 355) Effective January 1, 2024.)
  88. 30635.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30605 does not apply to certain assault-weapon possession during specified post-classification periods if all listed conditions are 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30635. Section 30605 shall not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to former Section 12276.5, as that section read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, or during the one-year period after the date it was defined as an assault weapon pursuant to former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, if all of the following are applicable: (a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 to register the particular assault weapon. (b) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to former Section 12276.1. (c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  89. 3064.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    If a prisoner's parole is suspended or revoked, the prisoner is treated as an escapee and fugitive from justice until return to custody, and that time does not count toward the prison term.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3064. From and after the suspension or revocation of the parole of any prisoner and until his return to custody he is an escapee and fugitive from justice and no part of the time during which he is an escapee and fugitive from justice shall be part of his term. (Amended by Stats. 1980, Ch. 676, Sec. 255.)
  90. 30640.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30610 does not apply to certain possession of a .50 BMG rifle before May 1, 2006 if listed conditions are 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30640. Section 30610 shall not apply to the possession of a .50 BMG rifle, which was not defined or specified as an assault weapon pursuant to the then-applicable version of the former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 that was added to this code by Section 3 of Chapter 19 of the Statutes of 1989, by any person prior to May 1, 2006, if all of the following are applicable: (a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 to register that .50 BMG rifle. (b) The person lawfully possessed the .50 BMG rifle prior to January 1, 2005. (c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  91. 30645.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person with a permit under Section 31005 is exempt from certain sections when manufacturing assault weapons or .50 BMG rifles for sale to specified recipients.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30645. Sections 30600, 30605, and 30610 shall not apply to the manufacture by any person who is issued a permit pursuant to Section 31005 of assault weapons or .50 BMG rifles for sale to the following: (a) Exempt entities listed in Section 30625. (b) Entities and persons who have been issued permits pursuant to Section 31000 or 31005. (c) Federal military and law enforcement agencies. (d) Law enforcement and military agencies of other states. (e) Foreign governments and agencies approved by the United States State Department. (f) Entities outside the state who have, in effect, a federal firearms dealer’s license solely for the purpose of distribution to an entity listed in subdivisions (c) to (e), inclusive. (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. 3065.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section says Article 3’s parole provisions apply to prisoners in state prisons, subject to the stated 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3065. Except as otherwise provided in Section 1170.2 and Article 1 (commencing with Section 3000) of this chapter, the provisions of this article are to apply to all prisoners serving sentence in the state prisons on July 1, 1977, to the end that at all times the same provisions relating to sentence, imprisonments and paroles of prisoners shall apply to all the inmates thereof. (Amended by Stats. 1977, Ch. 2.)
  93. 30650.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain permit holders from three assault-weapon rules when selling to listed recipients.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30650. Sections 30600, 30605, and 30610 shall not apply to the sale of assault weapons or .50 BMG rifles by persons who are issued permits pursuant to Section 31005 to any of the following: (a) Exempt entities listed in Section 30625. (b) Entities and persons who have been issued permits pursuant to Section 31000 or 31005. (c) Federal military and law enforcement agencies. (d) Law enforcement and military agencies of other states. (e) Foreign governments and agencies approved by the United States State Department. (f) Officers described in Section 30630 who are authorized to possess assault weapons or .50 BMG rifles pursuant to Section 30630. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  94. 30655.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain executors or administrators of estates from some assault-weapon and .50 BMG rifle restrictions when the estate property meets specified registration or possession conditions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30655. (a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter. (b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or .50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  95. 3066.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Chapter 4.5 of the Government Code does not apply to certain parole hearings or other inmate/parolee adjudications handled by the Department of Corrections and Rehabilitation or the Board of Parole Hearings.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3066. Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a parole hearing or other adjudication concerning rights of an inmate or parolee conducted by the Department of Corrections and Rehabilitation or the Board of Parole Hearings. (Amended by Stats. 2023, Ch. 311, Sec. 19. (SB 883) Effective January 1, 2024.)
  96. 30660.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain lending of a lawfully possessed and registered assault weapon or .50 BMG rifle from some related offenses if specific conditions are 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30660. (a) Section 30600 shall not apply to a person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another person, if all the following requirements are satisfied: (1) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) The person to whom the assault weapon or .50 BMG rifle is lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle. (3) The assault weapon or .50 BMG rifle is possessed at any of the following locations: (A) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (B) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (C) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (b) Section 30600 shall not apply to the return of an assault weapon or .50 BMG rifle to the registered possessor, or the lawful possessor, which is lent by that registered or lawful possessor pursuant to subdivision (a). (c) Sections 30605 and 30610 shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (a). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  97. 30665.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain nonresidents from specified firearm possession and importation restrictions when they are traveling to or from an organized competitive match or league competition and meet listed conditions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30665. Sections 30600, 30605, and 30610 shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met: (a) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle. (b) The competition or match is conducted on the premises of one of the following: (1) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (2) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets. (c) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (d) The assault weapon or .50 BMG rifle is transported in accordance with Section 25610 or Article 3 (commencing with Section 25505) of Chapter 2 of Division 5. (e) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of 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. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  98. 3067.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain parole-eligible inmates must be told about the terms and conditions of release, including release date, supervision period, and possible search, seizure, or incarceration consequences.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3067. (a) Any inmate who is eligible for release on parole pursuant to this chapter or postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 shall be given notice that he or she is subject to terms and conditions of his or her release from prison. (b) The notice shall include all of the following: (1) The person’s release date and the maximum period the person may be subject to supervision under this title. (2) An advisement that if the person violates any law or violates any condition of his or her release that he or she may be incarcerated in a county jail or, if previously paroled pursuant to Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000, returned to state prison, regardless of whether new charges are filed. (3) An advisement that he or she is subject to search or seizure by a probation or parole officer or other peace officer at any time of the day or night, with or without a search warrant or with or without cause. (c) This section shall only apply to an inmate who is eligible for release on parole for an offense committed on or after January 1, 1997. (d) It is not the intent of the Legislature to authorize law enforcement officers to conduct searches for the sole purpose of harassment. (e) This section does not affect the power of the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations pursuant to Section 5058. (Amended by Stats. 2012, Ch. 43, Sec. 49. (SB 1023) Effective June 27, 2012.)
  99. 30670.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30600 does not apply to certain firearm importations by registered owners, and it also does not apply for a limited time to some people who already lawfully possessed a .50 BMG rifle in California before 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30670. (a) Section 30600 shall not apply to the importation into this state of an assault weapon or a .50 BMG rifle by the registered owner of that assault weapon or a .50 BMG rifle if it is in accordance with the provisions of Section 30945. (b) Section 30600 shall not apply during the first 180 days of the 2005 calendar year to the importation into this state of a .50 BMG rifle by a person who lawfully possessed that .50 BMG rifle in this state prior to 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.)
  100. 30675.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 30675 says certain firearm-related sections do not apply to people who are acting under specified permit, registration, or article provisions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30675. (a) Sections 30605 and 30610 shall not apply to any of the following persons: (1) A person acting in accordance with Section 31000 or 31005. (2) A person who has a permit to possess an assault weapon or a .50 BMG rifle issued pursuant to Section 31000 or 31005 when that person is acting in accordance with Section 31000 or 31005 or Article 5 (commencing with Section 30900). (b) Sections 30600, 30605, and 30610 shall not apply to any of the following persons: (1) A person acting in accordance with Article 5 (commencing with Section 30900). (2) A person acting in accordance with Section 31000, 31005, 31050, or 31055. (c) Sections 30605 and 30610 shall not apply to the registered owner of an assault weapon or a .50 BMG rifle possessing that firearm in accordance with Section 30945. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  101. 3068.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Department of Corrections must run the Preventing Parolee Crime Program, may expand it under specified conditions, and must complete several evaluation and reporting steps. Parole authority may place some parolees in the program instead of revoking parole, but not for violent or serious felony parole 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3068. (a) The Department of Corrections shall operate the Preventing Parolee Crime Program with various components, including, at a minimum, residential and nonresidential multiservice centers, literacy labs, drug treatment networks, and job placement assistance for parolees. (b) The Department of Corrections shall, commencing in the 1998–99 fiscal year, initiate an expansion of the program to parole units now lacking some or all of the elements of the program, where doing so would be cost-effective, as determined by the Director of Corrections, to the extent that funding for the expansion becomes available. (c) In addition to the assignment by the Department of Corrections of any other parolee to the Preventing Parolee Crime Program, the parole authority may assign a conditionally released or paroled prisoner to the Preventing Parolee Crime Program in lieu of the revocation of parole. The parole authority shall not assign a conditionally released or paroled prisoner to the Preventing Parolee Crime Program in lieu of the revocation of parole if the person has committed a parole violation involving a violent or serious felony. A special condition of parole that requires the parolee to participate in a live-in program shall not be imposed without a hearing by the Board of Prison Terms. (d) (1) The Department of Corrections, in consultation with the Board of Prison Terms and the Legislative Analyst’s office, shall, contingent upon funding, contract with an independent consultant to conduct an evaluation regarding the impact of an expansion of the Preventing Parolee Crime Program to additional parole units on public safety, parolee recidivism, and prison and parole costs, and report the results to the Legislature on or before January 1, 2004. (2) The Department of Corrections shall sample several parole units in which the program has been added to examine the program’s impact upon the supervision, control, and sanction of parolees under the jurisdiction of the sampled parole units. These results shall be compared with a control group of comparable parole populations that do not have Preventing Parolee Crime Program services. (3) The report, whether in final or draft form, and all working papers and data, shall be available for immediate review upon request by the Legislative Analyst. (4) The department in consultation with the Board of Prison Terms shall submit a multiyear evaluation plan for the program to the Legislature six months after an appropriation is made for the evaluation provided for in paragraph (1). (Added by Stats. 1998, Ch. 526, Sec. 2. Effective September 16, 1998.)
  102. 30685.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain people who already possessed specified assault weapons before September 1, 2020 are exempt from Section 30605 if they meet listed conditions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles [30600 - 30685] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30685. Section 30605 does not apply to the possession of an assault weapon as defined by paragraph (9), (10), or (11) of subdivision (a) of Section 30515 by a person who has possessed the assault weapon prior to September 1, 2020, if all of the following are applicable: (a) Prior to September 1, 2020, the person would have been eligible to register that assault weapon pursuant to subdivision (c) of Section 30900. (b) The person lawfully possessed that assault weapon prior to September 1, 2020. (c) The person registers the assault weapon by January 1, 2022, in accordance with subdivision (c) of Section 30900. (Added by Stats. 2020, Ch. 29, Sec. 39. (SB 118) Effective August 6, 2020.)
  103. 3069.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    This section lets the Department of Corrections and Rehabilitation create and run the PVIS program for certain parole violations, and sets referral, admission, and exclusion rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3069. (a) The Department of Corrections and Rehabilitation is hereby authorized to create the Parole Violation Intermediate Sanctions (PVIS) program. The purpose of the program shall be to improve the rehabilitation of parolees, reduce recidivism, reduce prison overcrowding, and improve public safety through the use of intermediate sanctions for offenders who violate parole. The PVIS program will allow the department to provide parole agents an early opportunity to intervene with parolees who are not in compliance with the conditions of parole and facing return to prison. The program will include key components used by drug and collaborative courts under a highly structured model, including close supervision and monitoring by a hearing officer, dedicated calendars, nonadversarial proceedings, frequent appearances before the hearing officer, utilization of incentives and sanctions, frequent drug and alcohol testing, immediate entry into treatment and rehabilitation programs, and close collaboration between the program, parole, and treatment to improve offender outcomes. The program shall be local and community based. (b) As used in this section: (1) “Department” means the Department of Corrections and Rehabilitation. (2) “Parole authority” means the Board of Parole Hearings. (3) “Program” means the Parole Violation Intermediate Sanctions program. (c) (1) A parolee who is deemed eligible by the department to participate in this program, and who would otherwise be referred to the parole authority to have his or her parole revoked for a parole violation shall be referred by his or her parole officer for participation in the program in lieu of parole revocation. (2) If the alleged violation of parole involves the commission of a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, or involves the control or use of a firearm, the parolee shall not be eligible for referral to the program in lieu of revocation of parole. (d) The department is authorized to establish local PVIS programs. Each local program may have, but shall not be limited to, the following characteristics: (1) An assigned hearing officer who is a retired superior court judge or commissioner and who is experienced in using the drug court model and collaborative court model. (2) The use of a dedicated calendar. (3) Close coordination between the hearing officer, department, counsel, community treatment and rehabilitation programs participating in the program and adherence to a team approach in working with parolees. (4) Enhanced accountability through the use of frequent program appearances by parolees in the program, at least one per month, with more frequent appearances in the time period immediately following the initial referral to the program and thereafter in the discretion of the hearing officer. (5) Reviews of progress by the parolee as to his or her treatment and rehabilitation plan and abstinence from the use of drugs and alcohol through progress reports provided by the parole agent as well as all treatment and rehabilitation providers. (6) Mandatory frequent drug and alcohol testing. (7) Graduated in-custody sanctions may be imposed after a hearing in which it is found the parolee failed treatment and rehabilitation programs or continued in the use of drugs or alcohol while in the program. (8) A problemsolving focus and team approach to decisionmaking. (9) Direct interaction between the parolee and the hearing officer. (10) Accessibility of the hearing officer to parole agents and parole employees as well as treatment and rehabilitation providers. (e) Upon successful completion of the program, the parolee shall continue on parole, or be granted other relief as shall be determined in the sole discretion of the department or as authorized by law. (f) The department is authorized to develop the programs. The parole authority is directed to convene in each county where the programs are selected to be established, all local stakeholders, including, but not limited to, a retired superior court judge or commissioner, designated by the Administrative Office of the Courts, who shall be compensated by the department at the present rate of pay for retired judges and commissioners, local parole agents and other parole employees, the district attorney, the public defender, an attorney actively representing parolees in the county and a private defense attorney designated by the public defenders association, the county director of alcohol and drug services, behavioral health, mental health, and any other local stakeholders deemed appropriate. Specifically, persons directly involved in the areas of substance abuse treatment, cognitive skills development, education, life skills, vocational training and support, victim impact awareness, anger management, family reunification, counseling, residential care, placement in affordable housing, employment development and placement are encouraged to be included in the meeting. (g) The department, in consultation with local stakeholders, shall develop a plan that is consistent with this section. The plan shall address at a minimum the following components: (1) The method by which each parolee eligible for the program shall be referred to the program. (2) The method by which each parolee is to be individually assessed as to his or her treatment and rehabilitative needs and level of community and court monitoring required, participation of counsel, and the development of a treatment and rehabilitation plan for each parolee. (3) The specific treatment and rehabilitation programs that will be made available to the parolees and the process to ensure that they receive the appropriate level of treatment and rehabilitative services. (4) The criteria for continuing participation in, and successful completion of, the program, as well as the criteria for termination from the program and return to the parole revocation process. (5) The development of a program team, as well as a plan for ongoing training in utilizing the drug court and collaborative court nonadversarial model. (h) (1) If a parolee is referred to the program by his or her parole agent, as specified in this section, the hearing officer in charge of the local program to which the parolee is referred shall determine whether the parolee will be admitted to the program. (2) A parolee may be excluded from admission to the program if the hearing officer determines that the parolee poses a risk to the community or would not benefit from the program. The hearing officer may consider the history of the offender, the nature of the committing offense, and the nature of the violation. The hearing officer shall state its findings, and the reasons for those findings, on the record. (3) If the hearing officer agrees to admit the parolee into the program, any pending parole revocation proceedings shall be suspended contingent upon successful completion of the program as determined by the program hearing officer. (i) A special condition of parole imposed as a condition of admission into the program consisting of a residential program shall not be established without a hearing in front of the hearing officer in accordance with Section 3068 and regulations of the parole authority. A special condition of parole providing an admission to the program that does not consist of a residential component may be established without a hearing. (j) Implementation of this section by the department is subject to the appropriation of funding for this purpose as provided in the Budget Act of 2008, and subsequent budget acts. (Added by Stats. 2007, Ch. 645, Sec. 2. Effective January 1, 2008.)
  104. 3069.5.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The department must evaluate the PVIS program and report to the Legislature, including a final report and annual status reports, subject to funding and timing rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3069.5. (a) The department, in consultation with the Legislative Analyst’s Office, shall, contingent upon funding, conduct an evaluation of the PVIS program. (b) A final report shall be due to the Legislature three years after funding is provided pursuant to subdivision (h) of Section 3069. Until that date, the department shall report annually to the Legislature, beginning January 1, 2009, regarding the status of implementation of the PVIS program and the number of offenders assigned and participating in the program in the preceding fiscal year. (Added by Stats. 2007, Ch. 645, Sec. 3. Effective January 1, 2008.)
  105. 307.

    ## 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. )

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    It is a misdemeanor to sell, give, or otherwise furnish alcohol-containing candy, cake, cookie, or chewing gum to a person under 21.

    ## 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. ) ## 307. Every person, firm, or corporation which sells or gives or in any way furnishes to another person, who is in fact under the age of 21 years, any candy, cake, cookie, or chewing gum which contains alcohol in excess of 1/2 of 1 percent by weight, is guilty of a misdemeanor. (Amended by Stats. 1985, Ch. 934, Sec. 4.)
  106. 3070.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections must prepare and report a treatment plan for substance-abusing prisoners and parolees.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3070. The Department of Corrections shall develop and report, utilizing existing resources, to the Legislature by December 31, 2000, a plan that would ensure by January 1, 2005, that all prisoners and parolees who are substance abusers receive appropriate treatment, including therapeutic community and academic programs. The plan shall include a range of options, estimated capital outlay and operating costs for the various options, and a recommended prioritization, including which persons shall receive priority for treatment, for phased implementation of the plan. (Added by Stats. 1998, Ch. 526, Sec. 3. Effective September 16, 1998.)
  107. 3071.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections must create a training course for parole officers in California about managing parolees convicted of stalking.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3071. The Department of Corrections shall implement, by January 1, 2002, a course of instruction for the training of parole officers in California in the management of parolees who were convicted of stalking pursuant to Section 646.9. The course shall include instruction in the appropriate protocol for notifying and interacting with stalking victims, especially in regard to a stalking offender’s release from parole. (Added by Stats. 2000, Ch. 564, Sec. 1. Effective January 1, 2001.)
  108. 30710.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines which firearms count as an “SKS rifle” for 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30710. Notwithstanding paragraph (11) of subdivision (a) of Section 30510, an “SKS rifle” under this article means all SKS rifles commonly referred to as “SKS Sporter” versions, manufactured to accept a detachable AK-47 magazine and imported into this state and sold by a licensed gun dealer, or otherwise lawfully possessed in this state by a resident of this state who is not a licensed gun dealer, between January 1, 1992, and December 19, 1997. (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. 30715.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain people and businesses connected to SKS rifles in California during 1992–1997 are immune from criminal prosecution, and covered rifles are not subject to seizure before January 1, 2000.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30715. (a) (1) Any person who, or firm, company, or corporation that operated a retail or other commercial firm, company, or corporation, and manufactured, distributed, transported, imported, possessed, possessed for sale, offered for sale, or transferred, for commercial purpose, an SKS rifle in California between January 1, 1992, and December 19, 1997, shall be immune from criminal prosecution under Article 2 (commencing with Section 30600) or former Section 12280. (2) The immunity provided in this subdivision shall apply retroactively to any person who, or firm, company, or corporation that, is or was charged by complaint or indictment with a violation of former Section 12280 for conduct related to an SKS rifle, whether or not the case of that person, firm, company, or corporation is final. (b) (1) Any person who possessed, gave, loaned, or transferred an SKS rifle in California between January 1, 1992, and December 19, 1997, shall be immune from criminal prosecution under Article 2 (commencing with Section 30600) or former Section 12280.(2) The immunity provided in this subdivision shall apply retroactively to any person who was charged by complaint or indictment with a violation of former Section 12280 for conduct related to an SKS rifle, whether or not the case of that person is final. (c) Any SKS rifle in the possession of any person who, or firm, company, or corporation that, is described in subdivision (a) or (b), shall not be subject to seizure by law enforcement for violation of Article 2 (commencing with Section 30600) or former Section 12280 prior to January 1, 2000. (d) Any person, firm, company, or corporation, convicted under former Section 12280 for conduct relating to an SKS rifle, shall be permitted to withdraw a plea of guilty or nolo contendere, or to reopen the case and assert the immunities provided in this article, if the court determines that the allowance of the immunity is in the interests of justice. The court shall interpret this article liberally to the benefit of the defendant. (e) For purposes of this section, “former Section 12280” refers to former Section 12280, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  110. 3072.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Department of Corrections and Rehabilitation may establish and run a specialized sex offender treatment pilot program, subject to funding and several eligibility rules. The provision also requires program design, participant limits, and a later evaluation report.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3072. (a) The Department of Corrections and Rehabilitation, subject to the legislative appropriation of the necessary funds, may establish and operate, after January 1, 2007, a specialized sex offender treatment pilot program for inmates whom the department determines pose a high risk to the public of committing violent sex crimes. (b) (1) The program shall be based upon the relapse prevention model and shall include referral to specialized services, such as substance abuse treatment, for offenders needing those specialized services. (2) Except as otherwise required under Section 645, the department may provide medication treatments for selected offenders, as determined by medical protocols, and only on a voluntary basis and with the offender’s informed consent. (c) (1) The program shall be targeted primarily at adult sex offenders who meet the following conditions: (A) The offender is within five years of being released on parole. An inmate serving a life term may be excluded from treatment until he or she receives a parole date and is within five years of that parole date, unless the department determines that the treatment is necessary for the public safety. (B) The offender has been clinically assessed. (C) A review of the offender’s criminal history indicates that the offender poses a high risk of committing new sex offenses upon his or her release on parole. (D) Based upon the clinical assessment, the offender may be amenable to treatment. (2) The department may include other appropriate offenders in the treatment program if doing so facilitates the effectiveness of the treatment program. (3) Notwithstanding any other provision of law, inmates who are condemned to death or sentenced to life without the possibility of parole are ineligible to participate in treatment. (d) The program under this section shall be established with the assistance and supervision of the staff of the department primarily by obtaining the services of specially trained sex offender treatment providers, as determined by the secretary of the department and the Director of State Hospitals. (e) (1) The program under this section, upon full implementation, shall provide for the treatment of inmates 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, pursuant to Sections 290.04 to 290.06, inclusive. (2) To the maximum extent that is practical and feasible, offenders participating in the treatment program shall be held in a separate area of the prison facility, segregated from any non-sex offenders held at the same prison, and treatment in the pilot program shall be provided in program space segregated, to the maximum extent that is practical and feasible, from program space for any non-sex offenders held at the same prison. (f) (1) The State Department of Mental Health, or its successor, the State Department of State Hospitals, by January 1, 2012, shall provide a report evaluating the program to the fiscal and public safety policy committees of both houses of the Legislature, and to the Joint Legislative Budget Committee. (2) The report shall initially evaluate whether the program under this section is operating effectively, is having a positive clinical effect on participating sex offenders, and is cost effective for the state. (3) In conducting its evaluation, the State Department of Mental Health, or its successor, the State Department of State Hospitals, shall consider the effects of treatment of offenders while in prison and while subsequently on parole. (4) The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall advise the Legislature as to whether the program should be continued past its expiration date, expanded, or concluded. (Amended by Stats. 2012, Ch. 24, Sec. 47. (AB 1470) Effective June 27, 2012.)
  111. 30720.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    People or entities possessing an SKS rifle had to choose one of the listed disposal options by January 1, 2000.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30720. (a) Any person, firm, company, or corporation that is in possession of an SKS rifle shall do one of the following on or before January 1, 2000: (1) Relinquish the SKS rifle to the Department of Justice pursuant to subdivision (h) of former Section 12281. (2) Relinquish the SKS rifle to a law enforcement agency pursuant to former Section 12288, as added by Section 3 of Chapter 19 of the Statutes of 1989. (3) Dispose of the SKS rifle as permitted by former Section 12285, as it read in Section 20 of Chapter 23 of the Statutes of 1994. (b) Any person who has obtained title to an SKS rifle by bequest or intestate succession shall be required to comply with paragraph (1) or (2) of subdivision (a) unless that person otherwise complies with paragraph (1) of subdivision (b) of former Section 12285, as it read in Section 20 of Chapter 23 of the Statutes of 1994, or as subsequently amended. (c) Any SKS rifle relinquished to the department pursuant to this section shall be in a manner prescribed by the department. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  112. 30725.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who complies with Section 30720 is exempt from the prohibitions in Sections 30600 and 30605 for acts tied to that compliance. Failing to comply with Section 30720 is a public offense punishable by imprisonment or county jail time of up to one 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30725. (a) Any person who complies with Section 30720 shall be exempt from the prohibitions set forth in Section 30600 or 30605 for those acts by that person associated with complying with the requirements of Section 30720. (b) Failure to comply with Section 30720 is a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail, not exceeding one year. (Amended by Stats. 2011, Ch. 15, Sec. 551. (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.)
  113. 3073.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Department of Corrections and Rehabilitation may obtain day treatment and contract for crisis care services for parolees with mental health problems, and must work with counties to do so.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3073. The Department of Corrections and Rehabilitation is hereby authorized to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems. Day treatment and crisis care services should be designed to reduce parolee recidivism and the chances that a parolee will return to prison. The department shall work with counties to obtain day treatment and crisis care services for parolees with the goal of extending the services upon completion of the offender’s period of parole, if needed. (Added by Stats. 2007, Ch. 7, Sec. 12. Effective May 3, 2007.)
  114. 3073.1.

    ## 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. )

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    Counties may contract with the Department of Corrections and Rehabilitation to obtain correctional clinical services for inmates with mental health problems on postrelease community supervision.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3. Paroles [3040 - 3073.1] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 3073.1. Counties are hereby authorized to contract with the Department of Corrections and Rehabilitation in order to obtain correctional clinical services for inmates with mental health problems who are released on postrelease community supervision with mental health problems. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 26. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  115. 30730.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department must buy qualifying relinquished SKS rifles, adopt purchase-program regulations, and adopt emergency regulations for the program. Certain people who turned over an SKS rifle before the program became effective may be reimbursed.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30730. (a) (1) The department shall purchase any SKS rifle relinquished pursuant to Section 30720 from funds appropriated for this purpose by the act amending former Section 12281 in the 1997–98 Regular Session of the Legislature or by subsequent budget acts or other legislation. (2) The department shall adopt regulations for this purchase program that include, but are not limited to, the manner of delivery, the reimbursement to be paid, and the manner in which persons shall be informed of the state purchase program. (3) Any person who relinquished possession of an SKS rifle to a law enforcement agency pursuant to any version of former Section 12288 prior to the effective date of the purchase program set forth in paragraph (1) shall be eligible to be reimbursed from the purchase program. The procedures for reimbursement pursuant to this paragraph shall be part of the regulations adopted by the department pursuant to paragraph (2). (b) In addition to the regulations required pursuant to subdivision (a), emergency regulations for the purchase program described in subdivision (a) shall be adopted pursuant to 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.)
  116. 30735.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must notify district attorneys, identify SKS-related prosecutions, and run a public education and notification program; district attorneys must then give written notice to defense counsel or self-represented defendants in identified 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. SKS Rifles [30710 - 30735] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30735. (a) The Department of Justice shall notify all district attorneys on or before January 31, 1999, of the provisions of former Section 12281. (b) The department shall identify all criminal prosecutions in the state for conduct related to SKS rifles on or before April 1, 1999. In all cases so identified by the Attorney General, the district attorneys shall inform defense counsel, or the defendant if the defendant is in propria persona, in writing, of the provisions of former Section 12281 on or before May 1, 1999. (c) Commencing no later than January 1, 1999, the department shall conduct a public education and notification program as described in Section 31115 or in former Section 12289, as added by Section 6 of Chapter 954 of the Statutes of 1991 or as subsequently amended. (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. 3074.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

    Verify source ↗

    The section says parole supervision and support services are important after incarceration, and that counties should provide supervision and counseling for parolees.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3074. The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for a county to provide for the supervision of parolees, and to provide educational, vocational, family and personal counseling necessary to assist parolees in the transition between imprisonment and discharge. (Added by Stats. 1978, Ch. 918.)
  118. 3075.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    Each county must have a board of parole commissioners, and the public member or alternate is entitled to expense reimbursement, possible per diem set by the board of supervisors, and a one-year term of office that cannot exceed three consecutive years.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3075. (a) There is in each county a board of parole commissioners, consisting of each of the following: (1) The sheriff, or his or her designee, or, in a county with a department of corrections, the director of that department. (2) The probation officer, or his or her designee. (3) A member, not a public official, to be selected from the public by the presiding judge of the superior court. (b) The public member of the county board of parole commissioners or his or her alternate shall be entitled to his or her actual traveling and other necessary expenses incurred in the discharge of his or her duties. In addition, the public member or his or her alternate shall be entitled to per diem at any rate that may be provided by the board of supervisors. The public member or his or her alternate shall hold office for a term of one year and in no event for a period exceeding three consecutive years. The term shall commence on the date of appointment. (Amended by Stats. 2003, Ch. 149, Sec. 77. Effective January 1, 2004.)
  119. 3076.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

    Verify source ↗

    The board may adopt and enforce parole rules, but it must do so at properly called meetings and must share the written rules with judges, correctional-facility managers, and prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3076. (a) The board may make, establish and enforce rules and regulations adopted under this article. (b) The board shall act at regularly called meetings at which two-thirds of the members are present, and shall make and establish rules and regulations in writing stating the reasons therefor under which any prisoner who is confined in or committed to any county jail, work furlough facility, industrial farm, or industrial road camp, or in any city jail, work furlough facility, industrial farm, or industrial road camp under a judgment of imprisonment or as a condition of probation for any criminal offense, unless the court at the time of committing has ordered that such prisoner confined as a condition of probation upon conviction of a felony not be granted parole, may be allowed to go upon parole outside of such jail, work furlough facility, industrial farm, or industrial road camp, but to remain, while on parole, in the legal custody and under the control of the board establishing the rules and regulations for the prisoner’s parole, and subject at any time to be taken back within the enclosure of any such jail, work furlough facility, industrial farm, or industrial road camp. (c) The board shall provide a complete copy of its written rules and regulations and reasons therefor and any amendments thereto to each of the judges of the superior court of the county. The board shall provide to the persons in charge of the county’s correctional facilities a copy of the sections of its written rules and regulations and any amendments thereto which govern eligibility for parole, and the name and telephone number of the person or agency to contact for additional information. Such rules and regulations governing eligibility either shall be conspicuously posted and maintained within each county correctional facility so that all prisoners have access to a copy, or shall be given to each prisoner. (Amended by Stats. 2002, Ch. 784, Sec. 559. Effective January 1, 2003.)
  120. 3077.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    If a prisoner is sentenced in one county but incarcerated in another, only the sentencing county may grant 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3077. Whenever a prisoner is sentenced in one county and incarcerated in another county, only the county in which he was sentenced shall have jurisdiction to grant parole. (Added by Stats. 1978, Ch. 918.)
  121. 3078.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

    Verify source ↗

    The board must notify the sentencing judge when an inmate applies for parole, and the board must carefully consider any recommendation the judge makes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3078. (a) The board shall notify the sentencing judge of an inmate’s application for parole. (b) The sentencing judge may make a recommendation regarding such application, and the board shall give careful consideration to such recommendation. (Repealed and added by Stats. 1978, Ch. 918.)
  122. 3079.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

    Verify source ↗

    Parole applications must be decided by the board in a meeting with a quorum, and applicants may appear and speak at the meeting when their application is considered.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3079. (a) No application for parole shall be granted or denied except by a vote of the board at a meeting at which a quorum of its members are present. This paragraph shall not be applied to the denial of applicants who are ineligible by order of the superior court, or to the granting of parole in emergency situations. (b) An applicant shall be permitted to appear and speak on his behalf at the meeting at which his application is considered by the board. (Repealed and added by Stats. 1978, Ch. 918.)
  123. 308.

    ## 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 ↗

    This section bars selling or giving tobacco-related products to people under 21, requires tobacco sellers to post a required notice, and sets fines and possible jail for violations.

    ## 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. ) ## 308. (a) (1) (A) (i) A person who knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third offense. (ii) A firm, corporation, business, retailer, or wholesaler that under the circumstances described in clause (i) sells, gives, or in any way furnishes to another person who is under 21 years of age a product specified in clause (i) is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of five hundred dollars ($500) for the first offense, one thousand dollars ($1,000) for the second offense, and five thousand dollars ($5,000) for any subsequent offense. (iii) This subparagraph does not apply to the sale, giving, or furnishing of any of the products specified in clause (i) to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. (B) Notwithstanding Section 1464 or any other law, 25 percent of each civil and criminal penalty collected pursuant to this subdivision shall be paid to the office of the city attorney, county counsel, or district attorney, whoever is responsible for bringing the successful action. (C) Proof that a defendant, or their employee or agent, demanded, was shown, and reasonably relied upon evidence of majority shall be a defense to any action brought pursuant to this subdivision. Evidence of majority of a person is a facsimile of, or a reasonable likeness of, a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the federal Military Selective Service Act (50 U.S.C. Sec. 3801 et seq.), or an identification card issued to a member of the Armed Forces. (D) For purposes of this section, the person liable for selling or furnishing tobacco products to persons under 21 years of age by a tobacco vending machine shall be the person authorizing the installation or placement of the tobacco vending machine upon premises they manage or otherwise control and under circumstances in which they have knowledge, or should otherwise have grounds for knowledge, that the tobacco vending machine will be utilized by persons under 21 years of age. (2) For purposes of this section, “blunt wraps” means cigar papers or cigar wrappers of all types that are designed for smoking or ingestion of tobacco products and contain less than 50 percent tobacco. (b) A person, firm, or corporation that sells, or deals in tobacco or any preparation of tobacco, shall post conspicuously and keep so posted in their place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business and Professions Code, and a person failing to do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars ($250) for the third offense, and five hundred dollars ($500) for the fourth offense and each subsequent violation of this provision, or by imprisonment in a county jail not exceeding 30 days. (c) For purposes of determining the liability of persons, firms, or corporations controlling franchises or business operations in multiple locations for the second and subsequent violations of this section, each individual franchise or business location shall be deemed a separate entity. (d) It is the Legislature’s intent to regulate the subject matter of this section. As a result, a city, county, or city and county shall not adopt any ordinance or regulation inconsistent with this section. (e) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (f) For purposes of this section, “tobacco products” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 371, Sec. 1. (AB 2021) Effective January 1, 2025.)
  124. 308.1.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    No person may sell, offer for sale, distribute, or import bidis or beedies unless the products are sold or intended to be sold in a business that bars people under 18 from the premises.

    ## 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. ) ## 308.1. (a) Notwithstanding any other law, no person shall sell, offer for sale, distribute, or import any tobacco product commonly referred to as “bidis” or “beedies,” unless that tobacco product is sold, offered for sale, or intended to be sold in a business establishment that prohibits the presence of persons under 18 years of age on its premises. (b) For purposes of this section, “bidis” or “beedies” means any of the following: (1) A product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra). (2) A product that is marketed and sold as “bidis” or “beedies.” (c) Any person who violates this section is guilty of a misdemeanor and is also subject to a civil action brought by the Attorney General, a city attorney, county counsel, or district attorney for an injunction and a civil penalty of up to two thousand dollars ($2,000) per violation. This subdivision does not affect any other remedies available for a violation of this section. (Amended by Stats. 2010, Ch. 265, Sec. 5. (AB 2496) Effective January 1, 2011.)
  125. 308.2.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    A person who sells one or more cigarettes must sell them in a sealed and properly labeled package, or the person commits an infraction.

    ## 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. ) ## 308.2. (a) Every person who sells one or more cigarettes, other than in a sealed and properly labeled package, is guilty of an infraction. (b) “A sealed and properly labeled package,” as used in this section, means the original packaging or sanitary wrapping of the manufacturer or importer which conforms to federal labeling requirements, including the federal warning label. (Added by Stats. 1991, Ch. 1231, Sec. 1.)
  126. 308.3.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    Certain sellers may not make, distribute, sell, or offer cigarettes or roll-your-own tobacco unless they are in packages meeting the minimum size requirements.

    ## 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. ) ## 308.3. (a) A person, firm, corporation, or business may not manufacture for sale, distribute, sell, or offer to sell any cigarette, except in a package containing at least 20 cigarettes. A person, firm, corporation, or business may not manufacture for sale, distribute, sell, or offer to sell any roll-your-own tobacco, except in a package containing at least 0.60 ounces of tobacco. (b) As used in subdivision (a), “cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of, or contains any of, the following: (1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco. (2) Tobacco, in any form, that is functional in the product, that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette. (3) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this subdivision. (c) Any person, firm, corporation, or business that violates this section is liable for an infraction, or in an action brought by the Attorney General, a district attorney, a county counsel, or a city attorney for a civil penalty of two hundred dollars ($200) for the first violation, five hundred dollars ($500) for the second violation, and one thousand dollars ($1,000) for each subsequent act constituting a violation. (Added by Stats. 2001, Ch. 376, Sec. 5. Effective January 1, 2002.)
  127. 308.5.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    Person or business may not sell or offer certain video games to the public or public establishments in California if the games are mainly for under-18 users and contain paid ads for alcohol or tobacco brands or products.

    ## 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. ) ## 308.5. (a) No person or business shall sell, lease, rent, or provide, or offer to sell, lease, rent, or otherwise offer to the public or to public establishments in this state, any video game intended for either private use or for use in a public establishment and intended primarily for use by any person under the age of 18 years, which contains, in its design and in the on-screen presentation of the video game, any paid commercial advertisement of alcoholic beverage or tobacco product containers or other forms of consumer packaging, particular brand names, trademarks, or copyrighted slogans of alcoholic beverages or tobacco products. (b) As used in this section, “video game” means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or a monitor, that interacts with the user of the device. (c) A violation of this section is a misdemeanor. (Added by Stats. 1990, Ch. 639, Sec. 2.)
  128. 3080.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    A paroled prisoner may not leave the county of imprisonment without permission from the parole board; if he does, he must be arrested and treated as an escaped prisoner.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3080. If any paroled prisoner leaves the county in which he is imprisoned without permission from the board granting his parole, he shall be arrested as an escaped prisoner and held as such. (Added by Stats. 1953, Ch. 1384.)
  129. 30800.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Assault Weapon or .50 BMG Rifle Constituting Nuisance [30800- 30800.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Assault weapons and .50 BMG rifles possessed in violation of the chapter are public nuisances, and specified officials and courts may seek civil enforcement, fines, and destruction.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Assault Weapon or .50 BMG Rifle Constituting Nuisance [30800- 30800.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30800. (a) (1) Except as provided in Article 2 (commencing with Section 30600), possession of any assault weapon or of any .50 BMG rifle in violation of this chapter is a public nuisance, solely for purposes of this section and subdivision (c) of Section 18005. (2) The Attorney General, any district attorney, or any city attorney, may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of an assault weapon or .50 BMG rifle that is a public nuisance. (b) (1) Upon motion of the Attorney General, district attorney, or city attorney, a superior court may impose a civil fine not to exceed five hundred dollars ($500) for the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, or lending of an assault weapon or .50 BMG rifle that is a public nuisance pursuant to subdivision (a) and up to two hundred dollars ($200) for each additional assault weapon or .50 BMG that is a public nuisance pursuant to subdivision (a). (2) Upon motion of the Attorney General, district attorney, or city attorney, a superior court may impose a civil fine not to exceed three hundred dollars ($300) for the possession of an assault weapon or .50 BMG rifle that is a public nuisance pursuant to subdivision (a) and up to one hundred dollars ($100) for each additional assault weapon or .50 BMG rifle possessed, that is a public nuisance pursuant to subdivision (a). (c) Any assault weapon or .50 BMG rifle deemed a public nuisance under subdivision (a) shall be destroyed in a manner so that it may no longer be used, except upon a finding by a court, or a declaration from the Department of Justice, district attorney, or city attorney stating that the preservation of the assault weapon or .50 BMG rifle is in the interest of justice. (d) Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon shall be deemed a public nuisance and disposed of pursuant to subdivision (c) of Section 18005. (Amended by Stats. 2019, Ch. 730, Sec. 7. (AB 879) Effective January 1, 2020.)
  130. 3081.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    County boards may retake and imprison paroled prisoners, release them on parole for up to three years, and their written orders must be carried out by specified peace officers.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3081. (a) Each county board may retake and imprison any prisoner upon parole granted under the provisions of this article. (b) Each county board may release any prisoner on parole for a term not to exceed three years upon those conditions and under those rules and regulations as may seem fit and proper for his or her rehabilitation, and should the prisoner so paroled violate any of the conditions of his or her parole or any of the rules and regulations governing his or her parole, he or she shall, upon order of the parole commission, be returned to the jail from which he or she was paroled and be confined therein for the unserved portion of his or her sentence. (c) The written order of each county board shall be a sufficient warrant for all officers named therein to authorize them, or any of them, to return to actual custody any conditionally released or paroled prisoner. All chiefs of police, marshals of cities, sheriffs, and all other police and peace officers of this state shall execute any such order in like manner as ordinary criminal process. (d) In computing the unserved sentence of a person returned to jail because of the revocation of his or her parole no credit shall be granted for the time between his or her release from jail on parole and his or her return to jail because of the revocation of his or her parole. (Amended by Stats. 2013, Ch. 456, Sec. 1. (AB 884) Effective January 1, 2014.)
  131. 3082.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    A county board may adopt written rules for unconditional release and may release certain non-U.S. citizen prisoners if they consent to return to their native land and actually return.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3082. Each county board may make and establish written rules and regulations for the unconditional release of and may unconditionally release any prisoner who is not a citizen or national of the United States and who voluntarily consents to return or to be returned to their native land and who actually returns or is returned. The necessary expenses of the transportation of the prisoner and officers or attendants in charge of the prisoner may be paid by the county, upon order of the board of supervisors authorizing or ratifying the return of the prisoner at the expense of the county. (Amended by Stats. 2021, Ch. 296, Sec. 46. (AB 1096) Effective January 1, 2022.)
  132. 3083.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    If the board designates deputies as temporary commissioners, they may exercise the article’s powers for unconditional release matters involving prisoners who are not U.S. citizens or nationals.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3083. Whenever the board designates deputies to serve as temporary commissioners in considering applications for parole of prisoners, such temporary commissioners or deputies may also exercise all the powers granted by this article relative to the unconditional release of prisoners who are not citizens or nationals of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 47. (AB 1096) Effective January 1, 2022.)
  133. 3084.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    Each county board may release a county or city jail inmate who is a state parole violator to the State Department of Corrections, but only when notified by the Board of Prison Terms.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3084. Each county board may release to the State Department of Corrections for return to a state prison or correctional institution any county or city jail inmate who is a state parole violator, when notified by the Board of Prison Terms. (Amended by Stats. 1979, Ch. 255.)
  134. 3085.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    Board members may designate deputies to act as temporary commissioners when they cannot serve, for parole applications from certain custodial or work facilities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 8. Length of Term of Imprisonment and Paroles [3000 - 3089] ( Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3085. The members of the board may for the purpose of considering applications for parole of prisoners from city or county jails, or industrial farms, or work furlough facilities, or industrial road camps, designate deputies of their respective offices to serve for them as temporary commissioners when they are unable to serve. (Added by renumbering Section 3077 by Stats. 1978, Ch. 918.)
  135. 3086.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    County boards must not require an inmate to admit guilt when setting terms or discharge dates.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3086. Each county board shall not require, when setting terms or discharge dates, an admission of guilt to any crime for which an inmate was committed. (Added by Stats. 1976, Ch. 833.)
  136. 3087.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    A prisoner may not be paroled unless the parole is supervised.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3087. No prisoner shall be paroled without supervision. (Added by Stats. 1979, Ch. 117.)
  137. 3088.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

    Verify source ↗

    A prisoner released on parole under this article must be supervised by a county parole officer of the county board of parole commissioners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3088. A prisoner who is released on parole pursuant to this article shall be supervised by a county parole officer of the county board of parole commissioners. (Amended by Stats. 1991, Ch. 229, Sec. 2.)
  138. 3089.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. )

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    County parole officers must follow Board of Corrections selection and training standards, and those who are public officers may not carry or possess firearms while doing their duties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, 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 3.5. County Boards of Parole Commissioners [3074 - 3089] ( Article 3.5 added by Stats. 1953, Ch. 1384. ) ## 3089. (a) A county parole officer who is not a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, is a public officer who works at the direction of the County Board of Parole Commissioners, as provided for in Section 3075, and is responsible for supervising prisoners released on parole by the board. (b) A county parole officer who is a public officer, as defined in subdivision (a), shall have no right to carry or possess firearms in the performance of his or her prescribed duties. (c) A county parole officer, as defined in subdivision (a), shall comply with the standards for selection and training established by the Board of Corrections pursuant to Section 6035. (Added by Stats. 1991, Ch. 229, Sec. 3.)
  139. 308b

    ## 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. )

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    A person may not knowingly deliver or cause delivery of unsolicited tobacco products to a residence in this state, unless the subdivision (b) defense applies.

    ## 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. ) ## 308b. (a) Except as provided in subdivision (b), every person who knowingly delivers or causes to be delivered to any residence in this state any tobacco products unsolicited by any person residing therein is guilty of a misdemeanor. (b) It is a defense to a violation of this section that the recipient of the tobacco products is personally known to the defendant at the time of the delivery. (c) The distribution of unsolicited tobacco products to residences in violation of this section is a nuisance within the meaning of Section 3479 of the Civil Code. (d) Nothing in this section shall be construed to impose any liability on any employee of the United States Postal Service for actions performed in the scope of his employment by the United States Postal Service. (Added by Stats. 1971, Ch. 1005.)
  140. 309.

    ## 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. )

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    Certain people who control prostitution premises, and parents or guardians of a minor, commit a misdemeanor if they admit, keep, or allow a minor to be admitted or kept in the premises.

    ## 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. ) ## 309. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor, who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor. (Added by Code Amendments 1880, Ch. 58.)
  141. 30900.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires certain assault weapon owners to register the firearm with the Department of Justice by specified deadlines and allows the department to set registration procedures and charge limited fees.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30900. (a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. (2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. (4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. (b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before July 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. (4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. (5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are 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). (c) (1) Any person who, prior to September 1, 2020, lawfully possessed an assault weapon as defined by paragraph (9), (10), or (11) of subdivision (a) of Section 30515, and is eligible to register an assault weapon as set forth in Section 30950, shall submit an application to register the firearm before January 1, 2022, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). (2) Registration applications shall be submitted in a manner and format to be specified by the department in regulations adopted pursuant to paragraph (5). (3) The registration application shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number, and any other information that the department may deem appropriate. The registration application shall also contain photographs of the firearm, as specified by the department in regulations adopted pursuant to paragraph (5). (4) For each registration application, the department may charge a fee that consists of the amount the department is authorized to require a dealer to charge each firearm purchaser under subdivision (a) of Section 28233, not to exceed the reasonable processing costs of the department. For registration applications seeking to register multiple firearms, the fee shall increase by up to five dollars ($5) for each additional firearm after the first, not to exceed the reasonable processing costs of the department. The fee shall be paid in a manner specified by the department in regulations adopted pursuant to paragraph (5) at the time the registration application is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. (5) The department shall adopt regulations for the purpose of implementing this subdivision and paragraphs (9), (10), and (11) of subdivision (a) of Section 30515. These regulations are 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). (Amended by Stats. 2020, Ch. 29, Sec. 40. (SB 118) Effective August 6, 2020.)
  142. 30905.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Some people who lawfully possessed a .50 BMG rifle before January 1, 2005 must register it with the department by April 30, 2006, unless Section 30600 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30905. (a) Except as provided in Section 30600, any person who lawfully possesses any .50 BMG rifle prior to January 1, 2005, that is not specified as an assault weapon under former Section 12276, as it reads in Section 19 of Chapter 606 of the Statutes of 1993, or former Section 12276.5, as it reads in Section 3 of Chapter 954 of the Statutes of 1991, or defined as an assault weapon pursuant to former Section 12276.1, as it reads in Section 3 of Chapter 911 of the Statutes of 2002, shall register the .50 BMG rifle with the department no later than April 30, 2006, pursuant to those procedures that the department may establish.(b) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. (c) The department may charge a fee for registration of twenty-five dollars ($25) per person to cover the actual processing and public education campaign costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. Data-processing costs associated with modifying the department’s data system to accommodate .50 caliber BMG rifles shall not be paid from the Dealers’ Record of Sale Special Account. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  143. 30910.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An assault weapon covered by this article generally cannot be sold or transferred within the state, except as stated in Sections 30925 and 31100 and to a licensed gun dealer.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30910. Except as provided in Section 30925, no assault weapon possessed pursuant to this article may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  144. 30915.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who acquires title to a covered assault weapon by bequest or intestate succession must, within 90 days, choose one of several compliance options.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30915. Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following: (a) Render the weapon permanently inoperable. (b) Sell the weapon to a licensed gun dealer. (c) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (d) Remove the weapon from this 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.)
  145. 30920.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who already lawfully possessed a firearm that is later declared or defined to be an assault weapon must, within 90 days, choose one of the listed compliance actions. In one case, the person may instead register the firearm within 90 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30920. (a) Any person who lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to former Section 12276.5, as it reads in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, or subsequently defined as an assault weapon pursuant to former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, shall, within 90 days, do one or more of the following: (1) Render the weapon permanently inoperable. (2) Sell the weapon to a licensed gun dealer. (3) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (4) Remove the weapon from this state. (b) Notwithstanding subdivision (a), a person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to former Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of former Section 12276.5, as it reads in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  146. 30925.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person moving into the state with a lawfully possessed assault weapon must either get a Department of Justice permit before bringing it in or have the weapon delivered to a licensed gun dealer.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30925. A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (a) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (b) The person shall cause the assault weapon to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer is prohibited from delivering the assault weapon to a person pursuant to this section, the dealer shall possess or dispose of the assault weapon as allowed by 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.)
  147. 30930.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A .50 BMG rifle covered by this article generally cannot be sold or transferred within the state after January 1, 2005, except as allowed by Section 30940, to a licensed gun dealer, or under Section 31100.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30930. Except as provided in Section 30940, no .50 BMG rifle possessed pursuant to this article may be sold or transferred on or after January 1, 2005, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  148. 30935.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who acquires title to a registered .50 BMG rifle, or one held through certain inheritance, must within 180 days either make it permanently inoperable, sell it to a licensed gun dealer, get a Department of Justice permit, or remove it from California.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30935. Any person who obtains title to a .50 BMG rifle registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 180 days of receipt, do one or more of the following:(a) Render the weapon permanently inoperable. (b) Sell the weapon to a licensed gun dealer. (c) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (d) Remove the weapon from this 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.)
  149. 30940.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person moving into the state with a lawful .50 BMG rifle must either get a Department of Justice permit before bringing it in or deliver the rifle to a licensed gun dealer.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30940. A person moving into this state, otherwise in lawful possession of a .50 BMG rifle, shall do one of the following: (a) Prior to bringing the .50 BMG rifle into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (b) The person shall cause the .50 BMG rifle to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that .50 BMG rifle to the person. If the licensed gun dealer is prohibited from delivering the .50 caliber BMG rifle to a person pursuant to this section, the dealer shall dispose of the .50 BMG rifle as allowed by 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.)
  150. 30945.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who has registered an assault weapon or .50 BMG rifle may possess it only in the listed places or situations, and only if no Section 31000 permit for additional uses has first been obtained.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30945. Unless a permit allowing additional uses is first obtained under Section 31000, a person who has registered an assault weapon or registered a .50 BMG rifle under this article may possess it only under any of the following conditions: (a) At that person’s residence, place of business, or other property owned by that person, or on property owned by another with the owner’s express permission. (b) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (c) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (d) While on the premises of a shooting club that is licensed pursuant to the Fish and Game Code. (e) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (f) While on publicly owned land, if the possession and use of a firearm described in Section 30510, 30515, 30520, or 30530, is specifically permitted by the managing agency of the land. (g) While transporting the assault weapon or .50 BMG rifle between any of the places mentioned in this section, or to any licensed gun dealer, for servicing or repair pursuant to Section 31050, if the assault weapon is transported as required by Sections 16850 and 25610. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  151. 30950.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People under 18 and people barred by state or federal firearm law may not register or possess an assault weapon or .50 BMG rifle.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30950. No person who is under the age of 18 years, and no person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, may register or possess an assault weapon or .50 BMG rifle. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  152. 30955.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The department must allow joint registration for assault weapons or .50 BMG rifles owned by family members in the same household, but not for assault weapons registered under Section 30900(c).

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30955. (a) The department’s registration procedures shall provide the option of joint registration for any assault weapon or .50 BMG rifle owned by family members residing in the same household. (b) Notwithstanding subdivision (a), for registration of assault weapons in accordance with subdivision (c) of Section 30900, joint registration is not permitted. (Amended by Stats. 2020, Ch. 29, Sec. 41. (SB 118) Effective August 6, 2020.)
  153. 30960.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section created a 90-day forgiveness period for certain people to register qualifying assault weapons with the Department of Justice, and limited charging in some cases tied to that registration.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30960. (a) For 90 days following January 1, 1992, a forgiveness period shall exist to allow any person specified in subdivision (b) of former Section 12280, as it reads in Section 4.5 of Chapter 954 of the Statutes of 1991, to register with the Department of Justice any assault weapon that the person lawfully possessed prior to June 1, 1989. (b) (1) Any person who registers an assault weapon during the 90-day forgiveness period described in subdivision (a), and any person whose registration form was received by the Department of Justice after January 1, 1991, and who was issued a temporary registration prior to the end of the forgiveness period, shall not be charged with a violation of subdivision (b) of former Section 12280, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon. (2) This section shall have no effect upon any person charged prior to January 1, 1992, with a violation of subdivision (b) of former Section 12280 as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended, provided that law enforcement was aware of the violation before the weapon was registered. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  154. 30965.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some prior assault-weapon registrants are treated as already registered and do not have to reregister.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Registration of Assault Weapons and .50 BMG Rifles and Related Rules [30900 - 30965] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 30965. (a) Any person who registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2000, where the assault weapon is thereafter defined as an assault weapon pursuant to Section 30515 or former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to this article. (b) Any person who legally registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2005, where the assault weapon is thereafter defined as a .50 caliber BMG rifle pursuant to Section 30530 or former Section 12278, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to 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.)
  155. 31.

    ## 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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    People who participate in a crime, including by aiding, encouraging, counseling, or coercing it, are treated as principals in that crime.

    ## 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. ) ## 31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. (Amended by Stats. 2007, Ch. 31, Sec. 4. Effective January 1, 2008.)
  156. 310.

    ## 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. )

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    Minors under 16 may not attend prizefights or cockfights, and venue owners or agents may not admit them or give them admission tickets; violations are misdemeanors with stated fines or jail terms.

    ## 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. ) ## 310. (a) Any minor under 16 years of age who visits or attends any prizefight or place where any prizefight is advertised to take place, and any owner, lessee, or proprietor, or the agent of any owner, lessee, or proprietor of any place where any prizefight is advertised or represented to take place who admits any minor to a place where any prizefight is advertised or represented to take place or who admits, sells, or gives to any minor a ticket or other paper by which that minor may be admitted to a place where a prizefight is advertised to take place, is guilty of a misdemeanor, and is punishable by a fine not exceeding one hundred dollars ($100) or by imprisonment in the county jail for not more than 25 days. (b) Any minor under 16 years of age who visits or attends any cockfight or place where any cockfight is advertised to take place, and any owner, lessee, or proprietor, or the agent of any owner, lessee, or proprietor of any place where any cockfight is advertised or represented to take place who admits any minor to a place where any cockfight is advertised or represented to take place or who admits, sells, or gives to any minor a ticket or other paper by which that minor may be admitted to a place where a cockfight is advertised to take place, is guilty of a misdemeanor, and is punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail for not more than 25 days. (Amended by Stats. 2011, Ch. 562, Sec. 1. (SB 425) Effective January 1, 2012.)
  157. 310.2.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    Adults supervising minors’ athletic teams must not provide diuretics, diet pills, or laxatives for nonmedical body-related 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. ) ## 310.2. (a) Any coach, trainer, or other person acting in an official or nonofficial capacity as an adult supervisor for an athletic team consisting of minors under the age of 18 who sells, gives, or otherwise furnishes to any member of that team a diuretic, diet pill, or laxative with the intent that it be consumed, injected, or administered for any nonmedical purpose such as loss of weight or altering the body in any way related to participation on the team or league, is guilty of a misdemeanor. (b) Subdivision (a) does not apply to a minor’s parent or guardian, or any person acting at the written direction of, or with the written consent of, the parent or guardian, if that person is in fact acting with that authority. Subdivision (a) does not apply to a physician. (Added by Stats. 1987, Ch. 999, Sec. 1.)
  158. 310.5.

    ## 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 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals [302 - 310.5] ( Chapter 7 enacted 1872. )

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    A parent or guardian, and an alleged perpetrator of an unlawful sex act, may not enter into certain agreements on behalf of a child that violate Civil Code Section 1669.5; doing so is a misdemeanor.

    ## 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. ) ## 310.5. (a) Any parent or guardian of a child who enters into an agreement on behalf of that child which is in violation of Section 1669.5 of the Civil Code, and any alleged perpetrator of an unlawful sex act upon that child who enters into such an agreement, is guilty of a misdemeanor. (b) Every person convicted of a violation of subdivision (a) shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for not less than 30 days nor more than six months, or by both such a fine and imprisonment, at the discretion of the court. (c) For purposes of this section, “unlawful sex act,” means a felony sex offense committed against a minor. (Added by Stats. 1994, 1st Ex. Sess., Ch. 54, Sec. 2. Effective November 30, 1994.)
  159. 31000.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Permits for Assault Weapons and .50 BMG Rifles [31000 - 31005] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some people must get a Department of Justice permit before using, keeping, or acquiring certain assault weapons or .50 BMG rifles; group entities may not be issued permits to possess them after January 1, 2014.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Permits for Assault Weapons and .50 BMG Rifles [31000 - 31005] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31000. (a) Any person who lawfully acquired an assault weapon before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and wishes to use it in a manner different than specified in Section 30945 shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (b) Any person who lawfully acquired an assault weapon between June 1, 1989, and January 1, 1990, and wishes to keep it after January 1, 1990, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (c) Any person who wishes to acquire an assault weapon after January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (d) On and after January 1, 2014, no partnership, corporation, limited liability company, association, or any other group or entity, regardless of how the entity was created, may be issued a permit to possess an assault weapon or a .50 BMG rifle. (Amended by Stats. 2014, Ch. 54, Sec. 16. (SB 1461) Effective January 1, 2015.)
  160. 31005.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Permits for Assault Weapons and .50 BMG Rifles [31000 - 31005] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may issue permits to manufacture or sell assault weapons or .50 BMG rifles if it finds good cause.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Permits for Assault Weapons and .50 BMG Rifles [31000 - 31005] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31005. (a) The Department of Justice may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons or .50 BMG rifles for the sale to, purchase by, or possession of assault weapons or .50 BMG rifles by, any of the following: (1) The agencies listed in Section 30625, and the officers described in Section 30630. (2) Entities and persons who have been issued permits pursuant to this section or Section 31000. (3) Federal law enforcement and military agencies. (4) Law enforcement and military agencies of other states. (5) Foreign governments and agencies approved by the United States State Department. (6) Entities outside the state who have, in effect, a federal firearms dealer’s license solely for the purpose of distribution to an entity listed in paragraphs (3) to (5), inclusive. (b) Application for the permits, the keeping and inspection thereof, and the revocation of permits shall be undertaken in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  161. 3105.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 9. Prison to Employment [3105- 3105.] ( Chapter 9 added by Stats. 2007, Ch. 7, Sec. 13. )

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    The Department of Corrections and Rehabilitation must develop a Prison-to-Employment plan and report its progress on specified dates.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 9. Prison to Employment [3105- 3105.] ( Chapter 9 added by Stats. 2007, Ch. 7, Sec. 13. ) ## 3105. The Department of Corrections and Rehabilitation shall develop an Inmate Treatment and Prison-to-Employment Plan. The plan should evaluate and recommend changes to the Governor and the Legislature regarding current inmate education, treatment, and rehabilitation programs to determine whether the programs provide sufficient skills to inmates that will likely result in their successful employment in the community, and reduce their chances of returning to prison after release to parole. The department shall report the status of the development of the plan on or before October 1, 2007, again on or before January 15, 2008, and shall submit the final plan by April 1, 2008. The department may use resources of other state or local agencies, academic institutions, and other research organizations as necessary to develop the plan. (Added by Stats. 2007, Ch. 7, Sec. 13. Effective May 3, 2007.)
  162. 31050.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Licensed Gun Dealers [31050 - 31055] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensed gun dealers may take possession of certain assault weapons or .50 BMG rifles for service or repair, and may transfer them to a gunsmith only in the situations allowed here.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Licensed Gun Dealers [31050 - 31055] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31050. (a) Any licensed gun dealer may take possession of any assault weapon or .50 BMG rifle for the purposes of servicing or repair from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to this chapter. (b) Any licensed gun dealer may transfer possession of any assault weapon or .50 BMG rifle received pursuant to subdivision (a), to a gunsmith for purposes of accomplishing service or repair of that weapon. A transfer is permissible only to the following persons: (1) A gunsmith who is in the dealer’s employ. (2) A gunsmith with whom the dealer has contracted for gunsmithing services. (c) In order for paragraph (2) of subdivision (b) to apply, the gunsmith receiving the assault weapon or .50 BMG rifle shall hold all of the following: (1) A dealer’s license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) Any business license required by a state or local governmental entity. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  163. 31055.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Licensed Gun Dealers [31050 - 31055] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensed gun dealers who lawfully possess an assault weapon or .50 BMG rifle may transport, display, and sell it in the listed ways, subject to stated conditions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Licensed Gun Dealers [31050 - 31055] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31055. In addition to the uses allowed in Article 5 (commencing with Section 30900), any licensed gun dealer who lawfully possesses an assault weapon or .50 BMG rifle pursuant to Article 5 (commencing with Section 30900) may do any of the following: (a) Transport the firearm between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 31050 shall be done as required by Sections 16850 and 25610. (b) Display the firearm at any gun show licensed by a state or local governmental entity. (c) Sell the firearm to a resident outside the state. (d) Sell the firearm to a person who has been issued a permit pursuant to Section 31000. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  164. 311.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    This section defines terms used in the chapter on obscene matter and obscene live conduct.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311. As used in this chapter, the following definitions apply: (a) “Obscene matter” means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. (1) If it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group. (2) In prosecutions under this chapter, if the circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and may justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value. (3) In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the matter depicts persons under 16 years of age engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may be considered in making that determination. (b) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (c) “Matter” means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material. “Matter” also means live or recorded telephone messages if transmitted, disseminated, or distributed as part of a commercial transaction. (d) “Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. (e) “Distribute” means transfer possession of, whether with or without consideration. (f) “Knowingly” means being aware of the character of the matter or live conduct. (g) “Exhibit” means show. (h) “Obscene live conduct” means any physical human body activity, whether performed or engaged in alone or with other persons, including, but not limited to, singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest and is conduct that, taken as a whole, depicts or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. (1) If it appears from the nature of the conduct or the circumstances of its production, presentation, or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the conduct shall be judged with reference to its intended recipient group. (2) In prosecutions under this chapter, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the conduct and may justify the conclusion that the conduct lacks serious literary, artistic, political, or scientific value. (3) In determining whether the live conduct taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those matters, the fact that the defendant knew that the live conduct depicts persons under 16 years of age engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may be considered in making that determination. (i) The Legislature expresses its approval of the holding of People v. Cantrell, 7 Cal. App. 4th 523, that, for the purposes of this chapter, matter that “depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct” is limited to visual works that depict that conduct. (Amended by Stats. 2024, Ch. 926, Sec. 2. (AB 1831) Effective January 1, 2025.)
  165. 311.1.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    It is prohibited to knowingly handle or distribute obscene matter involving minors or apparent minors in the ways listed, subject to stated exceptions.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.1. (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or to exhibit to, or to exchange with, others, or who offers to distribute, distributes, or exhibits to, or exchanges with, others, any obscene matter, knowing that the matter depicts a person under 18 years of age, or contains digitally altered or artificial-intelligence-generated data depicting what appears to be a person under 18 years of age, engaging in or simulating sexual conduct, as defined in Section 311.4, shall be punished either by imprisonment in the county jail for up to one year, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison, by a fine not to exceed ten thousand dollars ($10,000), or by the fine and imprisonment. (b) This section does not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities, or to lawful conduct between spouses. (c) This section does not apply to matter that depicts a child under 18 years of age when the child is legally emancipated, including lawful conduct between spouses when one or both are under 18 years of age. (d) It does not constitute a violation of this section for a telephone corporation, as defined by Section 234 of the Public Utilities Code, to carry or transmit messages described in this chapter or perform related activities in providing telephone services. (Amended by Stats. 2024, Ch. 929, Sec. 1. (SB 1381) Effective January 1, 2025.)
  166. 311.10.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    A person must not advertise for sale or distribution any obscene matter knowing it depicts a person under 18 engaging in or simulating sexual conduct.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.10. (a) Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony and is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment. (b) Subdivision (a) shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. (Added by Stats. 1985, Ch. 1550, Sec. 1.)
  167. 311.11.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    It is a felony to knowingly possess or control certain obscene or child-sexual-conduct-related matter; repeat or aggravated cases carry higher prison terms, and some items are exempt.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.11. (a) (1) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment. (2) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, knowing that the matter is obscene and depicts what appears to be a person under 18 years of age, or contains digitally altered or artificial-intelligence-generated data depicting what appears to be a person under 18 years of age, engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (b) Every person who commits a violation of subdivision (a), and who has been previously convicted of a violation of this section, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit any of the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (c) Each person who commits a violation of subdivision (a) shall be punished by imprisonment in the state prison for 16 months, or two or five years, or shall be punished by imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment, if one of the following factors exists: (1) The matter contains more than 600 images that violate subdivision (a), and the matter contains 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age. (2) The matter portrays sexual sadism or sexual masochism involving a person under 18 years of age. For purposes of this section, “sexual sadism” means the intentional infliction of pain for purposes of sexual gratification or stimulation. For purposes of this section, “sexual masochism” means intentionally experiencing pain for purposes of sexual gratification or stimulation. (d) It is not necessary to prove that the matter is obscene in order to establish a violation of paragraph (1) of subdivision (a). (1) Paragraph (1) of subdivision (a) does not apply to drawings, figurines, or statues. (2) This section does not apply to any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction. (e) For purposes of determining the number of images under paragraph (1) of subdivision (c), the following shall apply: (1) Each photograph, picture, computer or computer-generated image, or any similar visual depiction shall be considered to be one image. (2) Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images. (Amended by Stats. 2024, Ch. 926, Sec. 4. (AB 1831) Effective January 1, 2025. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  168. 311.12.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    People convicted of certain obscene-matter offenses involving government-owned computers or government-owned property can be fined up to $2,000, unless the court finds they cannot pay.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.12. (a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay. (2) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay. (b) The fines in subdivision (a) shall not be subject to the provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code, or Sections 1464 and 1465.7 of this code. (c) Revenue from any fines collected pursuant to this section shall be deposited into a county fund established for that purpose and allocated as follows, and a county may transfer all or part of any of those allocations to another county for the allocated use: (1) One-third for sexual assault investigator training. (2) One-third for public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking. (3) One-third for multidisciplinary teams. (d) As used in this section: (1) “Computer” includes any computer hardware, computer software, computer floppy disk, data storage medium, or CD-ROM. (2) “Government-owned” includes property and networks owned or operated by state government, city government, city and county government, county government, a public library, or a public college or university. (3) “Multidisciplinary teams” means a child-focused, facility-based program in which representatives from many disciplines, including law enforcement, child protection, prosecution, medical and mental health, and victim and child advocacy work together to conduct interviews and make team decisions about the investigation, treatment, management, and prosecution of child abuse cases, including child sexual abuse cases. It is the intent of the Legislature that this multidisciplinary team approach will protect victims of child abuse from multiple interviews, result in a more complete understanding of case issues, and provide the most effective child- and family-focused system response possible. (e) This section shall not be construed to require any government or government entity to retain data in violation of any provision of state or federal law. (Amended by Stats. 2024, Ch. 926, Sec. 5. (AB 1831) Effective January 1, 2025.)
  169. 311.2.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    This section bans sending, possessing, preparing, publishing, producing, printing, distributing, or exhibiting obscene or child-sexual-content material, with specific exceptions.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.2. (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000). (b) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or to exhibit to, or to exchange with, others for commercial consideration, or who offers to distribute, distributes, or exhibits to, or exchanges with, others for commercial consideration, any obscene matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or that it contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or six years, or by a fine not exceeding one hundred thousand dollars ($100,000), in the absence of a finding that the defendant would be incapable of paying that fine, or by both that fine and imprisonment. (c) (1) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If a person has been previously convicted of a violation of this subdivision, they are guilty of a felony. (2) It is not necessary to prove commercial consideration in order to establish a violation of this subdivision. (3) It is not necessary to prove that matter that depicts a real person under 18 years of age is obscene or lacks serious literary, artistic, political, or scientific value in order to establish a violation of this subdivision. (d) (1) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter, with intent to distribute or exhibit to, or to exchange with, a person under 18 years of age, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person under 18 years of age any matter, knowing that the matter depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, or any obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in such conduct, is guilty of a felony. (2) It is not necessary to prove commercial consideration in order to establish a violation of this subdivision. (3) It is not necessary to prove that matter that depicts a real person under 18 years of age is obscene or lacks serious literary, artistic, political, or scientific value in order to establish a violation of this subdivision. (e) Subdivisions (a) to (d), inclusive, do not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses, to legitimate medical, scientific, or educational activities, or to lawful conduct between spouses. (f) This section does not apply to matter that depicts a legally emancipated child under 18 years of age or to lawful conduct between spouses when one or both are under 18 years of age. (g) It does not constitute a violation of this section for a telephone corporation, as defined by Section 234 of the Public Utilities Code, to carry or transmit messages described in this chapter or to perform related activities in providing telephone services. (Amended by Stats. 2025, Ch. 241, Sec. 23. (SB 857) Effective January 1, 2026.)
  170. 311.3.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    This section makes it a crime to knowingly develop, duplicate, print, or exchange certain sexual images or other representations showing a person under 18 engaged in sexual conduct, with listed exceptions and criminal penalties.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.3. (a) A person is guilty of sexual exploitation of a child if that person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct. (b) It is not necessary to prove that the matter is obscene in order to establish a violation of subdivision (a). (c) As used in this section, “sexual conduct” means any of the following: (1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. (2) Penetration of the vagina or rectum by any object. (3) Masturbation for the purpose of sexual stimulation of the viewer. (4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (5) Exhibition of the genitals or the pubic or rectal area of any person for the purpose of sexual stimulation of the viewer. (6) Defecation or urination for the purpose of sexual stimulation of the viewer. (d) Subdivision (a) does not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities, or to lawful conduct between spouses. (e) Every person who violates subdivision (a) shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If the person has been previously convicted of a violation of subdivision (a) or any section of this chapter, the person shall be punished by imprisonment in the state prison. (f) The provisions of this section do not apply to an employee of a commercial film developer who is acting within the scope of employment and in accordance with the instructions of their employer, provided that the employee has no financial interest in the commercial developer by which they are employed. (g) Subdivision (a) does not apply to matter that is unsolicited and is received without knowledge or consent through a facility, system, or network over which the person or entity has no control. (Amended by Stats. 2024, Ch. 929, Sec. 2. (SB 1381) Effective January 1, 2025.)
  171. 311.4.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    This section prohibits using minors in specified obscene-matter conduct and makes related commercial and noncommercial promotion or coercion of minors for sexual-conduct material a felony, with jail, prison, and fine penalties.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.4. (a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which they should reasonably know that the person is a minor, hires, employs, or uses the minor to do or assist in doing any of the acts described in Section 311.2, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000). (b) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of any facts on the basis of which they should reasonably know that the person is a minor under 18 years of age, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under 18 years of age, or any parent or guardian of a minor under 18 years of age who is under their control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, digitally altered or artificial-intelligence-generated matter, or live performance, involving sexual conduct by a minor under 18 years of age alone or with other persons or animals, for commercial purposes, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of any facts on the basis of which they should reasonably know that the person is a minor under 18 years of age, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under 18 years of age, or any parent or guardian of a minor under 18 years of age who is under their control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, digitally altered or artificial-intelligence-generated matter, or live performance, involving sexual conduct by a minor under 18 years of age alone or with other persons or animals, is guilty of a felony. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision. (d) As used in subdivisions (b) and (c), “sexual conduct” means any of the following, whether actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious sexual act as defined in Section 288, or excretory functions performed in a lewd or lascivious manner, whether or not any of the above conduct is performed alone or between members of the same or opposite sex or between humans and animals. An act is simulated when it gives the appearance of being sexual conduct. (e) This section does not apply to a legally emancipated minor or to lawful conduct between spouses if one or both are under 18 years of age. (f) In every prosecution under this section involving a minor under 14 years of age at the time of the offense, the age of the victim shall be pled and proven for the purpose of the enhanced penalty provided in Section 647.6. Failure to plead and prove that the victim was under 14 years of age at the time of the offense is not a bar to prosecution under this section if it is proven that the victim was under 18 years of age at the time of the offense. (Amended by Stats. 2024, Ch. 929, Sec. 3. (SB 1381) Effective January 1, 2025.)
  172. 311.5.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    A person who writes, creates, solicits, or promotes the publication, distribution, sale, or exhibition of material represented as obscene is guilty of a misdemeanor.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.5. Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the sale, distribution, or exhibition of matter represented or held out by him to be obscene, is guilty of a misdemeanor. (Amended by Stats. 1969, Ch. 249.)
  173. 311.6.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    A person who knowingly performs or presents obscene live conduct in the specified public settings is guilty of a misdemeanor.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.6. Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits obscene live conduct to or before an assembly or audience consisting of at least one person or spectator in any public place or in any place exposed to public view, or in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor. (Amended by Stats. 1970, Ch. 1072.)
  174. 311.7.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    A person who knowingly makes resale-related supply or franchise terms depend on accepting obscene matter commits a misdemeanor.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.7. Every person who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any obscene matter or who denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept obscene matter, or by reason of the return of such obscene matter, is guilty of a misdemeanor. (Added by Stats. 1961, Ch. 2147.)
  175. 311.8.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    This section gives defendants defenses in certain prosecutions and makes certain applicant/recipient lists 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.8. (a) It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate scientific or educational purposes. (b) It shall be a defense in any prosecution for a violation of this chapter by a person who knowingly distributed any obscene matter by the use of telephones or telephone facilities to any person under the age of 18 years that the defendant has taken either of the following measures to restrict access to the obscene matter by persons under 18 years of age: (1) Required the person receiving the obscene matter to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene matter begins, where the defendant has previously issued the code by mailing it to the applicant therefor after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of 18 years or that the code is no longer desired. (2) Required payment by credit card before transmission of the matter. (c) Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subdivision (b) is confidential and shall not be sold or otherwise disseminated except upon order of the court. (Amended by Stats. 1987, Ch. 1101, Sec. 1.)
  176. 311.9.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

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    This section sets penalties for violating several obscene-matter provisions, including fines, county jail time, or both, with harsher treatment for repeat offenders.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 311.9. (a) Every person who violates subdivision (a) of Section 311.2 or Section 311.5 is punishable by fine of not more than one thousand dollars ($1,000) plus five dollars ($5) for each additional unit of material coming within the provisions of this chapter, which is involved in the offense, not to exceed ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than six months plus one day for each additional unit of material coming within the provisions of this chapter, and which is involved in the offense, not to exceed a total of 360 days in the county jail, or by both that fine and imprisonment. If that person has previously been convicted of any offense in this chapter, or of a violation of Section 313.1, a violation of subdivision (a) of Section 311.2 or Section 311.5 is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170. (b) Every person who violates subdivision (a) of Section 311.4 is punishable by fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. If that person has been previously convicted of a violation of former Section 311.3 or Section 311.4 he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (c) Every person who violates Section 311.7 is punishable by fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. For a second and subsequent offense he or she shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the person has been twice convicted of a violation of this chapter, a violation of Section 311.7 is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 324. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  177. 31100.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Any individual may arrange in advance to give an assault weapon or .50 BMG rifle to a police or sheriff’s department, and the weapon must be transported under the cited transport sections.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31100. Any individual may arrange in advance to relinquish an assault weapon or a .50 BMG rifle to a police or sheriff’s department. The assault weapon or .50 BMG rifle shall be transported in accordance with Sections 16850 and 25610. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  178. 31105.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Peace officers and dispatchers generally must not broadcast on police radio that a person has registered or obtained a permit for an assault weapon or .50 BMG rifle, unless they have a good-faith reason tied to listed criminal-circumstance 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 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31105. (a) No peace officer or dispatcher shall broadcast over a police radio that an individual has registered, or has obtained a permit to possess, an assault weapon or .50 BMG rifle pursuant to this chapter, unless there exists a reason to believe in good faith that one of the following conditions exist: (1) The individual has engaged, or may be engaged, in criminal conduct. (2) The police are responding to a call in which the person allegedly committing a criminal violation may gain access to the assault weapon or .50 BMG rifle. (3) The victim, witness, or person who reported the alleged criminal violation may be using the assault weapon or .50 BMG rifle to hold the person allegedly committing the criminal violation, or may be using the weapon in defense of self or another person. (b) This section shall not prohibit a peace officer or dispatcher from broadcasting over a police radio that an individual has not registered, or has not obtained a permit to possess, an assault weapon or .50 BMG rifle pursuant to this chapter. (c) This section does not limit the transmission of an assault weapon or a .50 BMG rifle ownership status via law enforcement computers or any other medium that is legally accessible only to peace officers or other authorized personnel. (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. 31110.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must inspect permit holders annually for security, safe storage, and inventory reconciliation, unless subdivision (b) applies. Smaller inventories of fewer than five qualifying devices are inspected at least every five years, or more often if the department decides.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31110. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of assault weapons. (b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department. (Amended by Stats. 2013, Ch. 729, Sec. 3. (AB 170) Effective January 1, 2014.)
  180. 31115.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must run a public education and notification program about assault-weapon registration and related weapon definitions.

    ## 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 2. Assault Weapons and .50 BMG Rifles [30500 - 31115] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 8. Miscellaneous Provisions [31100 - 31115] ( Article 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31115. (a) The Department of Justice shall conduct a public education and notification program regarding the registration of assault weapons and the definition of the weapons set forth in Section 30515 and former Section 12276.1, as it read at any time from when it was added by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010. (b) The public education and notification program shall include outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement specified in subdivision (f) of former Section 12285, as that subdivision read in Section 5 of Chapter 954 of the Statutes of 1991, and the consequences of nonregistration. The department shall develop posters describing gunowners’ responsibilities under former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4, as that chapter read when the forgiveness period commenced on January 1, 1992, which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period. (c) For .50 BMG rifles, the department’s education campaign shall provide materials to dealers of .50 BMG rifles, and to recognized national associations that specialize in .50 BMG rifles. (d) Any costs incurred by the Department of Justice to implement this section, which cannot be absorbed by the department, shall be funded from the Dealers’ Record of Sale Special Account, as set forth in Section 28235, or former Section 12076 as it read at any time from when it was amended by Section 1.7 of Chapter 954 of the Statutes of 1991 to when it was repealed by Section 12 of Chapter 606 of the Statutes of 1993, or former Section 12076 as it read at any time from when it was enacted by Section 13 of Chapter 606 of the Statutes of 1993 to when it was repealed by the Deadly Weapons Recodification Act of 2010, upon appropriation by the Legislature. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  181. 312.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    After a conviction becomes final, the court may order certain convicted-related obscene matter or advertisements destroyed.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312. Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the district attorney or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control. (Repealed and added by Stats. 1961, Ch. 2147.)
  182. 312.1.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    In prosecutions under this chapter or Chapter 7.6, neither side has to present expert testimony about obscenity or harmful character.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312.1. In any prosecution for a violation of the provisions of this chapter or of Chapter 7.6 (commencing with Section 313), neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter or live conduct which is the subject of the prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of significant literary, artistic, political, educational, or scientific value shall, subject to the provisions of the Evidence Code, be admissible when offered by either the prosecution or by the defense. (Amended by Stats. 2001, Ch. 854, Sec. 25. Effective January 1, 2002.)
  183. 312.3.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    This section allows forfeiture and destruction of certain obscene matter involving a person under 18, and sets notice, claim, and filing procedures.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312.3. (a) Matter that depicts a person under 18 years of age engaging in or simulating sexual conduct as defined in Section 311.4 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. (b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. (c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. (d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating their interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. (2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon their alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). (e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. (f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter or obscene matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. (g) A court order for destruction of matter or obscene matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. (h) As used in this section, “matter” means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines, or materials. “Matter” also means any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner any film, filmstrip, or digitally altered or artificial-intelligence-generated matter. (i) This section does not apply to a depiction of a legally emancipated minor or to lawful conduct between spouses if one or both are under 18 years of age. (j) It is a defense in any forfeiture proceeding that the matter or obscene matter seized was lawfully possessed in aid of legitimate scientific or educational purposes. (Amended by Stats. 2024, Ch. 929, Sec. 4. (SB 1381) Effective January 1, 2025.)
  184. 312.5.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    If part of this chapter is invalid, the rest of the chapter still stands if it can work without the invalid part.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312.5. If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision or application of this chapter, which can be given effect without the invalid phrase, clause, sentence, section, provision or application and to this end the provisions of this chapter are declared to be severable. (Added by Stats. 1969, Ch. 249.)
  185. 312.6.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    This section limits liability for people or entities that only provide access or connection to a network they do not control, limits employer liability in some cases, and provides a defense for good-faith efforts to restrict or prevent access to covered communications.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312.6. (a) It does not constitute a violation of this chapter for a person or entity solely to provide access or connection to or from a facility, system, or network over which that person or entity has no control, including related capabilities that are incidental to providing access or connection. This subdivision does not apply to an individual or entity that is owned or controlled by, or a conspirator with, an entity actively involved in the creation, editing, or knowing distribution of communications that violate this chapter. (b) An employer is not liable under this chapter for the actions of an employee or agent unless the employee’s or agent’s conduct is within the scope of his or her employment or agency and the employer has knowledge of, authorizes, or ratifies the employee’s or agent’s conduct. (c) It is a defense to prosecution under this chapter and in any civil action that may be instituted based on a violation of this chapter that a person has taken reasonable, effective, and appropriate actions in good faith to restrict or prevent the transmission of, or access to, a communication specified in this chapter. (Added by Stats. 1996, Ch. 1080, Sec. 8. Effective January 1, 1997.)
  186. 312.7.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. )

    Verify source ↗

    This section says Chapter 7.5 does not apply to interstate services or to other activities and actions covered by a federal state-liability bar.

    ## 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 7.5. Obscene Matter [311 - 312.7] ( Chapter 7.5 added by Stats. 1961, Ch. 2147. ) ## 312.7. Nothing in this chapter shall be construed to apply to interstate services or to any other activities or actions for which states are prohibited from imposing liability pursuant to Paragraph (4) of subsection (g) of Section 223 of Title 47 of the United States Code. (Added by Stats. 1996, Ch. 1080, Sec. 9. Effective January 1, 1997.)
  187. 313.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

    Verify source ↗

    This section defines terms used in the chapter, including “harmful matter,” “matter,” “person,” “distribute,” “knowingly,” “exhibit,” and “minor.”

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313. As used in this chapter: (a) “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (1) When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group. (2) In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value for minors. (b) “Matter” means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. “Matter” also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction. (c) “Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. (d) “Distribute” means to transfer possession of, whether with or without consideration. (e) “Knowingly” means being aware of the character of the matter. (f) “Exhibit” means to show. (g) “Minor” means any natural person under 18 years of age. (Amended by Stats. 1994, Ch. 1010, Sec. 190. Effective January 1, 1995.)
  188. 313.1.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

    Verify source ↗

    This section bans selling, distributing, exhibiting, or vending harmful matter to minors, requires certain adults-only handling and labeling for video recordings, and allows some age-verification defenses and local blinder-rack ordinances.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313.1. (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly sells, rents, distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter to the minor shall be punished as specified in Section 313.4. It does not constitute a violation of this section for a telephone corporation, as defined by Section 234 of the Public Utilities Code, to carry or transmit messages described in this chapter or to perform related activities in providing telephone services. (b) Every person who misrepresents himself or herself to be the parent or guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful matter shall be punished as specified in Section 313.4. (c) (1) Any person who knowingly displays, sells, or offers to sell in any coin-operated or slug-operated vending machine or mechanically or electronically controlled vending machine that is located in a public place, other than a public place from which minors are excluded, any harmful matter displaying to the public view photographs or pictorial representations of the commission of any of the following acts shall be punished as specified in Section 313.4: sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or a photograph of an exposed penis in an erect and turgid state. (2) Any person who knowingly displays, sells, or offers to sell in any coin-operated vending machine that is not supervised by an adult and that is located in a public place, other than a public place from which minors are excluded, any harmful matter, as defined in subdivision (a) of Section 313, shall be punished as specified in Section 313.4. (d) Nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county that restricts the display of material that is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. (e) Any person who sells or rents video recordings of harmful matter shall create an area within his or her business establishment for the placement of video recordings of harmful matter and for any material that advertises the sale or rental of these video recordings. This area shall be labeled “adults only.” The failure to create and label the area is an infraction, punishable by a fine not to exceed one hundred dollars ($100). The failure to place a video recording or advertisement, regardless of its content, in this area shall not constitute an infraction. Any person who sells or distributes video recordings of harmful matter to others for resale purposes shall inform the purchaser of the requirements of this section. This subdivision shall not apply to public libraries as defined in Section 18710 of the Education Code. (f) Any person who rents a video recording and alters the video recording by adding harmful material, and who then returns the video recording to a video rental store, shall be guilty of a misdemeanor. It shall be a defense in any prosecution for a violation of this subdivision that the video rental store failed to post a sign, reasonably visible to all customers, delineating the provisions of this subdivision. (g) It shall be a defense in any prosecution for a violation of subdivision (a) by a person who knowingly distributed any harmful matter by the use of telephones or telephone facilities to any person under the age of 18 years that the defendant has taken either of the following measures to restrict access to the harmful matter by persons under 18 years of age: (1) Required the person receiving the harmful matter to use an authorized access or identification code, as provided by the information provider, before transmission of the harmful matter begins, where the defendant previously has issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of 18 years or that the code is no longer desired. (2) Required payment by credit card before transmission of the matter. (h) It shall be a defense in any prosecution for a violation of paragraph (2) of subdivision (c) that the defendant has taken either of the following measures to restrict access to the harmful matter by persons under 18 years of age: (1) Required the person receiving the harmful matter to use an authorized access or identification card to the vending machine after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the card of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of 18 years or that the card is no longer desired. (2) Required the person receiving the harmful matter to use a token in order to utilize the vending machine after taking reasonable measures to ascertain that the person was 18 years of age or older. (i) Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with paragraph (1) of subdivision (g) is confidential and shall not be sold or otherwise disseminated except upon order of the court. (Amended by Stats. 1994, Ch. 38, Sec. 1. Effective January 1, 1995.)
  189. 313.2.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

    Verify source ↗

    This section exempts parents, guardians, and other persons from the chapter’s prohibition in limited situations involving harmful matter and accompanied minors.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313.2. (a) Nothing in this chapter shall prohibit any parent or guardian from distributing any harmful matter to his child or ward or permitting his child or ward to attend an exhibition of any harmful matter if the child or ward is accompanied by him. (b) Nothing in this chapter shall prohibit any person from exhibiting any harmful matter to any of the following: (1) A minor who is accompanied by his parent or guardian. (2) A minor who is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor. (Amended by Stats. 1970, Ch. 257.)
  190. 313.3.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

    Verify source ↗

    A person prosecuted for violating this chapter may assert a defense if the charged act was done for legitimate scientific or educational 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313.3. It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate scientific or educational purposes. (Added by Stats. 1969, Ch. 248.)
  191. 313.4.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

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    A person who violates Section 313.1, except subdivision (e), can be fined up to $2,000, jailed up to one year, or both. If the person has certain prior convictions, the punishment changes to imprisonment under Section 1170(h).

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313.4. Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously convicted of a violation of Section 313.1, other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 325. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  192. 313.5.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. )

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    If part of this chapter is held invalid, the rest still remains effective if it can operate without the invalid part.

    ## 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 7.6. Harmful Matter [313 - 313.5] ( Chapter 7.6 added by Stats. 1969, Ch. 248. ) ## 313.5. If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision or application of this chapter, which can be given effect without the invalid phrase, clause, sentence, section, provision or application and to this end the provisions of this chapter are declared to be severable. (Added by Stats. 1969, Ch. 248.)
  193. 31310.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The commissioner may not acquire body armor under Section 2259.5 unless the Department of Justice has certified it under Section 31315(a).

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31310. No body armor shall be acquired by the commissioner pursuant to Section 2259.5 of the Vehicle Code unless, pursuant to subdivision (a) of Section 31315, the Department of Justice has certified the body armor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  194. 31315.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Before body armor can be bought for use by state peace officers, the Department of Justice must set minimum ballistic performance standards and determine the armor meets 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 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31315. (a) Before any body armor may be purchased for use by state peace officers, the Department of Justice, after consultation with the Department of the California Highway Patrol, shall establish minimum ballistic performance standards, and shall determine that the armor satisfies those standards. (b) Only body armor that meets state requirements under subdivision (a) for acquisition or purchase shall be eligible for testing for certification under the ballistic performance standards established by the Department of Justice. (c) Only body armor that is certified as acceptable by the department shall be purchased for use by state peace officers. (Amended by Stats. 2011, Ch. 296, Sec. 241. (AB 1023) Effective January 1, 2012.)
  195. 31320.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A body armor manufacturer or seller may ask the Department of Justice to certify a type of body armor as acceptable, and the applicant must reimburse the state’s actual testing and certification costs.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31320. (a) Any person engaged in the manufacture or sale of body armor may apply to the Department of Justice for certification that a particular type of body armor manufactured or sold by that person is acceptable. (b) The applicant shall reimburse the state for any actual expenses incurred by the state in testing and certifying a particular type of body armor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  196. 31325.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An application under Section 31320 must include specified reports, statements, samples, and specimens about the body armor.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31325. Any application submitted pursuant to Section 31320 shall contain all of the following: (a) Full written reports of any investigation conducted for the purpose of determining whether the body armor is acceptable. (b) A full written statement of the design of the body armor. (c) A full written statement of the methods used in, and the facilities and controls used for, the manufacture of the body armor. (d) Any samples of the body armor and its components as the Department of Justice may require. (e) Specimens of the instructions and advertisements used or proposed to be used for the body armor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  197. 31330.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must establish a ballistic testing schedule for certification, working with the Department of General Services’ office of procurement.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31330. The Department of Justice, in cooperation with the office of procurement of the Department of General Services, shall establish a schedule for ballistic testing for certification pursuant to subdivision (b) of Section 31315. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  198. 31335.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must refuse to certify body armor as acceptable if, after notice to the applicant, it finds one of the listed problems.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31335. The Department of Justice shall issue an order refusing to certify a body armor as acceptable if, after due notice to the applicant, the department finds any of the following: (a) That the body armor does not satisfy the ballistic performance standards established by the department pursuant to subdivision (b) of Section 31315. (b) That the application contains any misrepresentation of a material fact. (c) That the application is materially incomplete. (d) That the applicant has failed to reimburse the state as required by Section 31320. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  199. 31340.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must revoke body armor certification if, after notice to the applicant, it finds noncompliance with ballistic performance standards, a material misrepresentation, or that retesting is required under new standards.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31340. The Department of Justice shall issue an order revoking certification of a body armor if, after due notice to the applicant, the department finds any of the following: (a) The experience or additional testing show that the body armor does not comply with the department’s ballistic performance standards. (b) The application contains any misrepresentation of a material fact. (c) The body armor must be retested for certification under new department standards. (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. 31345.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of General Services must buy certified body armor for authorized state agencies or departments, based on written requests, and must make it available to certain Department of Justice peace officers on duty.

    ## 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 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31345. (a) All purchases of certified body armor under the provisions of this chapter shall be made by the Department of General Services on behalf of an authorized state agency or department. Purchases of body armor shall be based upon written requests submitted by an authorized state agency or department to the Department of General Services. (b) The Department of General Services shall make certified body armor available to peace officers of the Department of Justice, as defined by Section 830.3, while engaged in law enforcement activities. (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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